Case Management Conference; Case Management Conference Plan; Civil Trial Order; Criminal Pretrial Order

=== Case Management Conference ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO Plaintiff vs. Defendants CASE NO. JUDGE SOLOMON OLIVER, JR. NOTICE: CASE MANAGEMENT CONFERENCE This case is subject to the provisions of LR 16.1 of the Local Rules of the Northern District of Ohio entitled Differentiated Case Management (DCM). All counsel are expected to familiarize themselves with the Local Rules as well as with the Federal Rules of Civil Procedure. The Court shall evaluate this case in accordance with LR 16.1 and assign it to one of the case management tracks described in LR 16.2(a). Each of the tracks (expedited, standard, complex, mass tort and administrative) has its own set of guidelines and timelines governing discovery practice, motion practice and for trial. Discovery shall be guided by LR 26.1 et seq. and motion practice shall be guided by LR 7.1(b)-(k) et seq. SCHEDULING OF CASE MANAGEMENT CONFERENCE All counsel and/or parties will take notice that the above-entitled action has been set for a Case Management Conference ("CMC"), on , at , before Judge Solomon Oliver, Jr., Room 300, Howard M. Metzenbaum U.S. Court House, 201 Superior Avenue, Cleveland, Ohio. Local Rule 16.3(b) requires the attendance of both parties and lead counsel. "Parties" means either the named individuals or, in the case of a corporation or similar legal entity, that person who is most familiar with the actual facts of the case. "Party" does not mean in-house counsel or someone who merely has "settlement authority." If the presence of a party or lead counsel will constitute an undue hardship, a written motion to excuse the presence of such person must be filed well in advance of the CMC. TRACK RECOMMENDATION Pursuant to LR 16.3(a), and subject to further discussion at the CMC, the Court recommends the following track: Expedited Standard Administrative Complex Mass Tort Recommendation reserved for CMC. APPLICATION OF FED. R. CIV. P. 26(a) Rule 26(a) of the Federal Rules of Civil Procedure, as amended December 1, 1993, mandates a series of required disclosures by counsel in lieu of discovery requests unless otherwise stipulated or directed by order of the Court or by local rule. 2 In the above-entitled case, Rule 26(a) shall apply as follows: X All disclosures mandated by Rule 26(a) shall apply, including Initial Disclosures (Rule 26(a)(1 , Disclosure of Expert Testimony (Rule 26(a)(2 , and Pre-Trial Disclosures (Rule 26(a)(3 . Initial Disclosures (Rule 26(a)(1 shall not apply; Disclosure of Expert Testimony (Rule 26(a)(2 and Pre-Trial Disclosures (Rule 26(a)(3 shall apply. CONSENT TO JURISDICTION OF MAGISTRATE JUDGE Magistrate Judge has been assigned to assist in this case. The parties are encouraged to discuss and consider consenting to the jurisdiction of the Magistrate Judge. PREPARATION FOR CMC BY COUNSEL The general agenda for the CMC is set by LR 16.3(b). Counsel for the plaintiff shall arrange with opposing counsel for the meeting of the parties as required by Fed. R. Civ. P. 26(f) and LR 16.3(b). A report of this planning meeting shall be jointly signed and submitted to the Clerk for filing not less than 3 days before the CMC. The report shall be in a form substantially similar to Attachment 1. FORMAL DISCOVERY STAYED UNTIL CMC Pursuant to LR 26.2, counsel are reminded that no preliminary formal discovery may be conducted prior to the CMC except "such discovery as is necessary and appropriate to support or defend against any 3 challenge to jurisdiction or claim for emergency, temporary, or preliminary relief[.]" This limitation in no way affects any disclosure required by Fed. R. Civ. P. 26(a)(1) or by this order. FILING OF DISCOVERY MATERIALS Unless otherwise ordered by the Court, initial disclosures, discovery depositions, interrogatories, requests for documents, requests for admissions, and answers and responses thereto shall not be filed with the Clerk’s Office, except that discovery materials may be filed as evidence in support of a motion or for use at trial. OTHER DIRECTIVES It is the responsibility of counsel for the plaintiff(s) to verify that a copy of this Order has been received by counsel for defendant(s) or, if no counsel has entered an appearance for defendant(s), that it has been received by defendant(s) themselves. RESOLUTION PRIOR TO CMC In the event that this case is resolved prior to the CMC, counsel should submit a jointly signed stipulation of settlement or dismissal, or otherwise notify the Court that the same is forthcoming. IT IS SO ORDERED. United States District Judge 4

=== Case Management Conference Plan ===

