United States District Court, S.D. Georgia, Savannah Division
ATLANTIC WASTE SERVICES, INC.
MACK TRUCKS, INC.
ORDER AND NOTICE OF PRETRIAL PROCEEDINGS
ORDERED that lead counsel for the parties in the captioned
case are instructed to meet and confer, in person, and to
prepare and file with the Clerk of this Court a joint
consolidated proposed pretrial order. The proposed pretrial
order shall be filed by the close of business on Friday, July
21, 2017, Counsel for the plaintiff(s) shall have the
responsibility to initiate compliance herewith. The form of
the proposed pretrial order shall be in accord with the
attached instructions. A party's failure to comply with
the requirements hereof may result in dismissal of the
complaint or answer or in other sanctions determined
appropriate by the Court. The Court will not accept for
filing any proposed pretrial order prepared only from
telephone conversations. The proposed pretrial order shall
include a paragraph stating the date and location of the
meeting, the duration of the meeting, and the names of all
counsel or parties participating. If any party in this case
is not represented by counsel, such party shall be obligated
to comply with the requirements hereof in the same manner as
FURTHER ORDERED that this case will be scheduled by the Clerk
for a pretrial conference. At the time of the pretrial
conference, the Court will approve, disapprove, or direct
amendment of the proposed pretrial order. Lead counsel
for each party shall attend the pretrial conference.
evidentiary objections and motions in limine, and responses
thereto, which have not been resolved prior to the pretrial
conference shall be submitted in writing at least
Five(5) days prior to the scheduled pretrial
pretrial order which are not consolidated (proposed
jointly) will not be accepted for filing
without the written permission of the Court.
INSTRUCTIONS FOR CONSOLIDATED PRETRIAL ORDERS IN THE SOUTHERN
DISTRICT OF GEORGIA
DOCUMENT AND ASSOCIATED FORMS MAY BE FOUND WITHIN THE
COURT'S WEBSITE AT www.gas.uscourts.gov.]
proposed pretrial order shall cover the following subjects,
numbered serially as below: ("NOTE: IN PREPARING THE
PROPOSED PRETRIAL ORDER, REPRODUCE EACH NUMBERED ITEM AS A
PREFACE TO THE MATERIAL SUBMITTED SETTING FORTH THE MATERIAL
SUBMITTED IMMEDIATELY THEREAFTER. DO NOT USE APPENDICES OR
ATTACHMENTS EXCEPT WHERE SPECIFICALLY AUTHORIZED BY THE COURT
OR CALLED FOR HEREIN)
Counsel are to discuss and agree on every possible factual
stipulation. The stipulations must be reduced to writing,
signed and filed with the consolidated proposed pretrial
order as ATTACHMENT "A" hereto. Stipulations can
spare witness testimony, trial time, and expense. If a party
feels the other side is in bad faith refusing to stipulate,
they shall set forth "proposed stipulations" on
ATTACHMENT "A." Costs of proving what, at trial,
was never really disputed and what should have been
stipulated, may be taxed against the offending party and
attorney. Those costs may include witness fees and additional
attorney preparation time costs.
ATTACHMENT "B" to the proposed pretrial order, the
parties may, but are not required to, submit questions which
they desire the Court to propound to jurors concerning their
legal qualifications to serve and any other questions they
wish propounded for information purposes. If the parties
choose to submit general voir dire questions hereunder, they
may submit the questions jointly as one attachment or
separately as ATTACHMENTS "B-l" and
State the names of all parties, firms and attorneys to be
used in qualifying the jury. State the name of any insurance
company involved, and whether it is a stock or mutual
company. State the names of all counsel who are members of
any firm involved on a contingent fee basis. At the pretrial
conference, counsel may be required to disclose policy limits
and details of any insurance coverage.
Identify the basis upon which the jurisdiction of this Court
is based and any questions relating to its jurisdiction.
any motions or other matters in the case which remain
unresolved. Any motion not so enumerated shall be deemed
withdrawn by the moving party.
discovery is to be completed pursuant to the Local Rules. The
date of the conclusion of the discovery process and the
expected completion of any untranscribed deposition shall be
State whether the names of the parties in the above-captioned
case(s) are complete and correct and whether there is any
question of misjoinder or non-joinder.
Outline of plaintiff(s)' case.
PLAINTTFF(S) SHOULD PAY PARTICULAR ATTENTION TO THIS
PARAGRAPH. AT THE TRIAL, IT WILL BE USED BY THE COURT IN
DIRECTING THE CASE AND INSTRUCTING THE JURY.
shall furnish a short, succinct, factual
and narrative statement of the cause of action. This
statement should not be argumentative and should not recite