ROBERT E. BLACKBURN, District Judge.
This matter is before me on
The parties agree that the reference must be withdrawn to the extent this case involves claims on which any party is entitled to a trial by jury. Ms. Hasan contends the reference to the bankruptcy court should be withdrawn for all purposes, including pretrial proceedings. The Chapter 7 Trustee contends the reference should not be withdrawn immediately. Rather, the trustee contends the bankruptcy court should handle pretrial proceedings. Previously, the Chapter 7 Trustee filed a motion to withdraw the reference in this case. The motion of the Chapter 7 Trustee was docketed in this court under Civil Action No. 15-cv-00455-REB-MEH and was granted.
As noted in my order in 15-cv-00455-REB-MEH, under 28 U.S.C. § 157(d), a district court may withdraw its reference of a case to the bankruptcy court for cause shown. This case concerns claims asserted by the Chapter 7 Trustee against defendants as to which both the Trustee and Ms. Hasan have demanded trial to a jury. The bankruptcy court may conduct a jury trial only when certain specific prerequisites have been satisfied. 28 U.S.C. § 157(e). Those prerequisites are not satisfied in this case.
However, in withdrawing the reference I am not precluded from referring pretrial matters to the bankruptcy court.
1. That
2. That as to this case, the automatic referral entered under D.C.COLO.LCivR 84.1(d) is withdrawn, consistent with my previous order in 15-cv-00455-REB-MEH; and
3. That trial shall of this matter shall proceed on the schedule stated in the
Pursuant to Fed. R. Civ. P. 16(e), D.C.COLO.LCivR 16.3, and D.C.COLO.LCivR 43.1, the court enters this
1. That trial by jury shall commence
2. That the court reserves fifteen (15) days for trial:
3. That counsel and any pro se party shall appear in courtroom A1001 on the first day of trial at 8:00 a.m., to review and discuss with the courtroom deputy clerk and the court, if necessary, any final details, arrangements, or requirements concerning the trial;
4. That a combined Final Pretrial Conference and Trial Preparation Conference (conference) shall commence on
5. That lead counsel and any pro se party shall attend the conference;
6. That for use and consideration during the conference, the parties shall prepare and submit a proposed Final Pretrial Order in the time, manner, and form prescribed by D.C.COLO.LCivR 16.3 and the "Instructions Final Pretrial Order" in the
7. That at the outset of the conference, the parties shall submit one Parties' Joint Exhibit List on the form required by the court (an original for the court with copies for the courtroom deputy clerk, the court reporter, and all other parties) and in addition to the information required to be submitted under section "
8. That pursuant to REB Civ. Practice Standard III.A.4.b., immediately before commencement of trial, the parties shall submit to the courtroom deputy clerk the exhibits identified in their joint exhibit list (a set of original exhibits for use by the witnesses and copies for the court, the courtroom deputy clerk, opposing counsel (one set per party), and any pro se party);
9. That at the conference the parties shall be prepared to review and discuss, inter alia, the following:
a. the proposed Final Pretrial Order;
b. stipulated and proposed jury instructions and verdict forms;
c. voir dire questions;
d. the jury selection process and the use of juror questionnaires;
e. identification of all persons permitted to be seated at each party's table;
f. the pronunciation of problematic party's and witness' names;
g. the names or monikers that may be used when referring to a party or a witness;
h. identification of "will call" and "may call" witnesses;
i. use of deposition testimony:
j. use of video depositions:
1. resolution of objections;
2. pretrial redaction, if necessary; and
3. arrangements for necessary equipment to broadcast the deposition;
k. issues concerning witnesses and exhibits;
l. the allocation of trial time between the parties;
m. the admission of stipulated exhibits or exhibits about which there are no objections;
o. anticipated evidentiary issues;
p. the necessity for cautionary or limiting instructions;
q. requests or requirement for trial briefs;
r. exemptions from the order of sequestration of witnesses;
s. security precautions, requirements, or issues;
t. training on the use of courtroom technology; and
u. transporting and bringing equipment, models, props, or other property into the courthouse and courtroom for use during trial;
v. courtroom etiquette and protocol;
10. That unless ordered otherwise, each side shall be permitted voir dire examination not to exceed 15 minutes following voir dire examination by the court, but shall not reiterate questions previously propounded by the court or another party;
11. That unless ordered otherwise, the jurors shall not be sequestered before deliberations;
12. That trial witnesses subject to sequestration under Fed. R. Evid. 615 shall be sequestered by order entered sua sponte immediately before opening statements;
13. That unless ordered otherwise, opening statements shall be limited to
14. That the court will not engage in the examination of any witness, except to eschew plain error;
15. That objections made in the presence or hearing of the jury, i.e., so-called "speaking" objections, shall be stated as succinctly as practicable and supported by recitation of apposite authority when possible; however, neither counsel nor a pro se party shall speechify an objection in the presence or hearing of the jury [Review Fed. R. Evid. 103(d) and 104(c)];
16. That unless interrupted by the court, in marshaling motions or objections during trial, the following sequential protocol shall be observed: objection, response, reply, ruling;
17. That to eliminate or minimize bench or sidebar conferences, each party shall be responsible to inform the courtroom deputy clerk at the conclusion of a trial day about any issue which should be considered before commencing trial on the next scheduled day of trial and at the outset of a trial day about any issue which should be considered at the conclusion of that trial day;
18. That to facilitate preparation, marshaling, and consideration of proposed jury instructions and verdict forms consistent with REB Civ. Practice Standard V.C.4., the plaintiff shall identify and enumerate each individual jury instruction in the heading or title as INSTRUCTION NO. P-1, P-2, P-3, etc., and the defendant shall identify and enumerate each individual jury instruction in the heading or title as INSTRUCTION NO. D-1, D-2, D-3, etc. [Note: for multiple defendants, each defendant shall identify and enumerate each individual jury instruction in the heading or title as INSTRUCTION NO.[insert defendant's name or abbreviated name]-1,[insert defendant's name or abbreviated name]-2,[insert defendant's name or abbreviated name]-3, etc.]; provided, furthermore, the parties shall similarly identify and enumerate all proposed verdict forms and special interrogatories;
19. That unless ordered otherwise, closing argument shall be limited to forty-five
20. That not later than five (5) business days before commencement of trial, counsel and any pro se party shall file and provide the court, the court reporter, the courtroom deputy clerk, opposing counsel, and any pro se party with a glossary of any difficult, unusual, scientific, technical, and/or medical jargon, words, names, terms and/or phrases; and
21. That for additional information about courtroom protocol, courtroom technology and training, trial preparation, transportation of items into the courthouse and courtroom, or submission of trial exhibits, the courtroom deputy clerk,