IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Case No. 11-cv-01934-DME-BNB

JEFFREY A. BOARDMAN,

Plaintiff,

v.

DYLAN HAUCK, an individual, and

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a Wisconsin corporation,

Defendants.

ORDER SETTING TRIAL DATES AND DEADLINES

This matter is before the Court upon a review of the file. To ensure that all pre-trial 

phases of the case are complete before the commencement of the jury trial, 

IT IS HEREBY ORDERED:

This Order may not be modified by agreement of the parties. Upon timely application, 

however, either or both parties may seek modification as may be necessary to meet a bona fide

emergency, to avoid irreparable injury or harm, or as may otherwise be necessary to do 

substantial justice.

A. TRIAL AND TRIAL PREPARATION SETTINGS

This matter has been scheduled for a four-day jury trial on the docket of Judge David 

M. Ebel, to occur in the Byron G. Rogers U.S. District Courthouse, Courtroom C202, 2d Floor, 

1929 Stout Street, Denver, Colorado, to commence on August 13, 2012, at 8:30 a.m. The Final 

Trial Preparation Conference is set for a one hour hearing on August 8, 2012, at 11:00 a.m. The 

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parties are expected to be fully prepared for trial at that time. Lead counsel who will try the case 

shall attend. 

B. MOTIONS DEADLINES

The motions deadlines have passed.

C. TRIAL PREPARATION REQUIREMENTS

By 3:00 p.m. on August 3, 2012, the parties shall submit via email to 

Ebel_Chambers@ca10.uscourts.gov the following documents:

(1) a witness list, containing names, addresses, and estimated length of time for testimony;

(2) an exhibit list, with stipulations for authenticity except on those exhibits noted;

(3) a list of stipulated jury instructions plus any other disputed jury instruction tendered by 

either side;

(4) proposed voir dire questions to be asked by the court; and

(5) a certification that the parties have met in an effort to settle the litigation.

1. Conflicts in Scheduling. Continuances of the trial will be granted only in truly 

exceptional circumstances. 

2. Jury Instructions. Counsel should confer as to the required jury instructions prior to 

submission to avoid duplication. Jury instructions can be submitted pursuant to my memo 

regarding instructions found on the District of Colorado website. All proposed instructions shall 

be submitted via email to Ebel_Chambers@ca10.uscourts.gov.

3. Witness List. At the Final Trial Preparation Conference, the parties shall also submit 

an original and three copies of the final Witness List (form available at www.co.uscourts.gov) to 

the court and one copy to the other party, unless previously provided. Please be sure that first 

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and last names are spelled correctly (using capital letters only for proper names) and that any 

changes in names have been noted, as one copy will be available to the court reporter to avoid 

the necessity of asking for the spelling of the witness’ name.

4. Exhibit List. At conference, the parties shall also submit an original plus three copies 

of the final Exhibit List (form available at www.co.uscourts.gov) to the Court and one copy to 

the other party, unless previously provided.

If exhibits are to be presented by CD, they shall be labeled thereon. If they are to be 

presented in hard copy, labels should be affixed prior to trial. Exhibit Labels shall be used by 

both parties, and may be obtained from the Clerk’s Office in Room A105 of the Alfred A. Arraj 

Courthouse. The Plaintiff’s exhibits should be marked with the yellow labels and designated as 

P-1, P-2, P-3 . . . . The Defendant’s exhibits shall be marked with the blue labels and designated 

as D-1, D-2, D-3 . . . . The criminal action number shall also be placed on each of the exhibit 

stickers. All paper exhibits shall be bound, such as in three-ring notebooks or folders (pages 

should be easily moveable and in no event should the notebook be bigger than a 3-inch 

notebook), and the notebook or folder labeled with the following information: (i) caption, (ii) 

scheduled date and time, (iii) party’s name and designation and (iv) “original” or “copy,” and 

delivered to the courtroom deputy clerk on the first day of trial. Demonstrative exhibits, 

documents used to refresh memory, and written Stipulations of Fact shall also be marked as 

exhibits.

5. Terminology. At the Final Trial Preparation Conference, parties shall also submit an 

original and three copies of a glossary of any unusual or technical terminology. The glossary 

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should also include names of persons who will be mentioned during the course of trial but are 

not parties to the litigation. Capitalize proper names only.

6. Video and Special Equipment. If you intend to use electronic equipment, advise the 

courtroom deputy clerk no later than two weeks before trial.

7. Trial Briefs. Please advise the Court at the Final Trial Preparation Conference if you 

wish to file trial briefs, which may not be filed unless authorized by the Court. Briefs requested 

shall be filed on a date set by the Court. Unless otherwise specified, trial briefs shall be limited 

to 10 pages.

8. Issues to be addressed at the Final Trial Preparation Conference. The parties 

shall be prepared to address the following issues:

1) jury selection;

2) sequestration of witnesses;

3) presentation of exhibits to the jury;

4) timing of presentation of witnesses and evidence;

5) anticipated evidentiary issues (need for scheduling of hearings outside the presence 

of the jury);

6) any stipulations as to fact or law; and 

7) any other issue affecting the duration or course of the trial.

DATED: March 27th , 2012.

BY THE COURT:

s/ David M. Ebel

 

David M. Ebel

United States Circuit Judge

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