Trial Day In Court Out of Court
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1 Plaintiff v. Defendant TRIAL GAME PLAN TRIAL CALENDAR Trial Day Court Out of Court Monday (Day -2) 7 -- Finalize Preparation for Jury Voire Dire -- Review Witness Kit for Klein Review Witness Kit for Evening -- Review Opening Argument Tuesday (Day -1) 9:30: Pretrial Conference Finalize Opening Argument Witness Prep: Klein Jury Voire Dire Witness Prep. 2:30: Mtg. w/ Plaintiff to resolve objections to exhibits Evening -- Review witness kit for Panariello Wednesday (Day 1) Plaintiff Opening Argument Witness Prep: Klein (Con t) Defendant Opening Argument Witness Prep: Panariello Finalize Cross Examination for: Byank Carter Louden 7 Day -2 refers to the day two day before the start of trial. Chapter V: Are Attorneys Prepared for Trial? Page 5-45
2 Trial Day Court Out of Court Evening Digest Plaintiff Opening Argument -- Review Cross examination for : Byank Carter Louden Review Witness Kit for Pierce Review Witness Kit for Thursday (Day 2) Possible Plaintiff Witnesses: Byank Witness Prep: Pierce Carter Possible Plaintiff Witnesses: Carter Louden Witness Prep. Finalize Cross Examination for: Ketcham Decotau Curtis (Expert) Evening Digest Day 2 Testimony Review Cross examination for : -- Ketcham Decotau Curtis Review Witness Kit for Fagen Friday (Day 3) Possible Plaintiff Witnesses: Ketcham Decotau Witness Prep. Fagen (Expert) Prepare Motion for Directed Verdict Chapter V: Are Attorneys Prepared for Trial? Page 5-46
3 Trial Day Court Out of Court Possible Plaintiff Witnesses: Decotau Curtis (Expert damages) Finalize Direct Examination for: Klein Panariello Evening -- Saturday -- Digest Day 3 Testimony Finalize Motion for Directed Verdict Review Direct Examination for: Klein Panariello Sunday -- Monday (Day 4) Defendant Witnesses: Klein Finalize Direct Examination for: Pierce Fagen (Expert Damages) Defendant Witnesses: Panariello Revise Closing Argument reflect Plaintiff s Testimony Evening -- Digest Day 4 Testimony Finalize Direct Examination for: Pierce Fagen (Expert Damages) Chapter V: Are Attorneys Prepared for Trial? Page 5-47
4 Trial Day Court Out of Court Tuesday (Day 5) Defendant Witnesses: Pierce Pack and index unnecessary materials Defendant Witnesses: Fagen Finalize Closing Argument Evening -- Digest Day 5 Testimony Review Closing Argument Wednesday (Day 6 ) Defendant Closing Argument Pack and index unnecessary materials Plaintiff Closing Argument Evening -- Chapter V: Are Attorneys Prepared for Trial? Page 5-48
5 II. PROJECT STATUS SUMMARIES dex 1. Trial Responsibilities 2. Witness Kit and Examination Outlines 3. Witness Preparation 4. PreTrial Materials 5. Miscellaneous Projects Summary of Events and Work Done Prior to Pretrial Period a. Pleadings & Orders b. Discovery i. Written Discovery ii. Expert Reports iii. Depositions (Fact & Expert) c. Deposition Digests 1. Trial Responsibilities Expected Trial Day Opening Argument Day 1 RG Cross Examinations Byank Day 2 1. FG 2. IS Carter Day 2 1. JK 2. IS Louden Day 2 1. JK 2. IS Ketcham Day 3 1. FG Decotau Day 3 1. FG Curtis Day 3 1. RG Attorney Chapter V: Are Attorneys Prepared for Trial? Page 5-49
6 Direct Examinations Expected Trial Day Attorney Klein Day 4 1. FG Day 4 1. JK Panariello Day 4 1. RG Pierce Day 5 1. RG 2. IS Day 5 1. RG Fagen Day 5 1. JK Closing Argument Day 6 RG 2. Witness Kits and Examination Outlines Witness Kit Status Outline Status Opening Argument RG Cross Examinations Byank LM Done FG Carter IS Done JK Louden IS Done JK Ketcham LM Done FG Decotau IS Done FG Curtis LM Done RG Chapter V: Are Attorneys Prepared for Trial? Page 5-50
7 Direct Examinations Klein Panariello Pierce Fagen Closing Argument Witness Kit Status Outline Status LM Done FG LM Done JK LM Done RG IS Done RG LM Done RG LM JK RG 3. Witness Preparation Witness Expect to Testify Prep Time Atty Klein Day 4 Tuesday a.m.; Wednesday a.m 1. FG Day 4 Tuesday p.m. 1. JK Panariello Day 4 Wednesday p.m. 1. JK Pierce Day 5 Thursday a.m. 1. RG Day 5 Thursday p.m. 1. RG Fagen Day 5 Friday a.m. 1. JK 2. IS Chapter V: Are Attorneys Prepared for Trial? Page 5-51
