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Axion Power Battery Manufacturing, Inc. v. T&L Sales

May 14, 2009

AXION POWER BATTERY MANUFACTURING, INC., PLAINTIFF,
v.
T&L SALES, INC., BATTERYXPRESS, INC. AND WILLIAM STOUT, DEFENDANTS.



The opinion of the court was delivered by: Terrence F. McVerry United States District Court Judge

ORDER OF COURT

AND NOW, this 14th day of May, 2009, it is hereby ORDERED that pursuant to the consent of all counsel, the trial in this matter originally scheduled for July 13, 2009, has been continued to September 8, 2009.

It is also ORDERED that pursuant to Federal Rule of Civil Procedure 38(d), counsel for both parties shall each file a formal waiver of the right to a jury trial on or before May 27, 2009.

It is further ORDERED as follows:

A. Final Pretrial Order:

1. A non-jury trial is hereby scheduled on Tuesday, September 8, 2009, at 9:00 a.m., in Courtroom #6C, Sixth Floor, U.S. Courthouse, 700 Grant Street, Pittsburgh, Pennsylvania 15219.

2. The following items shall be filed with the Clerk of Court, served upon opposing counsel and submitted to Chambers unless otherwise specified.

3. Witness Lists:

(a) Plaintiff shall submit a final list of trial witnesses, specifying separately those who will definitely be called and those who may be called if needed (other than purely for impeachment) on or before August 11, 2009.

(b) Defendants shall submit a final list of trial witnesses, specifying separately those who will definitely be called and those who may be called if needed (other than purely for impeachment) on or before August 18, 2009.

4. Exhibits

All exhibits must be marked and exchanged in advance of trial. To avoid duplication and potential jury confusion, counsel shall confer in advance of trial and agree on one joint set of consecutively numbered exhibits. Exhibits which will be offered/utilized/relied upon at trial by both plaintiff and defendants shall be marked consecutively as Joint Exhibit 1, 2, 3, etc., in numerical order. Exhibits which will be offered at trial only by plaintiff(s) shall be marked consecutively as Plaintiff(s) Exhibit 4, 5, 6, etc., and exhibits which will be offered at trial only by defendants shall be marked consecutively as Defendant(s) Exhibit 7, 8, 9, etc., in numerical order. Three copies of all premarked exhibits shall be provided to the Court in separate binders, labeled and numerically tabbed on or before August 25, 2009. Objections to exhibits are to be made known to the Court prior to trial and same may be ruled upon prior to trial.

Counsel are not to take time during trial to exchange exhibits. Exhibits need not be offered into evidence in numeric order. As exhibits are admitted into evidence at trial, each exhibit (or copy thereof) shall be provided to the Courtroom Deputy Clerk for logging, safekeeping and ultimate submission to the factfinder.

Counsel are encouraged to use courtroom technology to present exhibits to the witnesses and factfinder. With advance notice and approval of the Court, visual aids and ...


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