Case Management Conference Notice and Report of Parties; Case Management Conference Order; Settlement Scheduling Order

=== Case Management Conference Notice and Report of Parties ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION Plaintiff, v. , , CASE NO. JUDGE JAMES R. KNEPP II Defendant. CONFERENCE NOTICE OF CASE MANAGEMENT This case is subject to the provisions of Local Rule 16.1 of the Northern District of Ohio entitled “Differentiated Case Management” (DCM). Counsel are expected to familiarize themselves with applicable Local Rules and Federal Rules of Civil Procedure. The Court shall evaluate this case pursuant to Local Rule 16.1 and assign this case to an appropriate management track (expedited, standard, complex, mass tort and administrative) described in Local Rule 16.2(a). The track assignment will dictate timelines for discovery, motions and trial. Unless otherwise ordered, discovery shall be guided by Local Rule 26.1 and motion practice shall be guided by Local Rule 7.1. SCHEDULING OF CASE MANAGEMENT CONFERENCE The Case Management Conference (CMC) shall be held on [DATE and TIME] before Judge James R. Knepp II, United States District Court, 1716 Spielbusch Avenue, Chambers 318, Toledo, Ohio. If settlement discussions would be helpful at this stage of the case, please notify Chambers (419-213-5570) so that additional time can be set aside and party attendance can be secured. Unless otherwise ordered, the parties need not attend or participate in the CMC. Local counsel must attend the CMC in person; if unable to attend in person, local counsel may make arrangements to participate by telephone by contacting chambers at 419-213-5570. Out of town counsel may make arrangements to participate by telephone by contacting chambers at 419-213- 5570. APPLICATION OF FEDERAL CIVIL RULE 26(a) Rule 26(a) mandates required disclosures in lieu of discovery requests unless otherwise stipulated or directed by Order of the Court or by Local Rule. In this case, all disclosures mandated by Rule 26(a) shall apply, including Initial Disclosures, Expert Testimony, and Pre- Trial Disclosures. The disclosures shall occur on or before a date agreed to by all counsel. Failing agreement, the date for disclosures will be set at the CMC. Prior to the CMC, parties may undertake such informal or formal discovery as mutually agreed. Absent such agreement, no preliminary formal discovery may be conducted prior to the CMC except as necessary and appropriate to support or defend against any challenges to jurisdiction or claim for emergency, temporary, or preliminary relief. Local Rule 30.1 governs conduct at depositions, and counsel shall comply with this Rule. TRACK RECOMMENDATION Pursuant to Local Rule 16.2(a), and subject to further discussion at the CMC, the Court recommends the following track: Standard, which means the trial date will be no later than [MONTH/YEAR]. PREPARATION FOR CMC BY COUNSEL The general agenda for the CMC is set by Local Rule 16.3(b). Counsel should be prepared to discuss claims and defenses in detail with the Judge. Counsel for Plaintiff(s) shall arrange with opposing counsel to hold the meeting required by Federal Civil Rule 26(f) and Local Rule 16.3(b). A Report of this planning meeting shall be jointly signed and filed at least three (3) days prior to the CMC. The Report shall be in a form substantially similar to Attachment l. FILING OF DISCOVERY MATERIALS Unless otherwise ordered, initial disclosures and discovery materials shall not be filed except where submitted in support of a motion or for use at trial. SANDY OPACICH, Clerk of Court s/ Jennifer M. Smith Courtroom Deputy to Judge James R. Knepp II IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION , CASE NO. Plaintiff, v. , Defendant. JUDGE JAMES R. KNEPP II REPORT OF PARTIES’ PLANNING MEETING l. Pursuant to Fed. R. Civ. P. 26(f) and L.R. 16.3(b), a meeting was held on and was attended by: Counsel for Plaintiff(s) Counsel for Defendant(s) 2. The parties: _____ Have exchanged the pre-discovery disclosures required by Rule 26(a)(l) and the Court’s CMC Notice; or _____ Will exchange such disclosures by _______________. 3. The parties recommend the following track: _____ Expedited _____ Standard _____ Complex _____ Administrative _____ Mass Tort 4. This case is / is not suitable for Alternative Dispute Resolution (“ADR”) (e.g., mediation, arbitration, summary trial). 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. The parties agree that this case _____ does / _____ does not involve electronic discovery. (Counsel are reminded to review the default standard for e-discovery set forth in Appendix K to the Local Rules.) 