Here's a copy of the Aiken pretrial order. - Insurance Coverage Blog

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Marilyn Aiken X Fact, Liability & Damage Plaintiff Further, USAA CIC reserves the right to call any witnesses listed or called by the other parties, whether live or by deposition. May testify by deposition: USAA CIC reserves the right to call witnesses by way of deposition if they, if for some reason, become unavailable for trial. USAA CIC will offer portions, in that event. State whether the entire deposition, or only portions will be used. Counsel shall confer, no later than twenty days before the commencement of trial, to resolve all controversies not resolved by the parties shall be submitted to the trial judge not later than ten days prior to trial. All objections not submitted within that time are waived. 16. This X is ____ is not a jury case. 17. Counsel suggest the following additional matters to aid in the disposition of this civil action: 1. Plaintiff suggests that Defendants notify which company representative or employees will be available live at trial and which will need to be submitted via deposition. 18. Counsel estimates the length of the trial will be 14 days. 19 As states in paragraph 1, this pretrial order has been formulated (a) at a pretrial conference before the United States District Court Judge, notice of which was duly served on all parities, and at which the parties attended as is stated above, or(b) the final pretrial conference having been dispensed with by the Magistrate Judge, as a result of conferences between the parties. Reasonable opportunity has been afforded for -56-
corrections or additions prior to signing.. This order will control the course of the trial, as provided by Rule 16, Federal Rules of Civil Procedure, and it may not be amended except by consent of the parties and the court, or by order of the court to prevent manifest injustice. ORDERED, this the 19 th day of December, 2007. s/ L. T. Senter, Jr. L. T. SENTER, JR. SENIOR JUDGE __/s/George W. Healy, IV. George W. Healy, IV. (MBN 2154) George Healy & Associates 1323 28 th Ave. Gulfport, Mississippi 39501 Attorney for Plaintiffs /s/ James C. Simpson, Jr. James C. Simpson, Jr. Montgomery, Barnett, Brown, Read, Hammond and Mintz Mississippi Bar No. 6810 2310 19 th Street Gulfport, Mississippi 39501 Attorney for Defendants James W. Jordan and Rimkus Consulting Group, Inc. /s/ Janet G. Arnold (MBN 1626) ATTORNEY FOR USAA CASUALTY INSURANCE COMPANY -57-
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IN THE UNITED STATES DISTRICT COURT
Page 3 and 4:
7. The following motions remain pen
Page 5 and 6: 1. Compensatory damages; 2. Punitiv
Page 7 and 8: NOAA; a compilation of data accesse
Page 9 and 10: meteorological evidence and determi
Page 11 and 12: which was in effect the date of Hur
Page 13 and 14: of Hurricane Katrina. The policy pr
Page 15 and 16: entitled to recover? b. Whether the
Page 17 and 18: a. Whether a tornado occurred at Pl
Page 19 and 20: Plaintiffs suffered damage. o. Whet
Page 21 and 22: to USAA CIC. l. Whether USAA CIC is
Page 23 and 24: Rimkus and Jordan also adopt by ref
Page 25 and 26: 17. Whether Plaintiffs are entitled
Page 27 and 28: P-29 Plaintiff Expert Report of Nan
Page 29 and 30: Plaintiff reserves the right to int
Page 31 and 32: P-43 failure to identify exhibit wi
Page 33 and 34: P-12: Hearsay as to contract liabil
Page 35 and 36: P-50: Relevance P-51: Relevance P-5
Page 37 and 38: DU-46 proper predicate, hearsay & n
Page 39 and 40: DU-71.01-.07 proper predicate, hear
Page 41 and 42: Exhibit No. DU-2 DU-3 DU-5 DU-6 DU-
Page 43 and 44: DU-51.01-.02 proper predicate, hear
Page 45 and 46: DU-78 DU-79.01-79.03 proper predica
Page 47 and 48: Marilyn Aiken X Fact/Liability Dama
Page 49 and 50: Russ Smith (may call live if presen
Page 51 and 52: Paul Colman X Fact Rimkus Consultin
Page 53 and 54: Roverto Chapa (if not called live b
Page 55: Andrew Snyder X Fact, Expert Liabil
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Here's a copy of the Aiken pretrial order. - Insurance Coverage Blog

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