Strandell v. Jackson County

115 F.R.D. 333, 55 U.S.L.W. 2639, 7 Fed. R. Serv. 3d 1191, 1987 U.S. Dist. LEXIS 3204
CourtDistrict Court, S.D. Illinois
DecidedApril 17, 1987
DocketCiv. No. 85-4159
StatusPublished
Cited by4 cases

This text of 115 F.R.D. 333 (Strandell v. Jackson County) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Strandell v. Jackson County, 115 F.R.D. 333, 55 U.S.L.W. 2639, 7 Fed. R. Serv. 3d 1191, 1987 U.S. Dist. LEXIS 3204 (S.D. Ill. 1987).

Opinion

MEMORANDUM AND ORDER

FOREMAN, Chief Judge:

On March 31, 1987, this Court held counsel for plaintiffs in contempt of Court for failure to obey its Order that the parties proceed in this case by way of a non-binding Summary Jury Trial. The matter was continued until April 6, 1987 while the Court contemplated appropriate sanctions. In addition to the Court’s statements made on the record on those dates explaining why it found such action appropriate, the Court will more fully expound on its reasoning herein.

The Final Pretrial Order prepared by the parties to this action indicates that the probable length of trial is 20 to 25 days and that over 300 exhibits are not agreed upon. Since this Court operates on a four-day trial week, this trial could take up five to six weeks of the Court’s docket. (Mondays in this Court are reserved for matters other than trial, such as dispositions in criminal cases, final pretrial conferences in both criminal and civil cases, preliminary pretrial conferences in civil cases, hearings on motions, status conferences, emergency matters and other miscellaneous matters which inevitably arise.) The parties in this case are also poles apart in terms of settlement. In view of these facts and the realistic assessment by this Court that its docket is not amenable to a five to six week trial at any time in the near future, the Court suggested that a one to two day Summary Jury Trial involving a limited number of live witnesses would be the most appropriate approach to handling this case. This Court has utilized the Summary Jury Trial with great success, as in every case a settlement has resulted or the parties agreed to be bound by the verdict.1 Although trial counsel for plaintiffs has never been involved in a Summary Jury Trial, he objected to the procedure on the grounds that he would have to reveal his trial strategy and case preparation prior to trial and to the benefit of the defendants. For various reasons outlined in their motion, plaintiffs claim that this Court is powerless to require their participation in a Summary Jury Trial.

Plaintiffs’ attitude is somewhat baffling to the Court. In modern litigation, discovery should leave little surprise to litigants as to what their opponent’s case is all about. See 10 Fed.Proc.L.Ed. § 26:1 Moreover, plaintiffs’ arguments are predicated on the assumption that a Summary Jury Trial will not result in the settlement of this case. However, it is this Court's belief that “[i]t is always possible that exposure of the decision makers to the realities of a case will bring about a reevaluation of settlement posture on the part of those persons.” G. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 107 F.R.D. 275, 277 (W.D.Wis.1985). A Summary Jury Trial is the perfect vehicle for revealing such realities.

This Court also disagrees with plaintiffs’ argument that it lacks the power to compel them to engage in a Summary Jury Trial. The 1984 Judicial Conference adopted a resolution endorsing the experimental use of Summary Jury Trials.

The original draft of the resolution provided:

[335]*335RESOLVED, the Judicial Conference endorses the use of summary jury trials, only with the voluntary consent of the parties, as a potentially effective means of promoting the fair and equitable settlement of lengthy civil jury cases. With proper authorization by local rules, summary jury trials are recommended to District Courts for consideration as an optional device. Report of Judicial Conference Committee on the Operation of the Jury System Agenda G-1S, Page 4, September 1984■ (Emphasis supplied.)

The final draft however omitted the language regarding voluntary consent and stated:

RESOLVED, that the Judicial Conference endorses the experimental use of summary jury trials as a potentially effective means of promoting the fair and equitable settlement of potentially lengthy civil jury cases.

Report of the Proceedings of the-Judicial Conference of the United States, p. 88 (September, 1984)

Judge Lambros of the Northern District of Ohio, who is largely responsible for this innovative procedure, provides the following analysis regarding the Court’s authority to order a Summary Jury Trial:

The Summary Jury Trial is firmly rooted in the Federal Rules of Civil Procedure. In light of Fed.R.Civ.P. 1, SJT is within the court’s pretrial powers pursuant to Fed.R.Civ.P. 16(a)(1), (5), (c)(ll), and the court’s inherent power to manage and control its docket.
Rule 1 of the Federal Rules of Civil Procedure states that the Rules, “shall be construed to secure the just, speedy, and inexpensive determination of every action.” Fed.R.Civ.P. 1. Rule 16(a), concerning pretrial activities, states, “In any action, the court may in its discretion direct the attorneys for the parties and any unrepresented parties to appear before it for a conference or conferences before trial for such purposes as (1) expediting the disposition of the action ... and (5) facilitating the settlement of the case.” Fed.R.Civ.P. 16(a)(1) and (5).
Furthermore, the Rules recommend that settlement be discussed, as well as potential alternatives to trial. Newly adopted Fed.R.Civ.P. 16(c)(7) and (11) provide that “[t]he participants at any conference under this rule may consider and take action with respect to ... (7) the possibility of settlement or the use of extrajudicial procedures to resolve the dispute ... and (11) such other matters as may aid in the disposition of the action.” Fed.R.Civ.P. 16(c)(7) and (11).
The SJT process recognizes the importance our judicial system places on decisions rendered by lay jurors. This is consistent with Fed.R.Civ.P. 39(c), which provides for an advisory jury in cases not triable to a jury as of right. Additionally, use of the SJT is consistent with Fed.R.Civ.P. 83, which provides in pertinent part, “[i]n all cases not provided for by rule, the district courts may regulate their practice in any manner not inconsistent with these rules.” Fed.R.Civ.P. 83.
In the Northern District of Ohio, the SJT has been specifically provided for by Local Rule 17.02, a copy of which appears as Appendix A to this Report, and which states:

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Bluebook (online)
115 F.R.D. 333, 55 U.S.L.W. 2639, 7 Fed. R. Serv. 3d 1191, 1987 U.S. Dist. LEXIS 3204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strandell-v-jackson-county-ilsd-1987.