ATTACHMENT 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO Plaintiff vs. Defendant CASE NO. JUDGE REPORT OF PARTIES' PLANNING MEETING UNDER FED. R. CIV. P. 26(f) AND L.R. 16.3(b 1. Pursuant to Fed. R. Civ. P. 26(f) and L.R. 16.3(b), a meeting was held on , 20____, and was attended by: counsel for plaintiff(s) counsel for plaintiff(s) counsel for defendant(s) counsel for defendant(s) 2. The parties: have exchanged the pre-discovery disclosures required by Rule 26(a)(1) and the Court's prior order; will exchange such disclosures by , 20 ; have not been required to make initial disclosures. 3. The parties recommend the following track: Expedited Standard Complex Administrative Mass Tort 4. This case is suitable for one or more of the following Alternative Dispute Resolution ("ADR") mechanisms: Early Neutral Evaluation Mediation Arbitration Summary Jury Trial Summary Bench Trial Case not suitable for ADR 5. The parties do/ do not consent to the jurisdiction of the United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). 6. Recommended Discovery Plan: a) Describe the subjects on which discovery is to be sought and the nature and extent of discovery. (b) Discovery cut-off date: 2 7. 8. Recommended dispositive motion date: Recommended cut-off date for amending the pleadings and/or adding additional parties: 9. Recommended date for a Status Hearing: 10. Other matters for the attention of the Court: Attorney for Plaintiff(s) Attorney for Plaintiff(s) Attorney for Defendant(s) Attorney for Defendant(s) 3

=== Civil Trial Order ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Plaintiff v. Defendant Case No.: JUDGE SOLOMON OLIVER, JR. CIVIL TRIAL ORDER I. FINAL PRETRIAL AND TRIAL DATES The above-titled case is scheduled for jury trial on _________ at ______. A final pretrial conference is scheduled on __________ at _________. Pursuant to Local Rule 16.3(e), parties and lead counsel of record must be present and prepared with full authority to discuss all aspects of the case, including any pleadings, scheduling matters and settlement. Counsel are to have conferred with their clients, and with each other, regarding their settlement posture no later than two (2)business days before the final pretrial conference. II. TRIAL A. Trial Days Trials will begin at 9:00 a.m. and continue until 5:00 p.m., unless circumstances dictate otherwise. The court normally takes a one-hour lunch break and a fifteen-minute break in the morning and in the afternoon. So that trial may proceed with as few interruptions as possible, counsel must notify the court’s staff of issues to be addressed by the court outside the presence of the jury. When such issues arise, counsel should expect to address them before and after the trial day as well as during breaks. All parties are to be present in the courtroom at all times when the jury is seated, unless excused by the court. B. Stipulations of Fact and Preliminary Statements Counsel for the parties shall confer with one another in order to prepare written stipulations as to all uncontested facts to be presented at trial to the jury or to the court, as the case may be. Stipulations of fact are strongly encouraged in order to eliminate the need for testimony of witnesses to facts which are not in dispute. Stipulations are to be filed with the court no later than three (3) days prior to trial. Counsel shall also prepare and submit a Joint Preliminary Statement, not to exceed 1 page, describing the case in an impartial, easily understood and concise manner for use by the court either during voir dire or at the time the jury is impaneled. This statement will be used to set the context of the trial for the jury and shall be delivered to chambers no later than three (3) days prior to the trial. C. Trial Briefs The court requires the preparation of trial briefs in each case, which must be filed with the court and served on every other counsel in the case no later than seven (7) days before trial. Trial briefs shall include: a synopsis of the facts upon which counsel relies to prove his or her claim or defense; full and specific citation of the statutes, case law or other writings on which counsel relies in the case; and a discussion of any evidentiary issues likely to arise at trial. - 2 - D. Motions In Limine Motions in limine other than those addressed to documentary evidence (see paragraph F below on objections to exhibits) and expert witnesses (see immediately below), shall be filed fourteen (14) days prior to trial. Responses to motions in limine shall be filed seven (7) days thereafter. Motions in limine addressed to the admissibility of expert testimony under Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993), and Kumho Tire v. Carmichael, 526 U.S. 137 (1999), shall be filed no later than ten (10) days after the resolution of all dispositive motions. Responses to such motions shall be filed seven (7) days thereafter, and reply briefs shall be filed five (5) days thereafter. E. Witness and Exhibit Lists 1. Exchange of Witness and Exhibit Lists and Exhibits The parties shall file and exchange their proposed witness and exhibit lists seven (7) days prior to trial. The lists shall provide a brief description and the purpose of each witness, and shall list and briefly describe each item of documentary or physical evidence which is to be offered. An exchange of proposed exhibits must also be made at least three (3) days prior to trial. The court strongly encourages the parties to concur before finalizing their proposed exhibits in an effort to avoid duplication of exhibits. All duplicate exhibits should be filed as joint exhibits. A copy for the court’s use should be delivered directly to chambers; it should not be filed with the Clerk of Courts. The original exhibits should be retained by counsel to be introduced by counsel at trial. Each attorney shall have a continuing obligation to supplement the party’s witness and exhibit lists immediately upon learning of any additional witnesses or exhibits. Witnesses not listed or provided - 3 - before the trial starts shall not testify at trial, and exhibits not listed or provided before trial shall not be introduced at trial, absent a showing of good cause. This rule applies to lay witnesses as well as expert witnesses. 