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Gary v. USAA Life Insurance Co.

United States District Court, D. Maryland

September 8, 2016

Gary
v.
USAA Life Insurance Co.

          MEMORANDUM TO COUNSEL

          Paul W. Grimm United States District Judge.

         This memorandum confirms the trial date that has been set in this case and it provides the schedule for this case and certain instructions relating to trial preparation.

         Monday, January 9, 2017 Deadline for Motions in Limine

         Monday, January 16, 2017 Deadline for Responses to Motions in Limine

         Friday, January 27, 2017 Deadline for submitting Joint Pretrial Order; Joint Proposed Voir Dire Questions, Jury Instructions, and Special Verdict Forms; and any Unagreed Proposed Voir Dire Questions, Jury Instructions, and Special Verdict Forms.

         Friday, February 17, 2017 at 4:00 PM Pretrial Conference

         Tuesday, March 7, 2017 at 9:00 AM Jury Selection and Four-Day Jury Trial to Begin

         Proposed Pretrial Order

         The pretrial order must comply with all provisions of Local Rule 106. The purpose of this proposed order is to summarize what is established and what needs to be resolved at trial. The proposed pretrial order shall include final stipulations, or requests for stipulations, of specific facts, which include the legal theories relied upon in each claim and defense. See Loc. R. 106.2(f). With regard to evidence, the proposed pretrial order must include a detailed list of “exhibits the parties agree may be offered in evidence without the usual authentication.” Loc. R. 106.2(h). The list of documents should be detailed and include each document by title. The list of witnesses must satisfy Local Rule 106.2(i). For depositions under Fed.R.Civ.P. 32, the parties shall include “[a] list of the pages and/or lines of any portion of a deposition to be offered in a party's case in chief or any counter-designations.” Loc. R. 106.2(k). If the parties do not plan to use depositions in their cases in chief, they may indicate the same and reserve the right to use depositions for impeachment. The parties will indicate their agreement, or lack thereof, as to admissibility of each document and any testimony to be presented as evidence. See Loc. R. 106.2(g), (1), (m).

         In addition to the information required by Local Rule 106.2(j), the pretrial order shall include for each party a concise summary of the opinion testimony expected from each witness identified by that party pursuant to Fed.R.Civ.P. 26(a)(2)(A) and (B) who may testify at trial. See Loc. R. 106.2(m). The parties shall identify those witnesses designated pursuant to Rule 26(a)(2)(A) separately from those designated pursuant to Rule 26(a)(2)(B).

         Motions in Limine

         Motions in Limine and Responses in Opposition should be submitted in informal letters of no more than three pages, single-spaced, for each discreet evidentiary issue.

         Voir Dire, Jury Instructions, and Verdict Forms

         You should submit proposed joint voir dire questions, proposed joint jury instructions on issues specifically relating to this case, and a proposed joint special verdict form.[1] You may submit separately any voir dire questions, jury instructions, and special verdict forms upon which you cannot agree. However, it is expected that counsel will be able to reach agreement as to the vast majority of the jury instructions. In this regard, you should be guided by the applicable pattern instructions. All of your proposed voir dire questions, jury instructions, special verdict forms, and proposed pretrial order should be ...


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