Patterson v. City of Charlotte

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:18-cv-00612-RJC-DSC
SYLIVIA SMITH-PHIFER, ET AL.,
Plaintiffs,
v.
CITY OF CHARLOTTE,
Defendant.
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Order
THIS MATTER comes before the Court following the pretrial conference the Court held
on October 13, 2022. As stated in open court, as a result of Plaintiffs’ recent voluminous witness
and exhibit lists, for purposes of the trial scheduled on November 7, 2022, the Court is mindful of
its responsibilities under Federal Rule of Evidence 611, to “exercise reasonable control over the
mode and order of examining witnesses and presenting evidence so as to: (1) make those
procedures effective for determining the truth; (2) avoid wasting time; and (3) protect witnesses
from harassment or undue embarrassment.” Fed. R. Evid. 611(a). The Court will exercise its role
under Federal Rule of Evidence 611 with these goals in mind. Similarly, the Court expects the
parties to professionally work together before the trial in an effort to present the facts and utilize
the jury’s time efficiently and effectively. To that end, the Court encourages the parties to stipulate
to as many facts and the authenticity of exhibits as possible. In addition, in order for the Court to
exercise its function under Federal Rules of Evidence 611 and 403, among others, and for the
reasons stated in open court, IT IS, THEREFORE, ORDERED that:
1. On or before October 20, 2022, Plaintiffs’ counsel must file a document proffering a
summary of each of the 149 witnesses’ testimony that Plaintiffs identified on their trial
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witness list (Doc. No. 252). If, on or before October 20, 2022, Plaintiffs amend their
witness list, Plaintiffs’ counsel must instead proffer a summary of each witness’s testimony
on Plaintiffs’ amended witness list. If Plaintiffs amend their witness list after October 20,
2022, Plaintiffs’ counsel must similarly proffer a summary of each of the newly identified
witnesses’ testimony at the time of filing any amended witness lists. As required by Federal
Rule of Civil Procedure 26(a)(3)(i), this document shall identify the witnesses Plaintiffs
“expect to present and those [Plaintiffs] may call if the need arises.”
2. The parties’ witness and exhibit list must comply with Federal Rule of Civil Procedure
26(a)(3)(i)-(iii), including identifying the witnesses and exhibits that each party expects to
call or offer and the witnesses and exhibits each party may call or offer if the need arises.
3. This case is set for a final pretrial conference on November 4, 2022, at 9:00 AM,
Courtroom 4A, at the United States District Court for the Western District of North
Carolina, 401 West Trade Street, Charlotte, NC 28202.
4. As represented to the Court at the October 13, 2022 hearing, the parties resolved the claims
filed by Plaintiff Marty Puckett. The parties shall file a stipulation of dismissal as to
Plaintiff Marty Puckett on or before October 27, 2022.
SO ORDERED.
Signed: October 13, 2022
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