2. Marking Exhibits All exhibits to be used during trial must be marked as trial exhibits before trial in the following manner: (a) (b) Joint Exhibits shall be marked “Jt. Ex. 1,” “Jt. Ex. 2,” etc. Plaintiff Exhibits shall be marked “Pl. Ex. 1,” “Pl. Ex. 2,” etc. (c) Defendant Exhibits shall be marked “Deft. Ex. A,” “Deft. Ex. B,” etc. (d) Third Party Exhibits shall be marked with the surname and capital letters, e.g., “Jones A,” “Jones B,” etc. (e) Where there are multiple plaintiffs or defendants, the exhibits shall be marked as ordered above but with the surname of the particular plaintiff or defendant added (e.g., “Pl. Smith Ex. A,” “Pl. Jones Ex. A,” etc.). (f) If a defendant or any third party has more than 26 exhibits, double letters shall be used, i.e., AA, BB, CC, etc. (g) Whenever a multi-page exhibit is used, each page of the exhibit must be separately numbered. For example, if Plaintiff’s exhibit is a three-page document, the first page should be marked as Pl. Ex. 1-1, the second page marked Pl. Ex. 1-2, and the third page marked as Pl. Ex. 1-3. 3. Witnesses Expected to be Called on Following Trial Day - 4 - By 4:00 p.m. the day before trial, and by the close of court each day thereafter, the counsel conducting witness examinations on the following day shall provide opposing counsel with a list of those witnesses he or she anticipates calling the next day, in the order in which the witnesses are expected to testify. It is counsel’s responsibility to ensure that enough witnesses are present each day for presentation of proofs to fill the entire trial day. Counsel should inform the court early regarding any problems in obtaining the attendance of witnesses. F. Objections to Witnesses or Exhibits Counsel are directed to confer with each other to resolve any objections to witnesses or exhibits they may have. Objections to a proposed witness or exhibit that have not been resolved among counsel shall be filed with the court no later than 3 days prior to trial. Such objections shall include a brief statement setting forth reasoning why the proposed witness or exhibit should not be permitted or admitted, as well as specific citations to pertinent case law or other legal authority. G. Deposition Testimony Whenever depositions (videotape or written) are intended to be used as evidence at trial, counsel proposing to use such deposition testimony shall provide opposing counsel with pertinent transcript references no later than fourteen (14) days prior to trial. Any cross-designations must be made no later than seven (7) days prior to trial. Counsel shall consult in an effort to resolve any objections they may have to planned deposition testimony. No later than three (3) days prior to trial, counsel shall file with the court those objections that have been raised and not resolved. The brief shall contain citations to any applicable legal authority. Counsel shall attach and highlight the deposition portions objected to, and note the objections in the margin. - 5 - When videotape depositions will be presented in lieu of live testimony, counsel must file a complete written transcript of the videotape deposition prior to its use. H. Voir Dire The court will conduct initial voir dire of the panel and of individual panel members. The court will allow some limited follow-up questioning by counsel. Proposed voir dire questions for the court’s questioning are to filed with the court no later than seven (7) days prior to trial. I. Jury Instructions and Interrogatories Counsel shall exchange proposed jury instructions and interrogatories no later than seven (7) days prior to trial. Counsel shall then confer regarding their respective proposals and make diligent efforts to reach agreement upon a set of joint jury instructions. No later than three (3) days prior to trial, a single joint submission shall be filed with the court providing: (1) agreed upon instructions and interrogatories; (2) instructions and/or interrogatories proposed by plaintiff but opposed by defendant; and (3) instructions and/or interrogatories proposed by defendant but opposed by plaintiff. The joint submission shall be provided to the court as one document, divided by the above-described sections. All proposed instructions shall be supported by citations to legal authority. Grounds for objections need not be identified at this time and will be addressed at a preliminary charge conference, to be held prior to closing statements. The