Filed: Jan. 17, 2017
Latest Update: Jan. 17, 2017
Summary: ORDER GRANTING STIPULATION TO AMEND RPETRIAL DEADLINES (Doc. 122) JENNIFER L. THURSTON , Magistrate Judge . Counsel have filed a stipulation to extend the pretrial deadlines. 1 (Doc. 122) The date counsel propose for the pretrial conference would leave insufficient time for filing, opposing and hearing motions in limine. Thus, though the Court will extend the deadlines, the Court must set some pretrial deadlines at this time. Consequently, the Court ORDERS: 1. Plaintiff's pretrial stat
Summary: ORDER GRANTING STIPULATION TO AMEND RPETRIAL DEADLINES (Doc. 122) JENNIFER L. THURSTON , Magistrate Judge . Counsel have filed a stipulation to extend the pretrial deadlines. 1 (Doc. 122) The date counsel propose for the pretrial conference would leave insufficient time for filing, opposing and hearing motions in limine. Thus, though the Court will extend the deadlines, the Court must set some pretrial deadlines at this time. Consequently, the Court ORDERS: 1. Plaintiff's pretrial state..
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ORDER GRANTING STIPULATION TO AMEND RPETRIAL DEADLINES
(Doc. 122)
JENNIFER L. THURSTON, Magistrate Judge.
Counsel have filed a stipulation to extend the pretrial deadlines.1 (Doc. 122) The date counsel propose for the pretrial conference would leave insufficient time for filing, opposing and hearing motions in limine. Thus, though the Court will extend the deadlines, the Court must set some pretrial deadlines at this time. Consequently, the Court ORDERS:
1. Plaintiff's pretrial statement, including any motions for attendance of incarcerated witnesses and motions for attendance of unincarcerated witnesses who refuse to testify voluntarily, SHALL be filed no later than February 24, 2017;
2. Defendant's pretrial statement and any opposition to Plaintiff's motion for attendance of witnesses SHALL be filed no later than March 24, 2017;
3. If any inmate witness is discovered after February 24, 2017, Plaintiff may file a supplemental motion for the attendance of incarcerated witnesses. However, any such motion SHALL be filed no later than March 28, 20172, and SHALL set forth good cause for the late filing. If such a motion is filed, the defendant's objections SHALL be filed no later than April 4, 2017;
4. The pretrial conference is continued to April 3, 2017 at 1:30 p.m.;
5. No later than March 28, 2017, the parties SHALL exchange exhibit lists via e-mail or fax. A copy of any exhibit not previously disclosed, SHALL be provided with the exhibit list;
4. No later than March 28, 2017, the parties SHALL exchange witness lists via e-mail or fax;
5. Any party may file motions in limine. The purpose of a motion in limine is to establish in advance of the trial that certain evidence should not be offered at trial. "Although the Federal Rules of Evidence do not explicitly authorize in limine rulings, the practice has developed pursuant to the district court's inherent authority to manage the course of trials." Luce v. United States, 469 U.S. 38, 40 n. 2 (1984); Jonasson v. Lutheran Child and Family Services, 115 F.3d 436, 440 (7th Cir. 1997). The Court will grant a motion in limine, and thereby bar use of the evidence in question, only if the moving party establishes that the evidence clearly is not admissible for any valid purpose. Id.
Any motions in limine must be filed with the Court by April 7, 2017. The motion must clearly identify the nature of the evidence that the moving party seeks to prohibit the other side from offering at trial. Any opposition to the motion must be served on the other party, and filed with the Court by April 14, 2017. No replies are authorized. The Court sets a hearing on the motions in limine on April 17, 2017, at 10:00 a.m. Appearances via Courtcall are authorized.
In advance of filing any motion in limine, counsel SHALL meet and confer to determine whether they can resolve any disputes and avoid filing motions in limine. Along with their motions in limine, the parties SHALL file a certification demonstrating counsel have in good faith met and conferred and attempted to resolve the dispute. Failure to provide the certification may result in the Court refusing to entertain the motion;
5. The parties SHALL serve, via e-mail or fax, their joint proposed jury instructions in accordance with Local Rule 163 and their joint proposed verdict form on one another no later than April 14, 2017. The parties shall conduct a conference to address their proposed jury instructions and verdict form no later than March 28, 2017.
Failure to comply with this order may result in the imposition of sanctions.
IT IS SO ORDERED.