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Digiacomo v. Kennebec County

United States District Court, D. Maine

July 25, 2019

DIEDRE DIGIACOMO, Plaintiff,
v.
KENNEBEC COUNTY, et al., Defendants.

          REPORT OF CONFERENCE & TRIAL MANAGEMENT ORDER

          George Z. Singal United States District Judge.

         On July 17, 2019, the Court held a conference of counsel in preparation for an upcoming jury trial in this matter to be held in Bangor. Following that conference, counsel conferred and filed a joint statement allocating trial time (ECF No. 55). Based on the issues discussed at the conference and the Court's review of the post-conference filings to date, the Court now issues this Order to aid counsel in their final preparations for trial:

         1. Schedule & Allotment of Time

         Jury selection will proceed on August 6, 2019 at 8:30 AM. The Court anticipates holding a brief conference of counsel before jury selection to discuss the Court's additional voir dire questions based on the parties proposed supplemental voir dire. The precise timing of that conference will be set once the Clerk's Office has finalized the cases that remain for jury selection. Counsel shall be prepared for the possibility that this conference may be scheduled for as early as 8:15 AM.

         Trial will commence on Thursday, August 15, 2019, at 8:30 AM. In an effort to complete the presentation of evidence within 5 days, the trial day will be 8:30 AM to 3 PM with two fifteen-minute breaks at approximately 10:30 AM and 12:45 PM.

         Each side will have 30 minutes to give an opening statement. The Court will provide a five-minute warning and a one-minute warning.

         Pursuant to the parties' agreement, Plaintiff shall conclude the presentation of her case-in-chief by noon on Monday, August 19, 2019. Defendants shall be prepared to begin their presentation as soon as Plaintiff rests and shall conclude the presentation of their case-in-chief no later than 3 PM on Wednesday, August 21, 2019. The Court expects that the case will be sent to the jury for deliberation no later than noon on Thursday, August 22, 2019.

         As discussed at the conference, the Court expects counsel to stick to this schedule by ensuring they have ample witnesses present to fill the allotted trial day. By August 14th, Plaintiff's counsel shall provide Defendants' counsel the names of the witnesses she intends to call on the first day of trial. Thereafter, by the end of each trial day, counsel shall inform opposing counsel of the witnesses that will be called the following day.

         2. Case Caption

         The Court notes that in recent filings both sides have continued to list individual Defendants who have been terminated in the case. To avoid any juror confusion, counsel shall amend their caption in further filings to reflect that Kennebec County is the remaining Defendant in this matter.[1] If counsel disagrees and believes that more than one defendant remains for trial, they shall file an objection with supporting memorandum no later than August 1, 2019.

         3. Consolidated Exhibit List

         The deadline for filing the Consolidated Exhibit List remains August 9, 2019. Counsel are reminded that the existence of an anticipated objection to a particular exhibit must be listed on the Consolidated Exhibit List. Failure to note a valid basis for objection on the exhibit list may be deemed a waiver of the objection and result in admission of the exhibit.

         Counsel shall also ensure that the Consolidated Exhibit List references any pretrial rulings made on motions in limine.

         Counsel shall request a conference outside the hearing of the jury before attempting to use any exhibit not listed on ...


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