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Association of Equipment Manufacturers v. Burgum

United States District Court, D. North Dakota

November 16, 2017

Association of Equipment Manufacturers, Agco Corporation, CNH Industrial America LLC, Deere & Company, and Kubota Tractor Corporation, Plaintiff,
v.
The Hon. Doug Burgum, Governor of the State of North Dakota, in his Official Capacity, and The Hon. Wayne Stenehjem, Attorney General of the State of North Dakota, in his Official Capacity, Defendants, and North Dakota Implement Dealers Association, Intervenor.

          ORDER FOR FINAL PRETRIAL CONFERENCE

          Charles S. Miller, Jr. United States Magistrate Judge

         IT IS ORDERED:

         A final pretrial conference will be held before the magistrate judge on April 30, 2019, at 2:00 p.m. by telephone. Participants to the conference should shall call the following telephone number and enter the following access code:

Tel. No.: (877) 848-7030
Access Code: 9768929

         PRIOR TO PRETRIAL CONFERENCE

         Prior to the date of the final pretrial conference, counsel shall confer in person or by telephone for the purpose of examining and marking exhibits as detailed below. Two (2) days prior to the Final Pretrial Conference, counsel shall e-mail the following documents to nddJ-Miller@ndd.uscourts.gov in "Wordperfect" or "Word" format:

(1) An exhibit list for each party;
(2) A witness list for each party; and
(3) Expert Reports.

         Exhibits:

         Counsel are directed to complete the physical marking and numbering of all papers and objects that are expected to be introduced as exhibits. The exhibits are to be marked with an exhibit sticker. The parties must number the exhibits consecutively, with each party using separate numbers with sufficient gaps for unanticipated or rebuttal exhibits (e.g., the plaintiff using numbers P1-P20 and the defendant using numbers D50-D70). The exhibits shall be listed in the form of the Exhibit List posted on the court's website (http://www.ndd.uscourts.gov/forms/). Counsel will retain the exhibits in their possession but shall submit the list with the Final Pretrial Statement as a separate document. Counsel must disclose and list all exhibits relating to an issue on which their client has the burden of proof or the burden of going forward with the evidence. Each listed exhibit shall be designated as "will offer" or "may offer." Documents to be used solely for rebuttal purposes need not be numbered or listed until identified at trial.

         Failure to list an exhibit required by this order to be listed or to disclose such exhibit to adverse counsel will result, except upon a showing of good cause, in the nonadmissibility of the exhibit into evidence at the trial. Each party shall make its exhibits available for inspection by other parties prior to the pretrial conference.

         For each listed exhibit, counsel shall determine whether they will stipulate to admissibility for all purposes or at least waive foundation for the opposing party's exhibits. The court strongly encourages such agreement and expects counsel to waive foundation unless there is a strong, specific objection to a particular exhibit. Any stipulation to ...


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