Varallo v. Town of Nantucket, Massachusetts — Entry #44: Judge Rya W

Case 1:05-cv-11547-RWZ         Document 44       Filed 08/21/2007    Page 1 of 3


                           UNITED STATES DISTRICT COURT
                            DISTRICT OF MASSACHUSETTS


                            CIVIL ACTION NO. 05-11547-RWZ

                                    LAUREN VARALLO


                                             v.

            TOWN OF NANTUCKET, MASSACHUSETTS, Police Department,
                                  and
                             JAMES SAMSON


                                    PRETRIAL ORDER
                                     August 21, 2007

ZOBEL, D.J.

         This matter having come before the court at a pretrial conference held pursuant

to Rule 16, Fed. R. Civ. P., 28 U.S.C., and Bradley M. Henry, Esq., having appeared as

counsel for plaintiff, and Douglas I. Louison, Esq., Regina M. Ryan, Esq., and Philip

Slotnick, Esq., having appeared as counsel for defendants, the following action was

taken:

1.       TRIAL

         Trial is scheduled to commence on August 27, 2007, at 9:00 a.m. and is

estimated to last four days.

2.       JURY

         The court will impanel eight jurors. Counsel shall file any proposed questions to

the jury on voir dire by August 22, 2007. Each side will have four peremptory

challenges.


     Case 1:05-cv-11547-RWZ        Document 44       Filed 08/21/2007     Page 2 of 3


3.    ISSUES

      The parties agree that the only issues to be tried are:

      A. With respect to the claims against the Town of Nantucket –

      I)     whether the Town was negligent by assigning James Samson to
             protective custody duty for which Samson had not been trained and for
             which he was not qualified, all in violation of its own procedures;

      ii)    whether the Town’s negligence caused plaintiff’s injuries;

      iii)   the amount of damages. Plaintiff claims for

             a)     emotional distress;

             b)     the assault and battery; and

             c)     delay in completing school.

      B. With respect to the claims against James Samson –

      I)     whether he violated plaintiff’s constitutional rights by sexually assaulting
             her;

      ii)    whether he committed an assault and battery against plaintiff;

      iii)   whether he intentionally inflicted emotional distress;

      iv)    whether defendant’s conduct caused plaintiff’s injury; and

      v)     the amount of damages.


4.    EXHIBITS

      Prior to the commencement of trial, counsel shall confer with each other

concerning any exhibits each intends to offer and note any objections each may have

to the exhibits of the other. All exhibits to which opposing counsel do not object shall

be deemed to be admitted into evidence. Counsel shall mark these exhibits and


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      Case 1:05-cv-11547-RWZ          Document 44        Filed 08/21/2007   Page 3 of 3


prepare a listing thereof, in duplicate. Objected to exhibits shall be marked for

identification and listed separately.

5.      WITNESSES

        On or before August 22, 2007, each party shall file a list of witnesses who will

testify at trial.

6.      REQUESTS AND QUESTIONS

        On the first day of trial, counsel shall file:

        (a) Requests for instructions; and

        (b) Proposed questions to the jury on special verdict.


_______August 21, 2007__________                     ________/s/Rya W. Zobel__________
           DATE                                               RYA W. ZOBEL
                                                     UNITED STATES DISTRICT JUDGE


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