Case Management Conference Scheduling Order; Case Management Plan; Civil Trial Order; Criminal Trial Order; Aubriellen and Tiffany Wheatley; Rule 404(b)

=== Case Management Conference Scheduling Order ===

* Rev. 1/21/2026 PLEASE READ CAREFULLY. Lead counsel is personally responsible for complying with this Order. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION , , Plaintiff, v. Defendant. CASE NO. JUDGE BENITA Y. PEARSON TELEPHONIC CASE MANAGEMENT CONFERENCE SCHEDULING ORDER DATE OF CONFERENCE: at a.m. / p.m. LEAD COUNSEL AND PARTIES MUST BE TELEPHONICALLY PRESENT UNLESS EXCUSED BY THE COURT UPON WRITTEN MOTION. ELECTRONIC FILING Counsel are advised that all documents, notices and orders in this matter shall be filed electronically rather than on paper, except as provided for in the Electronic Filing Policies and Procedures Manual, which governs electronic filing in the Northern District of Ohio and also provides helpful information on system requirements and usage. The manual can be accessed online.1 Electronically filed documents should be in a text-searchable format. Notice of filings are sent electronically. It is the responsibility of each counsel of record to set up a user e-mail account to receive e-mail notification and to check that e-mail account on a regular basis. Directions for setting up e-mail notification are at the following link: https://www.ohnd.uscourts.gov/electronic-filing If you have questions about electronic filing, please call any Northern District of Ohio Clerk’s Office location or our CM/ECF Help Desk at 1-800-355-8498. 1 https://www.ohnd.uscourts.gov/local-civil-rules-appendices (Case No. ) DIFFERENTIATED CASE MANAGEMENT This case is subject to the provisions of Differentiated Case Management (DCM) as generally set forth in the Local Rules of the Northern District of Ohio. The Court will evaluate this case in accordance with LR 16.2(a)(1) and assign it to one of the case management tracks described in LR 16.2(a)(2). At the Case Management Conference (“CMC”), the Court will decide, after discussion with counsel, whether or not to impose any specific limitations on discovery. All counsel are expected to familiarize themselves with the Local Rules as well as with the Federal Rules of Civil Procedure. SCHEDULING OF CASE MANAGEMENT CONFERENCE All counsel and parties will take notice that the above-entitled action has been set for a Telephonic Case Management Conference (“CMC”) on at a.m. / p.m. before Judge Benita Y. Pearson, Chambers 313, Thomas D. Lambros United States Court House, 125 Market Street, Youngstown, Ohio. Counsel for Plaintiff shall set up the conference call and contact Chambers directly at (330) 884-7435, with all participants on the line. The Court requires personal participation of parties at the Case Management Conference, even when the conference is telephonic. LR 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 necessarily mean in-house counsel or someone who merely has “settlement authority.” When a party is other than an individual or when a party’s interests are being represented by an insurance company, an authorized representative of such party or insurance company, with full authority to settle, shall attend. Lead counsel who is primarily responsible for each party’s case shall personally attend the CMC and shall be prepared and authorized to discuss all relevant issues, including settlement. If the presence of a party or lead counsel will constitute an undue hardship or a continuance is needed, a written motion to excuse the presence of such person or to continue must be filed no later than fourteen (14) days prior to the CMC. Counsel are instructed to confer and agree on three proposed dates and include them in the motion for continuance. 2 (Case No. ) TRACK RECOMMENDATION Pursuant to LR 16.3(a), and subject to further discussion at the CMC, the Court recommends the following track: Expedited Complex Standard Mass Tort Administrative Reserved for CMC CONSENT TO JURISDICTION OF MAGISTRATE JUDGE The parties are encouraged to discuss and consider consenting to the jurisdiction of the Magistrate Judge. (See Consent Package - Attachment No. 1) PREPARATION FOR CMC BY COUNSEL (Planning Conference under Fed. R. Civ. P. 26(f LR 16.3(b)(2) sets the general agenda for the CMC. In all cases, including those exempted from initial disclosure by Fed. R. Civ. P. 26(a)(1)(B), counsel (or the party, if unrepresented) must confer prior to the CMC as required by Fed. R. Civ. P. 26(f). The Rule 26(f) conference shall be completed by no later than twenty-one (21) days before the CMC. The participation of parties represented by counsel is left to the discretion of their counsel. The Court does not require the personal participation of the parties at this conference. As part of their pre-CMC planning conference, counsel must determine whether there will be discovery of electronically stored information (“ESI”) [E-discovery]. If counsel anticipates E- discovery, they must decide on a method for conducting such discovery or agree to abide by the default standard set forth in Appendix K to the Local Civil Rules (copy attached as Attachment No. 2). The parties (through counsel or personally, if unrepresented) shall file a report on their discussion, including a proposed discovery plan, in a form substantially similar to Attachment No. 3, signed by all counsel and/or unrepresented parties and submit this report to the Court no later than five (5) days before the CMC. See Attachment No. 4 for an example of an agreement regarding the handling of disclosed privileged material. 3 (Case No. ) Not later than fourteen (14) days before the CMC, Plaintiff(s) shall make a written demand with a description and monetary breakdown of the damages claimed. Not later than seven (7) days before the CMC, Defendant(s) shall respond in writing with an offer (even if the response is that they will not make an offer at this time). The fact that this has been done shall be noted in the Report of Parties’ Planning Meeting. DISCLOSURES UNDER FED. R. CIV. P. 26(a) 1. This is an ERISA case (Employee Retirement Income Security Act of 1974) and, as such, is not subject to disclosures. See Fed. R. Civ. P. 26(a)(1)(B). Counsel shall instead familiarize themselves with the procedure set forth in Wilkins v. Baptist Healthcare System, Inc., 150 F.3d 609, 619 (6th Cir. 1998) (Gilman, J., concurring). 2. The disclosures mandated by Fed. R. Civ. P. 26(a) will all apply as set forth in that Rule. Absent a showing of good cause, no later than fourteen (14) days before the CMC, each party must serve on an opposing party the initial disclosures required by Fed. R. Civ. P. 26(a)(1), and must certify such service in writing to the Court by the same date. 3. Initial Discovery Protocols were entered in this case. They are intended to supersede the parties’ obligations to make initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1). 