IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

WALTON CONSTRUCTION

COMPANY, LLC,

Plaintiff,

v. CASE NO. 4:10cv137-WS

CORUS BANK, et al.,

Defendants.

ORDER FOR PRE-TRIAL CONFERENCE

AND SETTING TRIAL

All discovery having now been completed, the following pre-trial schedule and procedure

is established:

I. DATES FOR COMPLIANCE WITH PRE-TRIAL PROCEDURE

A. This case is set for a telephonic pre-trial conference before Senior Judge William

Stafford on Tuesday, February 19, 2013 at 9:00 a.m.

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

January 29, 2013.

C. The pre trial stipulation and other papers required by paragraphs III and IV shall

be filed with the Clerk of this Court on or before February 12, 2013.

D. This case will be tried during a trial period commencing with jury selection on

Monday, March 11, 2013 at 1:00 p.m. at the U.S. District Courthouse, 111 North Adams

Street, Tallahassee, Florida.

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II. ATTORNEYS TO CONFER

Counsel for all parties shall meet together on 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 pre-trial stipulation in accordance with Paragraph III of this order;

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

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

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 pre-trial 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 necessary meeting or meetings to

effect the pre-trial 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. PRE-TRIAL STIPULATION

The pre-trial stipulation shall contain:

A. The basis of federal jurisdiction;

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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.

E. 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;

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. Counsels’ respective estimates of the length of the trial; and

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 pre-trial stipulation prepared in accordance with Paragraph III of this order.

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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.

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 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, in the sequence proposed to be offered, all exhibits intended to be offered by

such party.

V. CONDUCT OF THE PRE-TRIAL CONFERENCE

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

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

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court will review all matters contained in the pre-trial 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.

Counsel will be prepared to discuss, and there will be discussed, the prospects of

settlement and mediation. 

VI. PRE-TRIAL ORDER

A. Unless such designation is made, counsel for all parties, with counsel for plaintiff

taking the initiative, shall submit a pre-trial order for the court’s approval within ten (10) days

after the pre-trial conference. The pre-trial order so prepared shall incorporate and modify the

pre-trial stipulation in light of any additional agreements reached and rulings made at the pretrial conference.

B. After the pre-trial order is entered by the court, the pleadings will be merged therein

and the pre-trial 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

If new evidence or witnesses are discovered after the pre-trial conference, the party

desiring to use the same shall immediately furnish complete details thereof, together with the

reason for the late discovery, to the court and to opposing counsel. Use of such evidence or

witnesses shall then be allowed only by order of the court in the furtherance of justice.

VIII. ADDITIONAL PRE-TRIAL CONFERENCES

If necessary or advisable, the court may adjourn the pre-trial conference from time to

time or may order additional pre-trial conferences.

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IX. SPECIAL MATTERS

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

be ground for cancellation or postponement of the pre-trial conference, or as a basis for 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 written response prior to a pre-trial conference will not be heard

or considered during that pre-trial 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 prior to the pre-trial conference, it is the responsibility of the

parties to see that the court is immediately advised.

C. Voir dire examination of jurors will be initially conducted by the court. At the

conclusion of the court’s examination, reasonable opportunity will be given counsel to inquire

of prospective jurors as a result of answers given or other matters occurring during the court’s

voir dire.

D. Should a party or a party’s attorney fail to appear at a pre-trial conference or

otherwise fail to comply with this order, ex parte hearing may be held and judgment of

dismissal or default or other appropriate judgment entered or sanctions imposed.

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

DONE AND ORDERED this 26th day of October, 2012.

s/ William Stafford 

WILLIAM STAFFORD 

Senior United States District Judge 

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