Case 1:14-cv-10321-MBB Document 88 Filed 10/14/16 Page 1 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
HMC ASSETS, LLC SOLELY IN ITS
CAPACITY AS SEPARATE TRUSTEE OF
CAM MORTGAGE TRUST 2013-1,
Plaintiff,
v. CIVIL ACTION NO.
14-10321-MBB
MARION R. CONLEY,
Defendant.
ORDER FOR PRETRIAL MEMORANDUM
October 14, 2016
BOWLER, U.S.M.J.
The above-entitled action will be called for a Final
Pretrial Conference on January 4, 2017 at 2:30 P.M. in Courtroom
25, 7th Floor, John Joseph Moakley Courthouse, One Courthouse
Way, Boston, Massachusetts. Trial is scheduled for January 23,
2017 at 9:00 A.M.
On or before the close of business on December 28, 2016,
the parties shall file, either jointly or separately, a
pretrial memorandum. The pretrial memorandum shall set forth:
1. A concise summary of evidence that will be offered by
(a) Plaintiff, and (b) Defendant, with respect to both liability
and damages (including special damages, if any);
2. The facts established by pleadings or by stipulations
or admissions of counsel;
Case 1:14-cv-10321-MBB Document 88 Filed 10/14/16 Page 2 of 4
3. Contested issues of fact;
4. Any jurisdictional questions;
5. Any questions raised by pending motions;
6. Issues of law including evidentiary questions,
together with supporting authority;
7. Any requested amendments to the pleadings;
8. Any additional matters to aid in the disposition of
the action;
9. The probable length of the trial;
10. The names and addresses of witnesses who shall testify
at the trial, and the purpose of the testimony of each witness,
i.e., whether factual, medical, expert, etc. Unless the
qualifications of any medical or other expert witness are
admitted, a brief statement of the qualifications of such
witness shall be included;
11. The proposed exhibits;
12. Proposed juror questions to be addressed to the
venire;
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13. Joint proposed jury instructions. The parties shall
confer and reach an agreement on each proposed jury instruction.
In the event the parties cannot agree upon one or more of the
proposed instructions, they may submit alternative proposed
instructions which shall contain citations to legal authority to
support the particular language employed. Proposed instructions
are not required on preliminary matters such as burden of proof
and credibility. A party may submit proposed instructions
during the trial only if the evidence develops otherwise than as
reasonably anticipated. In the event a party wishes to submit
additional proposed instructions during trial on matters that
could have been reasonably anticipated, the party should seek
and obtain leave of court before submitting any such
instructions.
14. A party shall include a statement in the pretrial
memorandum whether he or she will require daily copy of the
trial transcript.
15. A party who intends to object to the qualifications of
an expert witness, or to the introduction of any proposed
exhibit, shall give written notice of the grounds of objection,
together with supporting authority to all other parties, on or
before December 28, 2016, a copy of said notice to be filed with
the Clerk.
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Failure to comply with any of the directions set forth
above may result in judgment or dismissal or default or the
imposition of other sanctions deemed appropriate by the Court.
The parties shall notify the court immediately if this
case will not proceed to trial. The above pretrial memorandum
instructions should be disregarded if the parties elect to
proceed jury waived.
/s/ Marianne B. Bowler
MARIANNE B. BOWLER
United States Magistrate Judge
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