4 (Case No. ) TIMING OF DISCOVERY The 2015 Amendments to the Federal Civil Rules relaxed the moratorium on discovery. It is no longer necessary to wait until the CMC to propound discovery requests. Now, more than 21 days after the summons and complaint are served on a party, an “early” request under Rule 34 may be delivered. Delivery does not count as service. Rather, the Rule 34 request is considered to have been served at the first Rule 26(f) conference. Fed. R. Civ. P. 26(d)(2). A party may not seek formal discovery from any source before the parties have met and conferred at a Rule 26(f) conference. Fed. R. Civ. P. 26(d)(1). FILING OF DISCOVERY MATERIALS (Fed. R. Civ. P. 5(d Unless otherwise ordered by the Court, disclosures under Fed. R. Civ. P. 26(a)(1) or (2) and the following discovery requests shall not be filed until they are used in the proceeding or this Court orders filing: (1) depositions; (2) interrogatories; (3) requests for documents or to permit entry upon land; and (4) requests for admission. If a party intends to rely on deposition testimony in support of its position on a motion, the Court prefers the filing of the entire deposition rather than excerpts, unless the party truly believes that excerpts are sufficient, and with the proviso that any other party who believes the excerpts offered are not sufficient is free to file the entire deposition. In any event, discovery and disclosure material submitted in support of any party’s position shall be filed at the same time as that party’s memorandum setting forth its position. DEPOSITION PRACTICE The judges of the Northern District of Ohio have adopted LR 30.1 which governs the taking of depositions. A copy of the rule is attached as Attachment No. 5. Counsel are expected to comply with the rule in its entirety. 5 (Case No. ) DISPOSITIVE MOTIONS The Court requires defendants to file an answer to the claims against them regardless of whether they have filed or plan to file a motion to dismiss or for judgment. The filing of a motion to dismiss or for judgment shall not delay the time in which a party must answer the claims against them. Before a party may file a motion pursuant to Fed. R. Civ. P. 12(b), 12(c) or 56, it must submit a written request to be dismissed or for judgment to opposing counsel. Opposing counsel shall either agree to the request for dismissal or for judgment or shall give explicit reasons in writing for refusing to do so. Upon such refusal, the party shall reassess its position and may file a motion pursuant to Fed. R. Civ. P. 12(b), 12(c) or 56 if the party believes it is still entitled to dismissal or judgment. The motion must be accompanied by a statement certifying that this exchange has occurred. OTHER DIRECTIVES In all cases in which it is anticipated that a party will seek attorney’s fees pursuant to statutory or case-law authority, no later than five (5) days before the CMC, such party shall submit to the Court by emailing [email protected] and cc’ing all other parties a preliminary estimate and/or budget of the amount of fees and expenses anticipated to be the subject of any such claim. Such estimate shall include, but not be limited to, the following: Attorney’s Fees Preliminary Investigations & Filing of Complaint Procedural Motions Practice Discovery Dispositive Motions Practice Settlement Negotiations Trial TOTAL FEES $ $ $ $ $ $ $ Costs Depositions Experts Witness Fees Other TOTAL COSTS 6 $ $ $ $ $ (Case No. ) 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. Date Benita Y. Pearson United States District Judge 7

=== Case Management Plan ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION , , Plaintiff, v. Defendant. CASE NO. JUDGE BENITA Y. PEARSON CASE MANAGEMENT CONFERENCE ORDER CASE MANAGEMENT PLAN LR 16.1(b)(4) 1. A Case Management Conference was conducted on . 2. The following parties were present: A. Plaintiff: B. Defendant: 3. The following attorneys were present: A. Plaintiff’s counsel: B. Defendant’s counsel: 4. A Discovery Plan was filed on . -1- (Case No. ) REGISTRATION FOR RECEIPT OF ELECTRONIC DOCUMENTS If it has not already been done, all counsel must complete Attorney Registration Forms and return them to the Clerk of Court as soon as possible so that attorney user accounts can be established. An Attorney Registration Form is in the Policies and Procedures Manual. In addition, counsel can easily register online at: https://www.ohnd.uscourts.gov/content/cmecf-attorney-registration As soon as accounts are established, counsel will be provided with user identification names and passwords which will permit access to the electronic filing system and which shall serve as signatures for any and all documents filed electronically. The Clerk’s Office has established an Electronic Filing Help Desk at 1-800-355-8498 to answer questions and provide assistance should difficulties arise. RULINGS ON ADDITIONAL MATTERS PURSUANT TO LR 16.3(b)(2) 5. After consultation with the parties and counsel, the Court determined that this case will proceed on the Track. 6. This case is referred to Magistrate Judge to conduct a mediation during , if possible. [or] This case is not suitable for Alternative Dispute Resolution (ADR) at this time. 7. The parties do / do not consent to the jurisdiction of the United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). 8. There are no case-specific rulings as to the type and extent of discovery. Parties are to follow the limits established by the Local and Federal civil rules. -2- (Case No. ) 9. The Parties agree that there will be no discovery of electronically-stored information. The parties have agreed to a method for conducting discovery of electronically-stored [or] information. [or] The parties shall follow the default standard for discovery of electroncally-stored information (Appendix K to N.D. Ohio Local Rules). 10. Discovery shall be completed on or before . 11. Counsel shall comply with LR 37.1, which outlines a process for resolution of discovery disputes -- steps that must be taken in advance of a party’s filing of a discovery motion. The first step requires the parties to make a sincere, good faith effort to resolve the dispute. Next, if the parties’ sincere, good faith efforts have failed to resolve the dispute, the Court should be given informal notice, along with a certification of the effort made. This notice can be made by letter or a telephone call to chambers with both sides’ counsel on the line. The Court may then choose to hold a telephonic conference or take other steps to resolve the dispute. If the Court is unable to resolve the dispute, the Court may authorize the filing of a discovery motion. LR 37.1. A discovery motion should only be filed after having been solicited by the Court. 