United States District Court, D. Arizona
Bridget S. Bade, United States Magistrate Judge
Court held a final pretrial conference in this matter on July
18, 2018. This matter is set for a three-day bench trial
beginning Tuesday, September 11, 2018 and concluding
no later than Thursday, September 13, 2018. The
trial will be held in Courtroom 304 of the Sandra Day
O'Connor U.S. Courthouse, 401 West Washington Street,
Phoenix, Arizona 85003. Unless otherwise ordered, time for
trial each day shall be from 9:00 am to 12:00 noon and from
1:30 pm to 4:30 pm.
Court and counsel discussed the Proposed Joint Final Pretrial
Order (Doc. 43), filed July 12, 2018. The Court approves and
adopts the Proposed Joint Final Pretrial Order as the
Pretrial Order, subject to the following corrections and
instructions regarding the allocation of trial time, a
corrected exhibit list and deposition designations.
parties are advised that the trial time will be allocated
between them and the time for each side will be measured by a
clock. Plaintiff will be allowed twelve hours to present its
case, including direct and cross-examination of witnesses,
opening statements, and closing arguments. Defendant will be
allowed four hours to present its case, including direct and
cross-examination of witnesses, opening statements, and
closing arguments. Counsel may check with court staff
throughout the trial to determine the amount of time they
parties must file an amended exhibit list, and deliver the
exhibits to the Court, no later than five days before
trial. The parties must number and mark exhibits in
accordance with the instructions found in Exhibit Procedures
at www.azd.uscourts.gov under Judges' Information/Orders,
Forms and Procedures/Bridget S. Bade. The parties stipulate
that they are not asserting objections to exhibits based on
foundation or authenticity.
parties must submit copies of the depositions that may be
used at trial. The portions to be read or submitted at trial
have been identified by page and line number in the final
proposed pretrial order. The party offering the deposition
must provide the Court with a copy of the offered deposition
testimony no later than five days before
trial. The offering party must highlight, in color,
the portions of the deposition to be offered (indicating
Plaintiff's designation in yellow and Defendant's
designations in blue). The parties agree that Defendant's
expert, John Scott Davenport, will testify in person at trial
and that his testimony will not be presented by deposition.
The parties also agree that Plaintiff may present the
testimony of its employees Dagmar Marti Gude and Mary Ann
O'Connor by deposition, as designated in the proposed
final pretrial order.
Court will not allow the parties to offer any exhibit,
witness, or other evidence that was not disclosed in
accordance with the Federal Rules of Civil Procedure and
listed in the Proposed Joint Final Pretrial Order, except to
prevent manifest injustice. Any objections that are not
specifically raised in the Proposed Joint Final Pretrial
Order are waived.
stated on the record at the final pretrial conference, the
Court denies Defendant's Motion to Extend Deadlines (Doc.
45), Defendant's Motion in Limine to Preclude
Plaintiff's Evidence of Damages (Doc. 46),
Defendant's Motion in Limine to Preclude Plaintiff's
Exhibits (Doc. 47), and Defendant's Motion in Limine to
Preclude Plaintiff's Witnesses. (Doc. 48.)
must review the Court's statement of Trial Conduct and
Decorum before trial. A copy can be found on the Court's
website at www.azd.uscourts.gov under: Judges'
Information/Orders, Forms and Procedures/Bridget S. Bade.
may contact Brian Lalley in the Court's Systems
Technology Department to make an appointment to familiarize
themselves with the courtroom equipment. Counsel may also
contact Judicial Assistant Ellen Weber at (602) 322-7680 for
assistance, including making an appointment to inspect
addition, counsel are reminded that they must submit the
following information before trial:
1. To facilitate the creation of an accurate record, the
parties must file a “Notice to Court Reporter”
one week before trial containing the
following information that may be used at trial:
(a) Proper names, including those of ...