Case 6:17-cv-01217-EFM Document 229 Filed 09/14/22 Page 1 of 5
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF KANSAS
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`LOGANTREE LP,
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` Plaintiff,
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`GARMIN INTERNATIONAL, INC.,
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` Case No. 17-1217- EFM
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` Defendant.
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`TRIAL SCHEDULING ORDER
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`This matter will be called for trial at 9:00 a.m. October 24, 2022. The matter will
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`commence in Courtroom TBD in the Federal Courthouse in Kansas City, Kansas. The case is
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`allotted 5 days for trial.
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`Following are your trial deadlines. Please note these dates may differ from those on the
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`Pretrial Order issued by the Magistrate Judge.
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`a) Final witness and exhibit disclosures are to be filed by both parties no later than
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`October 3, 2022. All objections to these disclosures are to be filed no later than October 10,
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`2022. Copies of exhibits may be used during trial in lieu of originals. All exhibits shall be
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`marked no later than 5 business days before trial.
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`The parties shall exchange copies of exhibits at or before the time they are marked. The
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`parties shall also prepare lists of their expected exhibits, in the form attached to this order, for
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`use by the courtroom deputy and the court reporter. Three (3) copies of the exhibit list shall be
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`provided to the Court at the beginning of the trial; one for the judge, one for the courtroom
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`deputy, and one for the court reporter. In marking exhibits, the parties shall use preassigned
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`Case 6:17-cv-01217-EFM Document 229 Filed 09/14/22 Page 2 of 5
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`ranges of numbered exhibits. Exhibit Nos. 1-400 shall be reserved for plaintiff(s); Exhibit Nos.
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`401-800 shall be reserved for defendant(s); Exhibits 801 and higher shall be reserved for any
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`third party. Each exhibit that the parties expect to offer shall be marked with an exhibit sticker,
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`placed in a three-ring notebook, and tabbed with a numbered tab that corresponds to the exhibit
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`number. The parties shall prepare exhibit books with copies of the exhibits to be provided to the
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`Judge and opposing counsel. The Judge’s exhibit book(s) should not be delivered prior to the
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`start of the trial unless directed otherwise. During trial, all exhibits that have been admitted shall
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`remain with the courtroom deputy unless the court directs otherwise.
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`Parties are expected to use presentation technology available in the courtroom to display
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`evidence to the jury. Counsel shall provide, in electronic format, any exhibits of documents,
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`photographs, videos, and any other evidence that may be reduced to an electronic file no later
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`than October 18, 2022 for the use of Court personnel and the Court’s Jury Evidence Recording
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`System (JERS) during trial. Documents and photographs shall be in .pdf, .jpg, .bmp, .tif, or .gif
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`format; video and audio recordings shall be in .avi, .wmv, .mpg, .mp3, .wma, or .wav format.
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`Each electronic exhibit shall be saved as a separate, independent file and provided to the Court
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`on a storage device, such as a cd, dvd, or flash drive and should be delivered by the above date
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`to the attention of Yolanda Holman in the Kansas City, Kansas Federal Courthouse
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`Clerk’s Office. Exhibit files shall be named consistent with their order and name on the exhibit
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`list. Detailed JERS instructions can be found on the undersigned Judge’s web page.
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`At trial, witnesses who are within the subpoena power of the Court and who are officers,
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`agents, or employees of the parties need not be formally subpoenaed to testify, provided that
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`opposing counsel is given at least 3 business days advance notice of the desired date of trial
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`testimony. For purposes of this entire order, the calculation of “business days” does not include
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`Saturday, Sunday, or any legal holiday as defined by Fed. R. Civ. P. 6(a)(4).
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`-2-
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`Case 6:17-cv-01217-EFM Document 229 Filed 09/14/22 Page 3 of 5
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`By no later than 5:00 p.m. each day of trial, counsel shall confer and exchange a good
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`faith list of the witnesses who are expected to testify the next day of trial.
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`b) Motions in Limine are to be filed by both parties no later than October 10, 2022.
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`Responses to the Motions in Limine are to be filed by October 13, 2022. No replies will be filed.
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`c) Any deposition testimony sought to be offered by a party other than to impeach a
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`testifying witness shall be designated by page and line. Before filing any objections, the parties
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`shall have conferred in good faith to resolve the dispute among themselves. Deposition
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`testimony designations are to be filed by both parties no later than October 3, 2022. Any
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`objections to the designations and counter designations shall be filed no later than October 10,
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`2022. All objections to counter deposition designations are to be filed by October 12, 2022.
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`Copies of depositions transcripts for which the parties have not been able to resolve their
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`disputes after conferring in good faith shall be marked with different colored highlighting. Red
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`highlighting shall be used to identify the testimony that plaintiff(s) has designated, blue
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`highlighting shall be used for defendant(s), yellow highlighting shall be used for any third party,
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`and green highlighting shall be used to identify the objections to any designated testimony with
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`objections noted in the margin. An Index of the page numbers in the transcript the objection can
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`be found shall be included. They are to be hand delivered to the trial judge by October 17,
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`2022 at 9:00 a.m. in the Wichita, Kansas Federal Courthouse. Following the Court’s ruling
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`on the objections, the parties shall then file the portions of the depositions to be used at trial in
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`accordance with D. Kan. Rule 32.1. Deposition testimony of non-party witnesses should not be
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`designated unless they are not available for appearance, and will not appear, at trial.
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`d) Proposed Instructions and a proposed Verdict Form, which should be submitted as
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`one jointly agreed upon set if possible, but if not shall be separately submitted with brief
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`explanation and legal authority, shall be (in either case) filed by October 12, 2022, and
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`-3-
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`objections to any proposed instructions are to be filed by October 17, 2022. Parties should not
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`submit stock instructions. The parties are to email a copy of proposed instructions, in either
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`Word or WordPerfect format, to chambers email account for use in preparing the final
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`instructions. Because the Court will instruct on the law at the beginning of the trial an
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`instructions conference will be held at the same time as the pretrial/limine conference.
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`e) If either of the parties chooses to file a trial brief in advance of trial, the Court would
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`appreciate having it by October 17, 2022.
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`f) If either of the parties choose to submit proposed voir dire questions for the Court,
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`those should be filed by October 17, 2022. The Court will conduct the initial voir dire, but
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`thereafter will allow each party up to 30 minutes apiece for its own voir dire.
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`A pretrial/limine/jury instructions conference will be held at 10:00 a.m. on October 20,
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`2022. The location of this conference will be decided at a later date. At that time, the parties
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`should be prepared to argue their motions in limine if asked to do so by the Court and identify
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`any other anticipated evidentiary problems or other issues regarding witnesses or exhibits. All
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`trial counsel are to appear in person.
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`IT IS SO ORDERED.
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`Dated this 14th day of September, 2022.
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`ERIC F. MELGREN
`CHIEF UNITED STATES DISTRICT JUDGE
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`-4-
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`Case 6:17-cv-01217-EFM Document 229 Filed 09/14/22 Page 5 of 5
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`EXHIBITS FOR (plaintiff or defendant)
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`CASE NO. _____________-EFM
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`Exhibit
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`ID OFF ADM WITNESS
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`-5-
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`No.
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