12. The parties have / have not reached an agreement regarding the handling of disclosed privileged material. See Fed. R. Civ. P. 16(b)(3)(B)(iv). 13. Without leave of Court, no discovery or disclosure materials may be filed, except as necessary to support dispositive motions. If a party intends to rely on deposition testimony in support of its position on a motion, the Court prefers the filing of the entire deposition rather than excerpts, unless the party truly believes that excerpts are sufficient, and with the proviso -3- (Case No. ) that any other party who believes the excerpts offered are not sufficient is free to file the entire deposition. In any event, discovery and disclosure materials submitted in support of any party’s position shall be filed at the same time as that party’s memorandum setting forth its position. 14. The cutoff to amend pleadings and add parties is . Also see Fed. R. Civ. P. 15(a) (requiring a showing that an amendment is proper). The cutoff date, however, is merely a time limitation—not a blanket leave. A party must still demonstrate that an amendment is proper under Rule 15(a). Absent written consent of the adverse party, the party seeking to amend at least must alert the Court and the adverse party to the substance of the proposed amendment by filing a Motion for Leave with an accompanying memorandum of law addressing the requirements of Rule 15(a). In all cases, the party seeking leave of Court to amend must certify that prior notice of the proposed amendment was given and the adverse party withheld consent. 15. Before a party may file a dispositive motion, it must submit a written request for judgment or to be dismissed to opposing counsel. Opposing counsel shall either agree to the judgment or request for dismissal or shall give explicit reasons in writing for refusing to do so. Upon such refusal, the party shall reassess its position and may file a dispositive motion if the party believes it is still entitled to summary judgment or dismissal. The dispositive motion must be accompanied by a statement certifying that this exchange has occurred. The cutoff for filing dispositive motions is . Responses shall be filed by (See LR 7.1(d and Replies by (See LR 7.1(e . Lead counsel of record shall confer with one another in person in order to prepare written stipulations as to all uncontested facts to be presented by the dispositive motion. The stipulations shall be filed with the Court on or before . If there are no stipulations, a joint notice stating same shall be filed by the same date. These are mandatory requirements. -4- (Case No. ) 16. The next Status Conference will be held on , at .m. The conference will be conducted via telephone unless circumstances require otherwise. Attorney is to set up the conference call. Parties’ attendance is welcome, but not mandatory. Counsel should notify the Court in advance of a Status Conference if the matter has settled. 17. Protective orders: The parties shall file a proposed Stipulated Protective Order on or before . A form protective order is attached as Appendix L to the Local Rules. Any proposed order will be rejected by the Court unless it provides that, where materials designated “confidential” are used in support of or in opposition to a motion, the party so using the material shall file the document under seal. See Electronic Filing Policies and Procedures Manual at §§ 19 and 24. Manually filed sealed documents shall not be presented to the Court unless electronic filing is not possible. The proposed order shall also provide that the parties agree to be bound by its terms, during the litigation, prior and subsequent to entry by the Court. An agreed protective order which complies with the above will be approved, but with the understanding that, in the event this case should go to trial, no materials used in open court shall be entitled to the continuing designation of “confidential.” If any party seeks to obtain judgment by either a motion to dismiss or a motion for summary judgment, only supporting confidential documentation, not the motions themselves, may be filed under seal. 18. Counsel shall comply with LR 5.2. See pages 9-12 of the Electronic Filing Policies and Procedures Manual for further instructions. 19. Additional Rulings Regarding Motions – LR 7.1(b)-(j) (12/16): The Court will strictly enforce provisions regarding length of memoranda filed in support of motions. See LR 7.1(f). Motions for relief from the length restrictions must show good cause for such relief and must be made sufficiently in advance to permit the Court to rule and the -5- (Case No. ) Clerk’s Office to issue the ruling. Motions for relief from length restrictions which are filed contemporaneously with the memorandum exceeding the page limits will be denied. The Court will permit only the motion with its supporting memorandum, the memorandum in opposition, and a reply. No sur-replies will be permitted absent advance leave of Court. IT IS SO ORDERED. Date Benita Y. Pearson United States District Judge -6-

=== Civil Trial Order ===

PEARSON, J. (Rev. 7/22/2013) , , Plaintiff, v. Defendants. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION CASE NO. JUDGE BENITA Y. PEARSON CIVIL TRIAL ORDER A final pre-trial conference is set for at a.m./p.m. in Chambers 313, Federal Building - United States Courthouse, 125 Market Street, Youngstown, Ohio. The trial of this matter shall begin on at 9:00 a.m. on a stand-by basis, for a period of two weeks in Courtroom 351, Federal Building - United States Courthouse, 125 Market Street, Youngstown, Ohio. Because this case is designated as a standby case, it shall be the responsibility of counsel to keep in contact with the Court’s Courtroom Deputy at 330- 884-7435, concerning the exact date and time of trial. This matter will remain on a stand-by status subject to call for a period of two (2) weeks. Counsel should appear at least 30 minutes before trial time. LEAD COUNSEL WHO WILL PRESENT AT TRIAL AND PARTIES WITH FULL SETTLEMENT AUTHORITY MUST BE PRESENT UNLESS EXCUSED BY THE COURT UPON WRITTEN MOTION. The attorney who is primarily responsible for each party’s case shall personally attend the final pre-trial conference and shall be prepared and authorized to discuss all relevant issues, including settlement. When a party is other than an (Case No. ) individual or when a party’s interests are being represented by an insurance company, an authorized representative of such party or insurance company, with full authority to settle, shall attend. Failure of counsel to comply in good faith