7. Recommended Discovery Plan: (a) Describe the subjects on which discovery is to be sought, the nature and extent of discovery and any potential problems: ____________________________________ ________________________________________________________________________ ________________________________________________________________________ (b) Describe anticipated e-discovery issues (i.e., what ESI is available and where it resides; ease/difficulty and cost of producing information; schedule and format of production; preservation of information; agreements about privilege or work-production protection, etc.): ________________________________________________________________________ ________________________________________________________________________ 8. Recommended cut-off for amending the pleadings and/or adding additional parties: __________________ 9. Expert reports disclosed by: (a) Plaintiff(s): __________________ (b) Defendant(s): __________________ 10. Discovery deadlines: (a) Liability: __________________ (b) Damages: __________________ 11. Recommended dispositive motion date: ___________________ 12. Recommended date for telephone status: ___________________ 13. Other matters for the attention of the Court: _______________________________ ________________________________________________________________________ ________________________________________________________________________ Attorney for Plaintiff(s): Attorney for Defendant(s):

=== Case Management Conference Order ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION , , Plaintiff, v. Defendant. CASE NO. JUDGE JAMES R. KNEPP II CASE MANAGEMENT CONFERENCE ORDER Case Management Conference held on: [DATE] 1. The following attorneys were present: a. b. Plaintiff’s counsel: Defendant’s counsel: 2. 3. 4. 5. 6. 7. 8. A written stipulation (Local Rule 16.3(b)(3 was/ was not filed. After consultation with the parties and counsel, the Court determined that this case will proceed on the STANDARD track. Case referred to Alternative Dispute Resolution (ADR): Yes No X Delay _____ This case does/ does not involve electronic discovery. The parties did/ did not consent to the jurisdiction of the Magistrate Judge. Rule 26(a) disclosures: Parties will exchange such disclosures by [DATE]. Rulings as to type and extent of discovery: Discovery Disputes No motion to compel, motion for protective order or motion for sanctions shall be filed unless the parties have undertaken in good faith to resolve discovery disputes and, if unable to do so, have next contacted the Court by phone or e-mail with a request for judicial resolution. Local Civil Rule 37.1 governs discovery disputes and counsel are expected to comply with this Rule. Inadvertent Disclosure Pursuant to Evidence Rule 502(d), an inadvertent disclosure of a communication or information covered by the attorney-client privilege or work-product protection made in connection with this litigation shall not constitute a waiver of that privilege or protection in this or any other federal or state proceeding. 9. Discovery cut-off dates: a. b. c. d. Plaintiff’s expert disclosures: Defendant’s expert disclosures: Liability: Damages: 10. Without leave of Court, no discovery material shall be filed, except as necessary to support dispositive motions. Depositions filed either electronically or through the Clerk’s Office shall include the Word Index. 11. Deadline for amending pleadings / adding parties: 12. Deadline for filing dispositive motions: 13. Settlement Conference: IT IS SO ORDERED. __ s/ James R. Knepp II UNITED STATES DISTRICT JUDGE 2

=== Settlement Scheduling Order ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION , , Plaintiff, v. Defendant. CASE NO. JUDGE JAMES R. KNEPP II ORDER SETTING SETTLEMENT CONFERENCE A Settlement Conference will be held in the above-entitled case on [DATE and TIME], in Chambers 318, United States District Courthouse, 1716 Spielbusch Avenue, Toledo, Ohio, before United States District Judge James R Knepp II. All parties and their lead counsel are ORDERED TO APPEAR at that time. SETTLEMENT CONFERENCE PREPARATION A. FORMAT 1. ATTENDANCE OF PARTIES REQUIRED. Parties with ultimate settlement authority must be personally present. The conference shall be attended by an authorized representative of each party together with trial counsel for each party. When the settlement decision will be made in whole or part by an insurer, the