Free Pretrial Order - District Court of Federal Claims - federal

Case 1:06-cv-00146-TCW

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Filed 07/27/2007

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In the United States Court of Federal Claims
No. 06-146C (Filed: July 27, 2007) ***************************************** * * TETRA TECH EC, INC., * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant. * * ***************************************** * PRETRIAL ORDER On July 26, 2007, the Court held a telephonic pretrial conference with counsel for the parties to address the status of discovery and to establish a schedule for trial and certain pretrial procedures. As mutually agreed by counsel, the Court hereby adopts the following schedule and pretrial procedures: 1. Trial shall begin on Monday, January 14, 2008, at 9:30 AM at the National Courts Building at 717 Madison Place, N.W. in Washington, D.C. The Court will allot five days, through January 18, 2008, for trial. The trial will encompass all issues of entitlement and damages pending in this action. On or before December 10, 2007, counsel for the parties shall file with the Court and exchange with each other the following information: a. Stipulations of all uncontested material facts, in the format of numbered paragraphs, signed by counsel of record for both parties. The parties shall engage in good-faith efforts to agree upon stipulations of fact before submission to the Court.

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Case 1:06-cv-00146-TCW

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b. A separate statement by each party of the contested factual issues to be addressed at trial, and as to each issue, the contentions of fact that the party expects to prove at trial. c. Identification of the contract clauses and applicable regulations, if any, that each party contends are relevant to the Court's determination. d. A statement of the proposed conclusions of law that each party believes will be established, along with the citation to the lead case(s) that each party relies upon. e. A list of exhibits that each party expects to offer into evidence at trial. The parties shall provide to the opposing party (not to the Court) a complete copy of each exhibit appearing on the exhibit list. Except for cross-examination or rebuttal exhibits, any exhibit not included on the list filed with the Court will not be admitted at trial. Exhibits shall be arranged in chronological order, with the earliest dated exhibit first, except that groups of similar documents may be treated separately. Counsel shall coordinate in advance to avoid duplication of exhibits. f. A list of the persons counsel expects to call as witnesses at trial, including each person's full name and address. Counsel shall indicate for each witness whether the witness is certain to testify at trial, or whether the witness "may" testify at trial. The list should also include a brief description of the subject matter of the person's testimony and the expected length of the direct examination. Except for rebuttal witnesses, any person not included on the witness list will not be permitted to testify at trial. 3. On or before January 4, 2008, counsel for the parties shall file with the Court and exchange with each other objections, if any, to the exhibits received from opposing counsel, indicating the nature of the objection lodged, and the applicable Rule of the Federal Rules of Evidence relied upon for each objection. All exhibits to which no objection is lodged shall be admitted into evidence at the beginning of the trial. All other exhibits may be offered into evidence individually as the trial progresses. Each party should furnish to the Court at the beginning of trial a copy of the exhibits to which there is no objection, and which shall be admitted into evidence at that time. Each party also should have sufficient copies of exhibits

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Case 1:06-cv-00146-TCW

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Filed 07/27/2007

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at trial to provide a complete set to the Court reporter for use during trial, and for use by witnesses while testifying. 5. The parties shall adhere to Rule 615 of the Federal Rules of Evidence, requiring the exclusion of all fact witnesses from the courtroom during trial, save for one designated officer or representative of each party, who shall remain the same throughout the trial. Expert witnesses from each side may remain in the courtroom during the proceedings. Once counsel tenders a witness to opposing counsel for cross-examination, the presenting counsel may not hold substantive discussions with the witness until cross-examination is concluded. Counsel shall not share trial transcripts with upcoming witnesses, or discuss with them the substance of any trial proceedings that have occurred. Any party desiring to file a pretrial motion, including a motion in limine or a motion for partial summary judgment, shall do so sufficiently in advance of trial so that the motion may be fully briefed and considered by the Court. The existence of any pending motion will not under any circumstances serve to delay the start of trial. At the conclusion of the trial, counsel will coordinate with the Court to agree upon a final list of admitted exhibits. The Court will hold a Final Pretrial Conference by telephone on January 8, 2008 at 2:00 PM. Counsel of record are expected to participate. IT IS SO ORDERED. s/ Thomas C. Wheeler THOMAS C. WHEELER Judge

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