with the following procedures may result in the imposition of sanctions. A. Trial Documents 1. Counsel are advised that all documents, notices and orders in this matter shall be filed electronically rather than on paper, except as provided for in the Electronic Filing Policies and Procedures Manual, which governs electronic filing in the Northern District of Ohio and also provides helpful information on system requirements and usage. The manual can be accessed online.1 Electronically filed documents should be in a text-searchable format. Notice of filings are sent electronically. It is the responsibility of each counsel of record to set up a user e-mail account to receive e-mail notification and to check that e-mail account on a regular basis. Directions for setting up e-mail notification are at the following link: http://www.ohnd.uscourts.gov/home/clerk-s-office-and-court-records/electronic-filing/ If you have questions about electronic filing, please call any Northern District of Ohio Clerk’s Office location or our CM/ECF Help Desk at 1-800-355-8498. 2. The following trial documents are to be submitted to the Court and opposing counsel not later than 4:00 p.m., ten (10) days prior to the trial date: 1http://www.ohnd.uscourts.gov/assets/Rules_and_Orders/Local_Civil_Rules/Local_Civil_R ules.htm 2 (Case No. ) a. b. c. Preliminary Statement: 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. This statement will be used to set the context of the trial for the jury. Voir Dire, Jury Instructions, Jury Interrogatories, and Verdict Forms: Counsel for the parties shall jointly submit written voir dire questions, jury instructions, jury interrogatories, and verdict forms for the Court’s consideration. Counsel should confer in person and, to the extent possible, agree upon a complete set of Jury Materials. Counsel may separately submit disputed proposed Jury Materials to the Court and opposing counsel, supported by legal authority. The Court may reject any proposed Jury Materials. The Court will reject any proposed Jury Materials espousing a legal theory that is not supported by a citation to sound legal authority. Ultimately, a single joint submission of jury instructions, jury interrogatories and verdict forms shall be filed, providing: (1) agreed upon instructions; (2) instructions proposed by the Plaintiff, but opposed by Defendant; and (3) instructions proposed by Defendant, but opposed by the Plaintiff. All proposed instructions shall be supported by citations to legal authority. Trial Briefs: Counsel for the parties shall submit to the Court trial briefs providing appropriate memoranda, supported by legal authority, regarding evidentiary questions and any other legal issues which may reasonably be anticipated to arise at trial. A complete trial brief includes: (1) a statement of the facts;(2) a complete discussion of the controlling law together with specific citations of statutes and case law; and (3) a discussion of any evidentiary issues likely to arise at trial. 3. Witness and exhibit lists: Counsel shall provide to the Court and opposing counsel witness and exhibit lists no later than three (3) business days prior to the trial date. The lists shall provide a brief description and the purpose of each witness to be offered, and shall list and briefly describe each item of documentary or physical evidence to be offered. Each attorney shall have a continuing obligation to supplement the party’s witness list immediately upon learning of 3 (Case No. ) any additional witness. Witnesses not listed or provided before the trial starts shall not testify at trial, and exhibits not listed shall not be introduced at trial, absent a showing of good cause. This rule applies to lay witnesses as well as expert witnesses. 4. Exhibits: All exhibits must be marked before trial in accordance with Local Civil Rule 39.1. The Court is using new technology to facilitate the viewing of exhibits by jurors. Each party must submit all exhibits on a single storage device such as a CD, DVD or USB drive. A separate CD or USB drive should be provided for the Plaintiff’s Exhibits, Defendant’s Exhibits, and any Joint Exhibits. Each party must send the exhibits to Chambers in a manner that guarantees receipt of the exhibits by noon on Friday before trial commences. The electronic copies of exhibits must be named using a naming convention similar to: <exhibit number>-<exhibit part>_<exhibit description>.<file extension>. The exhibit number MUST be a number. Exhibits with subparts can be so designated using a letter for the exhibit part. The use of the “underscore” character is required when an optional description of the exhibit is included and cannot be used elsewhere in the exhibit name. Examples of valid exhibit file names: 1-a_photograph.jpg 12_2009 Tax Statement.pdf 35d.pdf 12(a)_camera footage.wmv Any questions regarding the naming conventions for the electronically stored exhibits should be directed to David Zendlo at (216) 357-7053. 4 (Case No. ) To maintain consistency between the electronic and the paper exhibits, BOTH PARTIES SHALL LABEL THEIR EXHIBITS WITH NUMBERS. Counsel shall mark all exhibits before trial with official or similar stickers. Exhibits shall be labeled with the party followed by the exhibit number (e.g., “Plaintiff 1” or “Def 2”). The case number shall also appear on the stickers. Whenever a multi-page exhibit is used, each page of the exhibit must be separately numbered. For example, if the Plaintiff’s exhibit 1 is a three-page document, the first page should be marked as Plaintiff 1-1, the second page marked Plaintiff 1-2, etc. If there are multiple defendants, the party’s last name should precede the numbers or letters (e.g.,“Deft. Jones-1001”). Exhibit stickers are available from the Clerk on request. The Court no longer requires binders containing hard copies of exhibits, in addition to the electronic copies provided. Should the Court require hard copies, the parties shall be prepared to accommodate. 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. 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. Exhibits not identified and exchanged prior to trial shall not be introduced at trial, absent a showing of good cause. 