United States District Court, D. North Dakota
The Hanover Insurance Company, as Subrogee of Estvold Oilfield Services, Inc. and Estvold Hot Oil Service, Inc., Plaintiff,
Ameribuilt Building, Inc., Defendant.
ORDER FOR FINAL PRETRIAL CONFERENCE
R. HOCHHALTER, MAGISTRATE JUDGE.
pretrial conference will be held before the magistrate judge
on January 19, 2021, at 10:00 a.m. The conference will be
conducted via telephone conference. To participate in the
conference, counsel shall call the following number and enter
the following access code:
No. (877) 810-9415 Access Code: 8992581
TO PRETRIAL CONFERENCE
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
"Wordperfect" or "Word" format:
(1) An exhibit list for each party;
(2) A witness list for each party; and
(3) Expert Reports.
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.
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 non-admissibility 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.
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
admissibility or waiver of foundation shall be indicated in
the appropriate column on the exhibit list.