IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

 PENSACOLA DIVISION

IN IN RE SKANSKA USA

CIVIL SOUTHEAST INC. AND

SKANSKA USA, INC., AS

OWNERS OF THE BARGE KS ADMIRALTY RULE 9(H)

5531 PRAYING FOR

EXONERATION FROM OR Case No.: 3:20cv5980/LAC/HTC

LIMITATION OF LIABILITY 

___________________________________/

ORDER SETTING TRIAL AND PRETRIAL MATTERS

The Court having considered the progress of this case, the following trial

schedule and procedure is established:

I. DATES FOR COMPLIANCE WITH PRETRIAL PROCEDURE.

A. This case is set for pretrial conference in theCourtroom 4 South,

United States Courthouse, One North Palafox Street, Pensacola, Florida, on

THURSDAY, SEPTEMBER 2, 2021 @ 9:00 AM. 

A. The attorneys' conference required by section II shall be held no

later than August 20, 2021.

B. The pretrial stipulation and other papers required by sections III

and IV shall be filed with the Clerk of the Court on or before August 27, 2021.

C. This case will be tried in PENSACOLA by the Court ON

MONDAY, SEPTEMBER 13, 2021 @ 9:00 am.

Case 3:20-cv-05980-LC-HTC Document 1234 Filed 08/05/21 Page 1 of 6
II. ATTORNEYS TO CONFER.

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

paragraph I(A) for the following purposes:

A. To stipulate to as many facts and issues as possible:

B. To draw up a pretrial stipulation in accordance with section III

of this order;

C. To examine all exhibits and documents proposed to be used in

the trial;

D. To furnish opposing counsel the names and addresses of all

witnesses, including possible rebuttal witnesses and experts;

E. To complete all other matters which may expedite the trial.

F. Counsel for petitioner shall initiate arrangements for the

attorneys' conference. 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 necessary meeting or meetings to effect the

pretrial stipulation, and failing to succeed, to advise theCourt bymotion seeking

sanctions against any party failing or refusing to meet as directed after request.

CASE NO: 3:20cv5980/LAC/HTC Page 2 of 6

Case 3:20-cv-05980-LC-HTC Document 1234 Filed 08/05/21 Page 2 of 6
III. PRETRIAL STIPULATION.

The pretrial stipulation shall contain:

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

B. A brief general statement of each party's case;

C. A list of all exhibits to be offered at the trial, noting any

objections thereto and the grounds for each objection;

D. A list of names and addresses of ALL witnesses, including

rebuttal and expert, intended to be called at the trial by each party. Expert

witnesses shall be labeled as such;

E. A concise statement of those facts which are admitted and will

require no proof at trial, together with any reservations directed to such

admissions;

F. A concise statement of those issues of law on which there is

agreement;

G. A concise statement of those issues of fact which remain to be

litigated;

H. A concise statement of those issues of law which remain for a

determination by the court;

CASE NO: 3:20cv5980/LAC/HTC Page 3 of 6

Case 3:20-cv-05980-LC-HTC Document 1234 Filed 08/05/21 Page 3 of 6
I. A concise statement of any disagreement as to the application of

rules of evidence or the Federal Rules of Civil Procedure;

J. A list of all motions or other matters which require action by the

Court;

K. Counsel's respective estimates of the length of the trial; and

L. 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 an original and one copy of the following:

A. The pretrial stipulation prepared in accordance with section III

of this order.

B. A trial brief or memorandum with citation of authorities and

arguments in support of that side's position on all disputed issues of law, with

copy to opposing counsel.

C. Proposed written findings of fact and conclusions of law, or, in

lieu thereof, a proposed opinion or memorandum of decision in which proposed

findings of fact and conclusions of law appear, with complete citation of

authorities where appropriate (see Rule 52, FRCP), with copies to opposing

CASE NO: 3:20cv5980/LAC/HTC Page 4 of 6

Case 3:20-cv-05980-LC-HTC Document 1234 Filed 08/05/21 Page 4 of 6
counsel. Each disputed issue of fact or law identified in the pretrial stipulation

shall be addressed.

D. Counsel for each party in any case shall arrange with the Clerk

for marking for identification, 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.

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. SANCTIONS FOR NON-COMPLIANCE.

A. The requirements set out herein are intended to facilitate the

efficient disposition and trial of this case. Counsel are expected to fully

comply with this order, and if they should not, the Court will impose

CASE NO: 3:20cv5980/LAC/HTC Page 5 of 6

Case 3:20-cv-05980-LC-HTC Document 1234 Filed 08/05/21 Page 5 of 6
sanctions in accordance with Rule 16(f), Federal Rules of Civil Procedure.

Ordinarily, such sanctions will be in a monetary amount imposed against

counsel personally, but the sanctions may be, among others, those specified in

Rule 16(f) and Rule 37(b)(2), Federal Rules of Civil Procedure.

B. Counsel, as used herein, means and includes any party who is

appearing pro se.

ORDERED on this 5th day of August, 2021.

 s/L.A. Collier 

Lacey A. Collier

Senior United States District Judge

CASE NO: 3:20cv5980/LAC/HTC Page 6 of 6

Case 3:20-cv-05980-LC-HTC Document 1234 Filed 08/05/21 Page 6 of 6