5. Undisputed Fact Stipulation: Counsel for Plaintiff shall prepare and submit to opposing counsel at least fourteen (14) days prior to the pretrial conference, a proposed stipulation as to undisputed facts for use at trial, and for submission to the jury in the event of a 5 (Case No. ) jury trial. Opposing counsel shall add to and note disagreement, if any, with the proposed stipulation and so notify counsel for Plaintiff as to proposed additions, deletions, or objections ten (10) days prior to the pretrial conference. At least seven (7) days prior to the pre-trial conference, Counsel shall meet and put in final form the stipulation as to undisputed facts, reserving any objections as to relevancy, and submit the signed stipulation to the Court three (3) days prior to the pretrial conference via the Court’s electronic filing system. The final stipulation is intended to expedite the fact-finding process at trial. Copies of the stipulation will be submitted to the jury in all jury trials. Only the final agreed upon stipulation should be filed with the Court. Copies of any documents to which the parties have stipulated should be appended to the stipulation. B. Use of Depositions as Evidence If the parties intend to use any deposition as evidence during the trial, the parties must file these depositions by the time of the final pretrial conference with the portions to be read noted therein. An opportunity will be given to opposing counsel to read any omitted portion. Counsel will be notified at trial of rulings on all objections pertaining to the depositions. Use at trial of videotape depositions is encouraged. The parties are specifically direct to comply with the provisions of LR 32.1. In addition, when videotape depositions will be presented in lieu of live trial testimony, counsel must file with the Court a complete written transcript of the videotape deposition prior to its use. 6 (Case No. ) C. Non-Jury Cases For matters not submitted to a jury, the Court requires counsel to submit at least one (1) week prior to the scheduled trial date (1) a statement of the issues, (2) proposed findings of fact, and (3) proposed conclusions of law. The proposed findings of fact must cite the particular witness(es) and physical evidence upon which each proposed finding is based. Likewise, the proposed conclusions of law must cite the direct legal authority upon which each proposed legal conclusion is based. The Court may also order the parties to submit post-trial briefs. These briefs will be limited to specific questions assigned by the Court during or after trial. The Court may also permit counsel to file supplemental findings of fact and conclusions of law following the trial. The parties must exchange any post-trial briefs, as well as any supplemental findings of fact or conclusions of law. D. Other Trial Matters 1. Objections: Any objections to a proposed witness or exhibit shall be filed and served no later than 12:00 p.m. noon one (1) business day before the trial. Such objections shall include a brief statement as to 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. 2. Motions in Limine and Other Evidentiary Matters: Counsel shall submit a trial memorandum with citations in support of a request to exclude evidence. If the qualifications of an expert witness are being challenged, the Court will conduct a Daubert hearing before trial. The Court expects counsel to submit thorough briefs and/or a voir dire of the expert’s testimony 7 (Case No. ) so that the Court has sufficient evidence to perform it’s gatekeeping function of ensuring the expert’s testimony is reliable and relevant. The Court will not hold bench or chamber conferences during trial to consider legal issues including evidentiary rulings that could have been raised before trial without a showing that counsel could not, by the exercise of due diligence, have anticipated them in advance of trial. 3. Courtroom Conduct and Procedure: a. b. c. Counsel should expect the trial to be conducted from 9:00 a.m. to 4:00 p.m., Monday through Friday. Counsel will be notified of an occasional variance to this schedule; Counsel should arrive 30 minutes prior to the start of a day in trial; When appearing in this Court, all counsel (including, where the context applies, all persons at counsel table) shall abide by the following: i. ii. iii. iv. v. Stand as court is opened, recessed or adjourned. Stand when the jury enters or retires from the courtroom. Stand when addressing the Court. When making an objection, state the legal basis only. If a response is necessary, be brief, without making a speech. If it is critical to the case that counsel be heard in more detail, a bench conference may be called to explain the basis for an objection. Otherwise, bench conferences will not be permitted. Stand at the lectern while examining any witness; except that counsel may approach the witness for purposes of handling or tendering exhibits. Stand at the lectern while making opening statements or closing arguments. 8 (Case No. ) vi. Address all remarks to the Court, not to opposing counsel. vii. viii. ix. x. xi. xii. Avoid disparaging personal remarks or acrimony toward opposing counsel and remain wholly detached from any ill feeling between the litigants or witnesses. Refer to all persons, including witnesses, other counsel, the parties and the Court’s clerks by their surnames and not by their first or given names. Only one attorney for each party shall examine, or cross examine each witness. The attorney stating objections, if any, during direct examination, shall be the attorney recognized for cross examination. Any witness testifying at the time of recess or adjournment must be back on the witness stand when the Court reconvenes. If a new witness is to be called, she must be standing in front of the witness box ready to be sworn. In examining a witness, counsel shall not unnecessarily repeat or echo the answer given by the witness. Gestures, facial expressions, audible comments, or the like, as manifestations of approval or disapproval during the testimony of witnesses, or at any other time, are absolutely prohibited. 4. Daily Transcripts: Counsel shall advise the Court no later than three (3) days prior to the date of trial, if daily transcripts of the trial testimony will be requested. 5. Continuances: The Court will not continue a trial or hearing without a written motion stating the reason for the request, endorsed in writing by all moving parties and their lead counsel of record. 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 9 (Case No. ) and served not less that fifteen (15) days after counsel becomes aware of the conflict, and not less that thirty (30) days before trial. 6. Conduct of Counsel In addition to that provided herein, pursuant to the Statement on Professionalism issued by the Supreme Court of Ohio on February 3, 1997, counsel are directed to be courteous and civil in all oral and written communications with each other and the Court. Pleadings or any other communications which do not conform to this standard will be rejected. 7. Location of Counsel: Counsel are required to remain in the proximity of the Courtroom during jury deliberations. If you need to leave the immediate area, you are required to report to the courtroom deputy. 