Pretrial Order

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO _______________________, Plaintiff, vs. No. CIV________________________, Defendant. PRETRIAL ORDER This matter is before the Court pursuant to Fed.R.Civ.P. 16. The parties co nferred and submit thefollowing Pretrial Order. I. APPEARANCES Attorneys who will try the action: For Plaintiff(s) __________________________________________ __________________________________________ __________________________________________ For Defendant(s) __________________________________________ __________________________________________ __________________________________________ For other parties __________________________________________<<<<<<<<<********>>>>>>>>>>>>> 2 __________________________________________ II. JURISDICTION AND RELIEF SOUGHT A. Subject Matter Jurisdiction. 1. Was this action removed or transferred from another forum? ____Yes ____ No. If yes, was the action removed or transferred? _____ Removed _____ Transferred _________________Original forum 2. Is subject matter jurisdiction of this Court contested? _____ Uncontested _____ Contested _________________Party contesting 3. Asserted basis for jurisdiction. _____ Federal Question _____ Diversity _____ Other Statutory Provision(s) Invoked: __________________________________B. Personal Jurisdiction and Venue. 1. Is personal jurisdiction contested? _____ Uncontested_____ Contested Identify the party contesting personal jurisdiction and basis for objection: __________________________________________________________________ 2. Is venue contested? _____ Uncontested_____ Contested _________________Party contestingC. Are the proper parties before the Court? _____ Uncontested_____ Contested 2 <<<<<<<<<********>>>>>>>>>>>>> 3If contested, identify each missing party or improper party and the basis for the contention: ________________________________________________________________________ 3<<<<<<<<<********>>>>>>>>>>>>> 4D. Identify the affirmative relief sought in this action. 1. Plaintiff seeks: 2. Defendant seeks: 3. Other party seeks: III. BRIEF DESCRIPTION OF NATURE OF CLAIMS/DEFENSES.A. Plaintiffs claims: B. Defendants defenses: (A defendant claiming entitlement to qualified immunity must set forthwith specificity the basis of the defense.) C. Claims or defenses of other party(s): (Where counterclaims or cross-claims exist, also give brief description .) IV. FACTUAL CONTENTIONS UNDERLYING CLAIMS/DEFENSESA. Stipulated Factual Contentions. The parties agree to the following facts listed separately below:B. Contested Material Facts. 1. Plaintiffs Contentions: 2. Defendants Contentions: 3. Contentions of Other Party(s): V. APPLICABLE LAW 4<<<<<<<<<********>>>>>>>>>>>>> 5A. Do the parties agree which law controls the action? _____ Yes _____ No If yes, identify the applicable law. ________________________________________If no, identify the dispute and set forth each partys position regarding the applicable law. 1. Plaintiff 2. Defendant 3. Other party VI. CONTESTED ISSUES OF LAWIdentify the specific issues of law which are contested. 1. Plaintiff 2. Defendant 3. Other Party VII. MOTIONSA. Pending Motions (indicate the date filed): 1. Plaintiff 2. Defendant 3. Other party B. Motions which may be filed: 1. Plaintiff 2. Defendant 3. Other party 5<<<<<<<<<********>>>>>>>>>>>>> 6 The briefing package must be complete and filed with the Court by ______________. VIII. DISCOVERY A. Has discovery been completed?_____ Yes _____ NoIf no, discovery terminates on _______________________________.B. Are there any discovery matters of which the Court should be aware? IX. ANTICIPATED WITNESSES Each party is under a continuing duty to supplement this list and the description ofanticipated testimony. This does not, however, apply to a rebuttal witness. Indicate if the witnesswill testify in person or by deposition and include a brief description of the anticipated testimony.If the testimony is by deposition, identify the deposition by page number and line number. A witnesswho has not been identified and whose testimony has not been disclosed may not testify at trialunless good cause is shown. A. Plaintiffs Witnesses: 1. Plaintiff will call or have available at trial the following witnesses: 2. Plaintiff may call the following witnesses: B. Defendants Witnesses: 1. Defendant will call or have available at trial the following witnesses: 2. Defendant may call the following witnesses: X. TRIAL PREPARATION A. Exhibits. The parties must confer over all trial exhibits. This does not apply to rebuttal exhibits that cannot 6 <<<<<<<<<********>>>>>>>>>>>>> 7be anticipated before trial. The parties must file an original plus three (3) copies of the parties "consolidated exhibit list identifying all exhibits that the parties have stipulated are admissible" and a"consolidated exhibit list identifying all exhibits the parties have stipulated to be authentic, but to which thereare other objections" no later than ______ calendar days before trial. For those exhibits on which a stipulation could not be reached, the offering party must file aseparate "contested exhibit list" no later than ______ calendar days before trial. An original plus three (3)copies of each partys contested exhibit list must be filed on the date identified in the preceding paragraph.In addition, two courtesy copies of the contested and uncontested exhibit list must be delivered to thejudges chambers. All exhibits must be marked before trial. Exhibits must be marked numerically and identify the partyoffering the exhibit. The identification number or letter will remain the same whether the exhibit is admittedor not. B. Witness Lists. An original and three (3) copies of a partys witness list must be filed with the Clerk and served onall parties by _________________________. Indicate whether the witness is testifying by deposition orin person. Objections to use of deposition testimony are due within fourteen (14) calendar days of serviceof the witness list. The objecting party must highlight those portions of the requested deposition testimonyto which the party objects. Plaintiff must use a yellow highlighter and defendant must use a blue highlighter.The parties must confer about any disputes and, if unable to resolve any differences, must notify the Courtin writing at least ______ calendar days before trial. C. Voir Dire. 7<<<<<<<<<********>>>>>>>>>>>>> 8 1. If allowed, do the parties wish to participate in voir dire? Plaintiff _____ Yes ___