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Abelmann v. SmartLease USA, LLC

United States District Court, D. North Dakota

April 4, 2018

Dan and Leanne Abelmann, Plaintiffs and Counterclaim Defendants,
v.
SmartLease USA, LLC, Defendants, Counterclaimants, and Third-Party Defendants,
v.
Executive Housing Solutions, LLC; Ray Wurth, Don Gibson, and Richard Church a/k/a Chad Church, d/b/a Executive Housing Solutions, LLC; Ray Wurth, Don Gibson, Richard Church a/k/a Chad Church, Third-Party Defendants.

          ORDER

          Charles S. Miller, Jr., Magistrate Judge United States District Court.

         The court held a status conference with the parties by telephone on April 2, 2018. Pursuant to the parties' discussions, the court ORDERS:

1. The final pretrial conference shall be scheduled for June 5, 2019, at 11:00 a.m. CDT before the magistrate judge by telephone. The court shall initiate the conference call.
2. A jury trial shall be scheduled for June 17, 2019, at 9:00 AM in Bismarck before the magistrate judge (courtroom #2). A five (5) day trial is anticipated.
3. The parties shall have until February 1, 2019, to file dispositive motions (summary judgment as to all or part of the case.)

         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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