IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
October 24, 2012
UNITED STATES FIRE INSURANCE COMPANY A/S/O MAFCOTE INTERNATIONAL, INC.,
OMNOVA SOLUTIONS, INC.,
The opinion of the court was delivered by: United States Magistrate Judge Cynthia Reed Eddy
By Pretrial Order dated December 12, 2011 (ECF No. 23), the Honorable Judge Donetta W. Ambrose directed the parties to, inter alia, file Joint Proposed Jury Instructions by March 12, 2012. The parties did not comply with the Court's order to "file a unified (meaning one) combined set of proposed instructions which includes both agreed upon instructions and proposed instructions to which the parties have not agreed. . . . The court will not accept separate proposed jury instructions from the parties," id., and, instead, each filed their own proposed jury instructions. (ECF Nos. 42, 43). Although the parties failed to comply with the Court's unambiguous Pretrial Order, Judge Ambrose prepared and completed Final Jury Instructions based upon the parties' separate submissions, which will be distributed to them at the pretrial conference of October 25, 2012.
Without explanation and without seeking leave of court, on October 22,2012, plaintiff filed another set of Plaintiff's Proposed Jury Instructions (ECF No. 74). Because this set of Plaintiff's Proposed Jury Instructions is out of compliance with the Court's Pretrial Order and is over eight months untimely, Plaintiff's Proposed Jury Instructions (ECF No. 74) are HEREBY STRICKEN, and will not be considered.
The Honorable Cynthia Reed Eddy United States Magistrate Judge
cc: all ECF registered counsel
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