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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

BOBBI BOLTON,

Plaintiff,

v. CASE NO. 4:03cv307-RH

UNITED STATES, et al., 

Defendant,

________________________________/

ORDER FOR PRETRIAL CONFERENCE

The following pretrial schedule and procedure is established:

I. DATES FOR COMPLIANCE WITH PRETRIAL PROCEDURES

A. This case is set for pretrial conference at TALLAHASSEE, Florida on

August 13, 2004 at 2:00 P.M.

 B. The attorney’s conference required by paragraph II shall be held no later

than July 23, 2004
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C. The pretrial stipulation and other papers required by paragraphs III and IV

shall be filed with the Clerk of the Court on or before August 5, 2004.

D. This case will be tried in the two-week trial term that begins:

( U) On September 7, 2004 at 8:30 am.

TALLAHASSEE, FLORIDA

( ) On a date set at the pretrial conference.

II. ATTORNEYS TO CONFER

Counsel for all parties shall meet together on or before the date specified in

Paragraph I(B) for the following purposes:

A. To discuss the possibility of settlement or mediation;

B. To stipulate to as many facts and issues as possible;

C. To draw up the pretrial stipulation in accordance with Paragraph III of this

order;

D. To examine all exhibits proposed to be used in the trial;

E. To furnish opposing counsel the names and addresses of all witnesses,

including possible rebuttal witnesses and experts;

F. To discuss the question of damages, including matters of evidence and

proof which either party proposes to present at trial and the law in regard thereto; and

G. To complete all other matters which may expedite both the pretrial and the

trial of this case.

H. Counsel for plaintiff shall initiate arrangements for the attorneys’

conferences. However, all attorneys in this cause are charged with the duty of meeting in

such conferences and of complying with the schedule set forth in this order. If the

schedule is not kept by any counsel, it is the duty of other counsel to insist upon the
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necessary meeting or meetings to effect the pretrial stipulation, and failing to succeed, to

advise the court by motion seeking sanctions against any party failing or refusing to meet

as directed after request.

III. PRETRIAL STIPULATION

The pretrial stipulation shall contain;

A. The basis of federal jurisdiction;

B. A concise statement of the nature of the action;

C. A brief general statement of each party’s case;

D. A list of all exhibits to be offered at the trial,

noting any objections thereto and the grounds for each objection. Any objections not

listed will be deemed waived.

E. A list of names and address of all witnesses, including rebuttal and expert,

intended to be called at the trial by each party. Expert witnesses shall be labeled as such;

F. A concise statement of those facts which are admitted and will require no

proof at trial, together with any reservations directed to such admissions;

G. A concise statement of those issues of law upon which there is agreement;

H. A concise statement of those issues of fact which remain to be litigated;

I. A concise statement of those issues of law which remain for determination

by the court;

J. A concise statement of any disagreement as to the application of rules of

evidence or of the Federal Rules of Civil Procedure;

K. A list of all motions or other matters which require action by the court;

L. A statement whether this is now a jury or a non-jury case;

M. Counsel’s respective estimates of the length of the trial; and
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N. The signature of counsel for all parties.

IV. PAPERS TO BE SUBMITTED

No later than the date specified in Paragraph I(C), the parties shall file with the

Clerk of the Court:

A. The pretrial stipulation prepared in accordance with Paragraph III of this

order.

B. Each side shall submit to the Clerk of the Court for filing, with copy to

opposing counsel, a trial brief or memorandum with citation of authorities and arguments

in support of that side’s position on all disputed issues of law.

C. Counsel for each party in any jury trial shall submit to the Clerk of the

Court for filing, with copies to opposing counsel, written request for instructions to the

jury, together with proposed forms of verdict. Upon good cause shown, supplemental

requests for instructions may be submitted at any time prior to the arguments to the jury. 

All requests for instructions shall be plainly marked with the name and number of the

case, shall contain citations of supporting authorities, shall designate the party submitting

the same, and in the case of multiple requests by a party shall be numbered in sequence. 