single, joint submission of jury instructions and interrogatories to the court shall be made in writing as well as produced on a 3.5" computer diskette. J. Non-Jury Cases In all non-jury cases, counsel for each of the parties shall prepare Proposed Findings of Fact and Conclusions of Law, which shall be filed with the court not later than seven (7) days prior to the - 6 - trial. Proposed Findings of Fact and Conclusions of Law shall be consecutively numbered with each finding and conclusion stated in a separate paragraph. The proposed Findings of Fact shall cite the particular witness(es) or exhibit(s) upon which each suggested finding is based; proposed Conclusions of Law shall cite legal authority. Proposed Findings of Fact and Conclusions of Law shall also be produced to the court on a 3.5" computer diskette. K. Continuances No party shall be granted a continuance of trial without a written motion from the party or counsel stating the reason for the continuance, endorsed in writing by all moving parties and their lead counsel of record, and showing the consent of all other counsel or, if objected to, with the movant’s certification of efforts to obtain such consent. The court will not consider any motion for a continuance due to a conflict of trial assignment dates unless a copy of the conflicting assignment is attached. The motion shall be filed within two (2) days of counsel becoming aware of the conflict. IT IS SO ORDERED. Current Date /s/ SOLOMON OLIVER, JR. UNITED STATES DISTRICT JUDGE - 7 -

=== Criminal Pretrial Order ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION UNITED STATES OF AMERICA, Plaintiff v. Defendant Case No. CRIMINAL PRETRIAL ORDER JUDGE SOLOMON OLIVER, JR. Trial of this matter shall begin on at , in Courtroom 301, Howard M. Metzenbaum U. S. Court House, 201 Superior Avenue, Cleveland, Ohio. Counsel should appear at least 30 minutes before trial time. Final Pretrial is scheduled for at . General Order No. 119 of the United States District Court for the Northern District of Ohio, adopted September 11, 1990 (Jury Utilization Management Plan), provides that "plea negotiations must be completed by a date certain in advance of the scheduled trial." Accordingly, the Court will not accept a plea agreement submitted later than one week prior to the trial date. Pursuant to Local Rule 17.1.1 counsel shall comply with each of the following requirements: Discovery shall be completed on or before . On the discovery deadline date, counsel shall notify the Court in writing of any failure to provide discovery material. Motions: Pretrial motions shall be filed on or before . Each motion filed shall explicitly state the foundation for it, pursuant to Local Rule 12.1. Responses to pretrial motions shall be filed on or before . Status Hearings: Status and other pretrial hearings will be scheduled as needed. Trial Documents: The following trial documents are to be submitted to the Court not later than 4:00 p.m., on : 1. 2. 3. 4. Counsel for the parties shall confer in person and agree upon a concise written statement describing the case in an impartial, easily understood manner, and submit it to the Court to be read to the jury panel prior to voir dire. Counsel for the parties shall confer in person and agree upon stipulations and reduce them to writing. Such stipulations shall be signed by counsel and defendant(s) and shall be submitted to the Court. Counsel for the parties shall submit written voir dire questions and jury instructions to the Court. Counsel should confer in person and, to the extent possible, agree upon a complete set of voir dire questions and jury instructions. Counsel may separately submit disputed proposed voir dire questions and jury instructions to the Court and opposing counsel, supported by legal authority. Counsel for the parties shall submit to the Court appropriate memoranda, supported by legal authority regarding evidentiary questions and any other legal issues which may reasonably be anticipated to arise at trial. Exhibits: If demonstrative evidence such as models or sketches are to be used at trial, counsel shall exchange them no later than two (2) days prior to the date of trial. All exhibits must be marked before trial in accordance with Local Rule 23.2. Two (2) copies of all exhibits to be used at trial shall be submitted to the Court in a binder, along with an index of the exhibits, not later than the morning of the trial. The Court will not allow exhibits to be given to the jury during trial without prior Court approval. If the Court approves such a request, sufficient copies for each juror must be provided so all jurors may view the exhibit simultaneously. Continuances: The Court will not continue a trial or hearing without a written motion stating the reason for the request. A motion for continuance due to a conflict of trial assignment dates will not be considered unless a copy of the conflicting assignment is attached. The motion shall be filed not less that fifteen (15) days after counsel becomes aware of the conflict, and not less that thirty (30) days before trial. IT IS SO ORDERED. UNITED STATES DISTRICT JUDGE