8. Video Conference Technology: Witness testimony may be offered during trial via Video Conference Technology. Docketed Notice must be given of intent to call a witness via video conference at least one week prior to the start of trial. It is Counsel’s responsibility to find a location for the witness to receive a video conference call from the Court during trial. Counsel is required to work with the Court’s IT Department and Courtroom Deputy in advance of trial to test the technology and be sure the video conference communication works in the courtroom. It is also Counsel’s responsibility to ensure that the witness, Court and opposing counsel have all necessary exhibits. Counsel must be prepared to assure the Court that the witness is who he or she claims to be. Counsel implicitly makes this assurance whenever a witness is called. But, the likelihood of a video conferenced witness being an imposter is greater than if the witness were live. 10 (Case No. ) 9. Settlement: If the parties reach a settlement in the case, counsel are directed to notify the Court immediately by calling 330-884-7435. FAILURE TO DO SO MAY RESULT IN THE IMPOSITION OF SANCTIONS in the event that the Court or the Court’s law clerks spend time resolving pending motions after the failure to notify regarding settlement. Jury costs will be assessed pursuant to Local Rule 54.1 if settlement is achieved after a jury has been called. E. Electronic Courtroom The Court is pleased to have one of the most technologically advanced courtrooms in the United States. This courtroom features, among other things, the technology necessary to present evidence in a video format. The Court encourages counsel to utilize this technology whenever appropriate. Counsel bears the responsibility for developing proficiency with this new technology prior to trial. Counsel are encouraged to test their exhibits and technology in the Courtroom immediately before or after the final pretrial by making an appointment with the Court’s Courtroom Deputy who may be contacted at 330-884-7435. Counsel are also encouraged to visit the Court’s website at http://www.ohnd.uscourts.gov/home/courtroom-support/jers/ to obtain information on scheduled training sessions. IT IS SO ORDERED. Date Benita Y. Pearson United States District Judge 11

=== Criminal Trial Order ===

PEARSON, J. (Rev. 8/29/2013) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION UNITED STATES OF AMERICA, v. , Plaintiff, Defendant. CASE NO. CRIMINAL PRETRIAL and TRIAL ORDER JUDGE BENITA Y. PEARSON Trial of this matter shall begin on __________________ at 9:00 a.m., in Courtroom 351, Federal Building - United States Courthouse, 125 Market Street, Youngstown, Ohio. Counsel should appear at least 30 minutes before trial time. LEAD COUNSEL AND DEFENDANTS MUST BE PRESENT AT ALL PROCEEDINGS UNLESS EXCUSED BY THE COURT UPON WRITTEN MOTION. A. General 1. General Order No. 93-02 of the United States District Court for the Northern District of Ohio, adopted May 25 1993 (Jury Utilization Management Plan), provides that “plea negotiations must be completed by a date certain in advance of the scheduled trial.” Id. at 4. Accordingly, the Court will rarely accept a plea agreement submitted later than one week prior to the trial date. In the event the Court does accept such a plea on the day of trial, for good cause shown, the costs for summoning jurors for one (1) day of service shall be assessed equally against the Government and the Defendant(s), if a jury has been summoned, unless a different arrangement is agreed to by the parties. (Case No. ) 2. Motions to travel that are filed within 48 hours of the requested travel will be denied. Motions must indicate whether the AUSA objects or explain why the AUSA has not been consulted. 3. Pursuant to Local Criminal Rule 17.1.1 counsel shall comply with each of the following requirements: a. b. c. Discovery shall be completed on or before . On the discovery cutoff date, counsel shall notify the Court in writing of any failure to provide discovery material. Requests for discovery shall be docketed as “Notices.” Only when Court intervention is required shall a request for discovery be docketed as a “Motion.” Pretrial motions shall be filed on or before . Each motion filed shall explicitly state the foundation for it, pursuant to Local Criminal Rule 12.1. Responses to pretrial motions shall be filed by . The Court shall conduct a final pretrial conference in Courtroom 351, Federal Building - United States Courthouse, 125 Market Street, Youngstown, Ohio on at a.m./p.m. Other pretrial hearings will be scheduled as needed. Before seeking an enhanced sentence or other increased punishment due to a prior conviction, no later than , Government’s counsel must file a notice in accordance with 21 USC section 851 or any other relevant enhancement provision. Should Defendant choose to enter a plea of guilty, a Notice of Intent must be filed prior to the final pretrial conference and a copy of the plea agreement, if any, provided to the Court via email to [email protected]. B. Trial Documents 1. Counsel are advised that all documents, notices and orders in this matter shall be filed electronically rather than on paper, except as provided for in the Electronic Filing Policies and Procedures Manual, which governs electronic filing in the Northern District of Ohio and also provides helpful information on system requirements and usage. The manual can be accessed 2 (Case No. ) online.1 Electronically filed documents should be in a text-searchable format. Notice of filings are sent electronically. It is the responsibility of each counsel of record to set up a user e-mail account to receive e-mail notification and to check that e-mail account on a regular basis. Directions for setting up e-mail notification are at the following link: http://www.ohnd.uscourts.gov/home/clerk-s-office-and-court-records/electronic-filing/ If you have questions about electronic filing, please call any Northern District of Ohio Clerk’s Office location or our CM/ECF Help Desk at 1-800-355-8498. 