Requests for instructions taken verbatim from the Pattern Jury Instructions - Civil Cases

issued by the U.S. Eleventh Circuit District Judges Association or from the Florida

Standard Jury Instructions in Civil Cases may be made by reference; the requested

instructions need not be set forth in full.

D. Counsel for each party in any non-jury case shall submit to the clerk of the

court for filing, with copies to opposing counsel, proposed written findings of fact and

conclusions of law, or, in lieu thereof, a proposed opinion or memorandum of decision in

which such proposed findings of fact and conclusions of law appear, with complete
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citation of authorities where appropriate (See Rule 52, FRCP).

E. Counsel for each party in any case shall arrange with the clerk for marking

for identification, as nearly as possible in the sequence proposed to be offered, all exhibits

intended to be offered by such party.

V. CONDUCT OF THE PRETRIAL CONFERENCE

A. Counsel who will conduct the trial are required to be present for the pretrial

conference. They will be prepared to act with final authority in the resolution of all

matters. Counsel will be prepared to discuss the prospects of settlement and mediation.

B. The court will ordinarily dispose of all motions and other matters then at

issue. The court will review all matters contained in the pretrial stipulation and consider

any other matters which may be presented with a view towards simplifying the issues and

bringing about a just, speedy and inexpensive determination of the case.

VI. PRETRIAL ORDER

A. Unless the court orders otherwise at the pretrial conference, counsel for all

parties, with counsel for plaintiff taking the initiative, shall submit a proposed pretrial

order for the court’s approval within ten (10) days after the pretrial conference. The

pretrial order so prepared shall incorporate and modify the pretrial stipulation in light of

any additional agreements reached and rulings made at the pretrial conference.

B. After the pretrial order is entered by the court, the pleadings will be merged

therein and the pretrial order will control the course of the trial and may not be amended

except by order of the court in the furtherance of justice.

VII. NEWLY DISCOVERED EVIDENCE OR WITNESSES

Except as provided in this paragraph, witnesses not timely listed in the pretrial

stipulation will not be allowed to testify, and exhibits not timely listed in the pretrial
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stipulation will not be admitted into evidence. If any new witness is discovered after

submission of the pretrial stipulation, the party desiring to call the witness shall

immediately file with the clerk and serve on all counsel notice of the witness’s name and

address and the substance of the witness’s proposed testimony, together with the reason

for the late discovery. If any new exhibit is discovered after submission of pretrial

stipulation, the party desiring to use it shall immediately disclose the exhibit to the court

and all other counsel together with the reason for late discovery. Use of such newlydiscovered witnesses or evidence shall be allowed only by order of the court in the

furtherance of justice.

VIII. ADDITIONAL PRETRIAL CONFERENCE

If necessary or advisable, the court may adjourn the pretrial conference from time

to time or may order additional pretrial conferences.

IX. SPECIAL MATTERS

A. No motion for summary judgment or other motion filed after the date of this

order will be grounds for cancellation or postponement of the pretrial conference or noncompliance with any other requirement of this order. The parties will be expected to

comply with this order as fully and to the same extent as though no such motion had been

filed. Absent prior court approval, a motion for summary judgment not served in time to

permit the party opposing the same to make its written response prior to the pretrial

conference will not be heard or considered during that pretrial conference. Parties will

submit memoranda regarding any such motion to the court in accordance with N.D. Fla.

Loc. R. 7.1.

B. If the case is settled, it is the responsibility of the parties to see that the

court is immediately advised.
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C. Should a party or a party’s attorney fail to appear at a pretrial conference or

otherwise fail to comply with this order, a judgment of dismissal or default or other

appropriate judgment may be entered, and sanctions or other appropriate relief may be

imposed.

D. Counsel, as used herein, includes any party who is appearing pro se.

SO ORDERED this 15th day of June, 2004.

s/Robert L. Hinkle 

United States District Judge