Case 1:14-cv-13896-LTS Document 79 Filed 11/28/16 Page 1 of 5
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
____________________________________
)
JOSE BARBOSA, et al., )
)
Plaintiffs, )
)
v. ) Civil Action No. 14-13896-LTS
)
DIRECTV, INC., et al., )
)
Defendants. )
)
ORDER SETTING CASE FOR TRIAL
November 28, 2016
SOROKIN, J.
It is ORDERED that the trial of the above-entitled action will commence with jury
empanelment on Monday, May 1, 2017, at 9:00 A.M. in Courtroom 13 on the fifth floor.
Opening statements and presentation of evidence are to follow immediately thereafter and will
continue until 1:00 p.m. The trial will continue from day-to-day until completed.
1. Pursuant to Fed. R. Civ. P. 16 and Local Rule 16.5, it is further
ORDERED that counsel shall appear for a Final Pretrial Conference on Thursday, April 27,
2017, at 3:00 P.M. in Courtroom 13 on the fifth floor.
2. In preparation for the Final Pretrial Conference, it is ORDERED that the Parties
disclose to one another in accordance with Fed. R. Civ. P. 26(a)(3) and Local Rule 16.5(C), by
no later than the close of business on Friday, March 31, 2017:
a. All photographs, documents, instruments and other objects either party intends to
offer as exhibits at trial, other than solely for impeachment;
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b. The names, addresses and telephone numbers of witnesses each party intends to
call at trial, including expert witnesses;
c. The names of witnesses, if any, whose testimony is to be presented by means of
deposition and a transcript of the pertinent portions of the deposition testimony.
3. Following the disclosures made pursuant to the previous paragraph, the Parties
shall serve upon one another, by no later than the close of business on Monday, April 10, 2017,
a list describing any objections thereto and the grounds therefor. As per Local Rule 16.5(C),
these objections shall be one of the subjects of the pre-Final Pretrial Conference meeting (see ¶
4, infra) and if not resolved, shall be presented to the Court in the Parties’ trial briefs. Objections
not so disclosed, other than objections pursuant to Rules 402 and 403 under the Federal Rules of
Evidence, are waived according to Fed. R. Civ. P. 26(a)(3), unless excused by the Court for good
cause.
4. In further preparation for the Final Pretrial Conference, it is
ORDERED pursuant to Local Rule 16.5(D) that the parties meet personally on or before
Monday, April 17, 2017, to discuss and negotiate settlement of the action, to narrow the issues
to be tried, and to prepare a joint pretrial memorandum as described below.
5. The Parties shall prepare and file no later than Friday, April 22, 2017, a Joint
Pretrial Memorandum which sets forth the following issues pursuant to Local Rule 16.5(D):
a. A concise summary of the evidence which will be offered by the Plaintiff and the
Defendant with respect to both liability and damages (including special damages,
if any);
b. A statement of facts established by the pleadings, by admissions, or by
stipulations;
c. Any factual issues in dispute;
d. Any jurisdictional questions;
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e. Any question raised by pending motions;
f. Issues of law, including evidentiary questions, together with supporting authority;
g. Any requested amendments to the pleadings;
h. Any additional matters to aid in the disposition of the action;
i. The probable length of the trial;
j. The names of all witnesses to be called, the purpose of the testimony of each
witness (i.e. factual, expert, etc.), and whether the testimony of any such witness
is to be presented by deposition. Unless the qualifications of any expert witness
are stipulated, a statement of the qualifications shall be included;
k. Utilizing disclosures made pursuant to Sections 2 and 3, above, counsel shall
include in their memorandum a “List of Uncontested Exhibits” (photographs,
documents, instruments, and all other objects as to which there appear to be no
objections), in order of their anticipated introduction to the Court, identified and
marked by a single sequence of numbers regardless of which party is the
proponent;
l. Utilizing disclosures made pursuant to Sections 2 and 3, above, counsel shall
include in their memorandum a “List of Exhibits to be Offered at Trial” of
exhibits to which any party reserves the right to object, identified and marked by a
single sequence of capital letters regardless of which party is the proponent; and,
m. The parties’ respective positions on any remaining objections to the evidence
identified in the pretrial disclosures required by Fed. R. Civ. P. 26(a)(3) and Local
Rule 16.5(C), as well as any deposition testimony being offered.
6. Each party shall prepare and file no later than Friday, April 22, 2017, a Trial
Brief pursuant to Local Rule 16.5(F) which sets forth the following:
a. Motions in limine or other requests regarding foreseeable disputes concerning
evidentiary issues, including authority for the ruling requested.
b. In cases to be tried by a jury:
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i. A succinct and neutral statement summarizing the principal claims and
defenses of the parties to be read to the venire during empanelment;
ii. The names of all potential witnesses and the city in which the witnesses
reside;
iii. Any proposed questions for the voir dire examination of the jury;
iv. Requests for instructions to the jury, with citation to supporting authority;
and,
v. Any proposed interrogatories or special verdict form.
c. In nonjury cases, proposed findings of fact and requested rulings of law.
If any trial materials required by this Order have been previously filed with the
Court, please advise the Court in writing of the filing date.
7. Immediately upon receipt of this Order, any counsel who realizes that one or more
attorneys in the case have not been notified shall forthwith notify the additional attorney(s) in
writing as to the entry of this Order, and shall file a copy of the writing with the Clerk.
8. The judiciary’s privacy policy restricts the publication of certain personal data in
documents filed with the court. The policy requires limiting Social Security and financial
account numbers to the last four digits, using only initials for the names of minor children,
limiting dates of birth to the year, and limiting home addresses to city and state. If such
information is elicited during testimony or other court proceedings, it will become available to
the public when the official transcript is filed at the courthouse. The better practice is for you to
avoid introducing this information into the record in the first place. Please take this into
account when questioning witnesses or making other statements in court. If a restricted item is
mentioned in court, you have waived any right to have it stricken or redacted thereafter.
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9. Counsel are cautioned that failure to comply fully with this Order may result in
sanctions to be imposed by the Court. The timely filing of these trial documents is required.
/s/ Leo T. Sorokin
Leo T. Sorokin
United States District Judge
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