2. The following trial documents are to be submitted to the Court not later than 4:00 p.m., ten (10) days prior to the trial date: a. b. Preliminary Statement: 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. This statement will be used to set the context of the trial for the jury. Voir Dire, Jury Instructions, Jury Interrogatories, and Verdict Forms: Counsel for the parties shall jointly submit written voir dire questions, jury instructions, jury interrogatories, and verdict forms for the Court’s consideration. Counsel should confer in person and, to the extent possible, agree upon a complete set of Jury Materials. Counsel may separately submit disputed proposed Jury Materials to the Court and opposing counsel, supported by legal authority. The Court may reject any proposed Jury Materials. The Court will reject any proposed Jury Materials espousing a legal theory that is not supported by a citation to sound legal authority. Ultimately, a single joint submission of jury instructions, jury interrogatories and verdict forms shall be filed, providing: (1) agreed upon instructions; (2) instructions proposed by the government, but opposed by defendant; 1http://www.ohnd.uscourts.gov/assets/Rules_and_Orders/Local_Civil_Rules/Local_Civil_R ules.htm 3 (Case No. ) and (3) instructions proposed by defendant, but opposed by the government. All proposed instructions shall be supported by citations to legal authority. c. Trial Briefs: Counsel for the parties shall submit to the Court, ex parte if necessary, trial briefs providing appropriate memoranda, supported by legal authority, regarding evidentiary questions and any other legal issues which may reasonably be anticipated to arise at trial. A complete trial brief includes: (1) a statement of the facts;(2) a complete discussion of the controlling law together with specific citations of statutes and case law; and (3) a discussion of any evidentiary issues likely to arise at trial. 3. Witness lists: Counsel shall provide to the Court, not exchange, witness lists no later than three (3) business days prior to the trial date. The witness lists shall provide a brief description and the purpose of each witness to be offered. Each attorney shall have a continuing obligation to supplement the party’s witness list immediately upon learning of any additional witness. 4. Exhibits: All exhibits must be marked before trial in accordance with Local Criminal Rule 23.2. The Court is using new technology to facilitate the viewing of exhibits by jurors. Each party must submit all exhibits on a single storage device such as a CD, DVD or USB drive. A separate CD or USB drive should be provided for the Government’s Exhibits, Defendant’s Exhibits, and any Joint Exhibits. Each party must send the exhibits to Chambers in a manner that guarantees receipt of the exhibits by noon on Friday before trial commences. The electronic copies of exhibits must be named using a naming convention similar to:<exhibit number>-<exhibit part>_<exhibit description>.<file extension>. The exhibit number MUST be a number. Exhibits with subparts can be so designated using a letter for the exhibit part. 4 (Case No. ) The use of the “underscore” character is required when an optional description of the exhibit is included and cannot be used elsewhere in the exhibit name. Examples of valid exhibit file names: 1-a_photograph.jpg 12_2009 Tax Statement.pdf 35d.pdf 12(a)_camera footage.wmv Any questions regarding the naming conventions for the electronically stored exhibits should be directed to David Zendlo at (216) 357-7053. To maintain consistency between the electronic and the paper exhibits, BOTH PARTIES SHALL LABEL THEIR EXHIBITS WITH NUMBERS. Counsel shall mark all exhibits before trial with official or similar stickers. Exhibits shall be labeled with the party followed by the exhibit number (e.g., “Government 1” or “Def 2”). The case number shall also appear on the stickers. Whenever a multi-page exhibit is used, each page of the exhibit must be separately numbered. For example, if the Government’s exhibit 1 is a three-page document, the first page should be marked as Government 1-1, the second page marked Government 1-2, etc. If there are multiple defendants, the party’s last name should precede the numbers or letters (e.g.,“Deft. Jones-1001”). Exhibit stickers are available from the Clerk on request. The Court no longer requires binders containing hard copies of exhibits, in addition to the electronic copies provided. Should the Court require hard copies, the parties shall be prepared to 5 (Case No. ) accommodate. If demonstrative evidence such as models or sketches, are to be used at trial, counsel shall exchange them no later than two (2) business days prior to the date of 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. Exhibits not identified and exchanged prior to trial shall not be introduced at trial, absent a showing of good cause. This rule applies to lay witnesses as well as to expert witnesses. 5. Stipulations: Not later than 4:00 p.m., three (3) days prior to the trial date, counsel for the parties shall confer in person and agree upon stipulations and reduce them to writing. Stipulations of fact are strongly encouraged to eliminate the need for testimony of witnesses to facts which are not in dispute. Stipulations shall be signed by counsel and defendant(s) and submitted to the Court. C. Other Trial Matters 1. Objections: Any objections to a proposed witness or exhibit shall be filed and served no later than 12:00 p.m. noon one (1) business day before the trial. Such objections shall include a brief statement as to 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. 2. Jencks and Reciprocal Jencks Material: Unless there is a well-founded concern for the safety of the witness, the parties are strongly encouraged to provide Jencks and reciprocal Jencks 6 (Case No. ) material no later than the close of proceedings the day before the witness is expected to testify. 3. Motions in Limine and Other Evidentiary Matters: Counsel shall submit a trial memorandum with citations in support of a request to exclude evidence. If the qualifications of an expert witness are being challenged, the Court will conduct a Daubert hearing before trial. The Court expects counsel to submit thorough briefs and/or a voir dire of the expert’s testimony so that the Court has sufficient evidence to perform it’s gatekeeping function of ensuring the expert’s testimony is reliable and relevant. The Court will not hold bench or chamber conferences during trial to consider legal issues including evidentiary rulings that could have been raised before trial without a showing that counsel could not, by the exercise of due diligence, have anticipated them in advance of trial. 4. Courtroom Conduct and Procedure: a. b. c. Counsel should expect the trial to be conducted from 9:00 a.m. to 4:00 p.m., Monday through Friday. Counsel will be notified of an occasional variance to this schedule; Counsel should arrive 30 minutes prior to the start of a day in trial; When appearing in this Court, all counsel (including, where the context applies, all persons at counsel table) shall abide by the following: A. B. C. Stand as court is opened, recessed or adjourned. Stand when the jury enters or retires from the courtroom. Stand when addressing the Court. When making an objection, state the legal basis only. If a response is necessary, be brief, without making a speech. If it is critical to the case that counsel be heard in more detail, a bench conference may be called to explain the basis for an objection. 