insurer shall send a representative in person with full and complete authority to make settlement decisions. A corporate party shall send a representative with full and complete authority to bind the company. A governmental entity shall send a representative authorized to act on its behalf. Failure to produce the appropriate person(s) at the conference may result in an award of costs and attorney fees incurred by the other parties in connection with the conference and/or other sanctions against the noncomplying party and/or counsel. Each party shall submit a confidential statement to the Court by [3 DAYS PRIOR TO CONFERENCE]. The settlement statement shall not become a part of the file of the case, but shall be for the exclusive use of the Judge in preparing for the settlement conference. The settlement statement shall not be filed with the clerk, but shall be emailed to [email protected]. The settlement statement shall contain a specific recitation of the facts, an analysis of the law, a discussion of the strengths and weaknesses of the case, the parties’ position on settlement, including the latest settlement proposal, and a report on settlement efforts to date. If not already a part of the court file, copies of any critical agreements, business records, photographs or other documents or exhibits shall be with the settlement statement. The statement should not be lengthy, but should contain enough information to be useful to the Judge in analyzing the factual and legal issues in the case. The parties are encouraged to be candid in their statements. 2. PRE-SETTLEMENT CONFERENCE DEMAND AND OFFER. A mediation/settlement conference is more likely to be productive if, before the conference, the parties have had a written exchange of their settlement proposals. Accordingly, no later than [14 DAYS PRIOR TO CONFERENCE], plaintiff’s counsel shall submit a written itemization of damages and settlement demand to defendant’s counsel with a brief explanation of why such a settlement is appropriate. No later than [7 DAYS PRIOR TO CONFERENCE], defendant’s counsel shall submit a written offer to plaintiff’s counsel with a brief explanation of why such a settlement is appropriate. On occasion, this process will lead directly to a settlement. If settlement is not achieved, plaintiff’s counsel shall email their settlement positions to Chambers no later than [3 DAYS PRIOR TO CONFERENCE]. Do not file copies of these papers with the Clerk’s Office. 2 3. SETTLEMENT FORMAT. The Court will generally use a format of opening presentations followed by a joint discussion and private caucusing by the Court with each side. The Court expects both the lawyers and the party representatives to be fully prepared to participate. The Court encourages all parties to keep an open mind in re-assessing their previous positions and to find creative means for resolving the dispute. 4. STATEMENTS INADMISSABLE. Statements made by any party during the settlement conference are not to be used in discovery and will not be admissible at trial. Parties are encouraged to be frank and open in their discussions. The Court expects the participants to address each other with courtesy and respect. B. ISSUES TO BE DISCUSSED AT MEDIATION/SETTLEMENT CONFERENCE Parties should be prepared to discuss the following at the settlement conference: 1. What are your objectives in the litigation? 2. What issues (in and outside of this lawsuit) need to be resolved? What are the strengths and weaknesses of your case? 3. Do you understand the opposing side’s view of the case? What is wrong with their perception? What is right with their perception? 4. What are the points of agreement and disagreement between the parties? Factual? Legal? 5. What are the impediments to settlement? 6. What remedies are available through litigation or otherwise? 7. Are there possibilities for a creative resolution of the dispute? 8. Do you have adequate information to discuss settlement? If not, how will you obtain sufficient information to make a meaningful settlement discussion possible? 9. Are there outstanding liens? Do we need to include a representative of the lien holder? 3 C. INVOLVEMENT OF CLIENTS. For many clients, this will be the first time they have participated in a court supervised settlement conference. Therefore, counsel shall provide their clients with a copy of this Standing Order and shall discuss with them the points contained herein prior to the settlement conference. IT IS SO ORDERED. s/ James R. Knepp II UNITED STATES DISTRICT JUDGE 4