8 4. Pretrial Materials Project Due/Target Date Responsible Attorney(s) Status Joint Pretrial Order Jun. 1 FG Progress Pretrial Memorandum Jun. 1 JK Progress Proposed Jury structions Jun. 1 JK Progress Proposed Voire Dire Jun. 1 JK Progress Proposed Verdict Form Jun. 1 JK Progress Exhibit List Jun. 1 LB Progress Deposition designations Jun. 1 Byank LM Done Carter Curtis LM Progress Decotau IS Done Grassi Jodha Ketcham LM Progress Louden IS Progress McCormak Walsh IS Done Deposition Counter - Designations Klein Walsh Panariello Redmond Totaro Rothenberg Pierce Garcia Austin Jun.3 IS IS IS LM Chapter V: Are Attorneys Prepared for Trial? Page 5-52
9 Project Due/Target Responsible Date Attorney(s) Fagen Motion in Limine Jun. 1 LB Status Name denotes trial witness Name denotes testifying expert witness 5. Miscellaneous Projects Project Due/Target Date Responsible Attorney(s) Status Bench Mem.: Objections to testimony Bench Mem.: Expert Testimony Standards under Daubert Motion for Directed Verdict Chapter V: Are Attorneys Prepared for Trial? Page 5-53
10 Summary of Events and Work Done Prior to Pretrial Period a. Pleadings & Orders Jun. 15 Jul. 15 Aug. 20 Sep. 20 Oct. 16 Nov. 10 Jan. 4 Feb. 4 Mar. 1 Complaint served Motion to Dismiss Served Order: Motion to Dismiss Granted in Part, Denied in Part (claims for conversion and unfair competition dismissed) Answer served First PreTrial Conference Motion for Partial Summary Judgment Served Order: Motion for partial Summary Judgment Granted (claim for tortuous interference with contract dismissed) Motion to Compel (Grassi, Carter and Loures depositions) Served Order: Motion to Compel granted as to Grassi and Carter, denied as to Loures b. Discovery i. Written Discovery Project Response Served Plaintiff s Requests First Set of terrogatories Apr. 17 JK Second Set of terrogatories May 30 LB Third Set of terrogatories Sep. 15 LB First Set of Document Requests Apr. 17 JK Second Set of Document Requests May 30 LB Third Set of Document Requests Aug. 15 LB Fourth Set of Document Requests Oct. 1 LB First Request for Admissions Nov. 12 FG Defendants Requests First Set of terrogatories Apr Responsible Attorney(s) Chapter V: Are Attorneys Prepared for Trial? Page 5-54
11 Project Response Responsible Served Attorney(s) Second Set of terrogatories Jun. 2 - Third Set of terrogatories Sep. 1 - First Set of Document Requests Apr Second Set of Document Requests May 30 - Third Set of Document Requests Jun. 2 - Fourth Set of Document Requests Sep Fifth Set of Document Requests Sep First Request for Admissions Nov Privilege Log Plaintiff s Sep Plaintiff s Supplemental Oct Defendant s Sep. 30 HD ii. Expert Reports Plaintiff Expert Report Served Resp. Atty(s) A. Nov. 1 - J. Klein Nov. 1 - Defendant L. Stone Nov. 1 LP iii. Depositions (Fact & Expert) Witness Location Date Prepare/ Defend Plaintiff Witnesses Take Witness Kit Carter SF Mar JK IS Decotau NY April 1 -- FG IS Grassi SF April RG IS Ketcham NY April FG LM Chapter V: Are Attorneys Prepared for Trial? Page 5-55
12 Witness Location Date Prepare/ Witness Take Defend Kit McCormak NY April JK IS Byank LA April FG LM Louden NY Apr JK IS Oquendo NY May 2 -- JK LM Jodha NY May 2 -- RG IS Curtis Atlanta May RG LM Defendant s Witness Klein Denver Mar. 31 FG -- LM Chicago Apr. 14 JK -- LM Walsh London Apr. 15 FG -- IS Panariello NY April 17 RG -- LM Redmond NY April 20 JK -- IS Totaro Atlanta April 21 RG -- LM Rothenberg NY April 26 FG -- LM Pierce NY April 27 RG -- IS NY May 1 RG -- LM Garcia NY May 4 JK -- IS Austin Atlanta May 7 RG -- LM Fagen NY May 20 JK -- LM Name denotes trial witness Bold Name denotes testifying expert witness Chapter V: Are Attorneys Prepared for Trial? Page 5-56
13 c. Deposition Digests Witness Responsible Attorney Status Austin LM Done Byank LM Done Carter IS Done Curtis LM Progress Decotau IS Done Fagen LM Progress Garcia IS (Omitted) Grassi IS Done Jodha IS Done Ketcham LM Done Klein LM Done Louden IS Done McCormak LM Done LM Done Oquendo LM (Omitted) Panariello LM Done Pierce IS Done LM Done Redmond IS (Omitted) Rothenberg LM Done Totaro LM Done Walsh IS Done Chapter V: Are Attorneys Prepared for Trial? Page 5-57
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