7 (Case No. ) D. E. F. G. H. I. J. K. L. Otherwise, bench conferences will not be permitted. Stand at the lectern while examining any witness; except that counsel may approach the witness for purposes of handling or tendering exhibits. Stand at the lectern while making opening statements or closing arguments. Address all remarks to the Court, not to opposing counsel. Avoid disparaging personal remarks or acrimony toward opposing counsel and remain wholly detached from any ill feeling between the litigants or witnesses. Refer to all persons, including witnesses, other counsel, the parties and the Court’s clerks by their surnames and not by their first or given names. Only one attorney for each party shall examine, or cross examine each witness. The attorney stating objections, if any, during direct examination, shall be the attorney recognized for cross examination. Any witness testifying at the time of recess or adjournment must be back on the witness stand when the Court reconvenes. If a new witness is to be called, she must be standing in front of the witness box ready to be sworn. In examining a witness, counsel shall not unnecessarily repeat or echo the answer given by the witness. Gestures, facial expressions, audible comments, or the like, as manifestations of approval or disapproval during the testimony of witnesses, or at any other time, are absolutely prohibited. 5. 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 8 (Case No. ) dates will not be considered unless the conflicting assignment is adequately described in the motion. The motion shall be filed and served not less that fifteen (15) days after counsel becomes aware of the conflict, and not less that thirty (30) days before trial. 6. Conduct of Counsel: In addition to that provided herein, pursuant to the Statement on Professionalism issued by the Supreme Court of Ohio on February 3, 1997, counsel are directed to be courteous and civil in all oral and written communications with each other and the Court. Pleadings or any other communications which do not conform to this standard will be rejected. 7. Location of Counsel: Counsel are required to remain in the proximity of the Courtroom during jury deliberations. If you need to leave the immediate area, you are required to report to the courtroom deputy. 8. Incarcerated Defendants: Counsel must provide proper attire for defendants in custody. The attire must be given to the United States Marshals Service in Youngstown, Ohio prior to voir dire. 9. Video Conference Technology: Witness testimony may be offered during trial via Video Conference Technology. Docketed Notice must be given of intent to call a witness via video conference at least one week prior to the start of trial. It is Counsel’s responsibility to find a location for the witness to receive a video conference call from the Court during trial. Counsel is required to work with the Court’s IT Department and Courtroom Deputy in advance of trial to test the technology and be sure the video conference communication works in the courtroom. It is also Counsel’s responsibility to ensure that the witness, Court and opposing counsel have all necessary 9 (Case No. ) exhibits. Counsel must be prepared to assure the Court that the witness is who he or she claims to be. Counsel implicitly makes this assurance whenever a witness is called. But, the likelihood of a video conferenced witness being an imposter is greater than if the witness were live. 10. Notices of Intent to Plead Guilty: shall be filed at least two business days before the final pretrial hearing, unless the Court otherwise rules. IT IS SO ORDERED. UNITED STATES DISTRICT JUDGE 10

=== Aubriellen and Tiffany Wheatley ===

Case: 4:22-cv-01439-BYP Doc #: 8 Filed: 06/17/25 1 of 2. PageID #: 72 PEARSON, J. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION TIFFANY D. WHEATLEY, Plaintiff, v. Boardman Township et al., Defendants. CASE NO. 4:22CV1439 JUDGE BENITA Y. PEARSON ORDER [Resolving ECF Nos. 5, 6, and 7] Pending are Non-party Aubriellen Wheatley’s Limited Pro Se Motion to effect emergency joinder (ECF No. 5), Motion for Appointment of Counsel (ECF No. 6), and Motion to Intervene (ECF No. 7). These motions appear to be another attempt by non-party Aubriellen Wheatley to raise new issues in a closed case. See Case No. 4:24CV987, NDOH. The Court has been advised, having reviewed the record, the motions, and the applicable law. For the reasons below, the motions are denied. The case is closed. There is no pending federal court action in which Aubriellen Wheatley can intervene or join, and there is no pending case in which counsel needs to be appointed. Furthermore, she lacks standing to attempt to reopen the case as she was not a party to this action, has not been appointed as the legal guardian of a party to this action, and is not an attorney licensed to practice law. Accordingly, the motions filed by Abriellen Wheatley (ECF Nos. 5, 6, and 7) are denied. Case: 4:22-cv-01439-BYP Doc #: 8 Filed: 06/17/25 2 of 2. PageID #: 73 (4:22CV1439) Additionally, Abriellen Wheatley and Tiffany Wheatley are enjoined from filing any new documents in this case. Any additional attempts to submit new documents in this closed case may result in the imposition of additional sanctions, including an Order permanently enjoining them from filing any new action without leave of court. The Clerk’s Office is hereby instructed not to accept any future filings by Abriellen Wheatley and/or Tiffany Wheatley in the case at bar. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. The Clerk of Court is directed to issue a copy of this Order by regular mail to Tiffany D. Wheatley, 3135 Lorain Avenue, Cleveland, Ohio 44113; and Aubriellen Wheatley, 20829 Emerald Parkway, Cleveland, Ohio 44135. IT IS SO ORDERED. June 17, 2025 Date /s/ Benita Y. Pearson Benita Y. Pearson United States District Judge 2 Case: 4:24-cv-00987-BYP Doc #: 26 Filed: 06/13/25 1 of 2. PageID #: 210 PEARSON, J. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION TIFFANY D. WHEATLEY, Plaintiff, v. HON. ANTHONY D’APOLITO, et al., Defendants. CASE NO. 4:24CV0987 JUDGE BENITA Y. PEARSON ORDER [Resolving ECF Nos. 18, 19, 20, 21, 23, and 24] Pending are Non-party Aubriellen Wheatley’s Motion to Intervene (ECF No. 18), Motion for Appointment of Counsel (ECF No. 19), Limited Pro Se Motion to Effect Emergency Joinder (ECF No. 20), Emergency Motion for Relief Regarding Rights Violations and Abuse of Power (ECF No. 21), “Plaintiffs Case Initiating Complaint for Three Judge Panel Under 28 USC 2283, and 2284(a)(b) in an Action for Damages Under 42 USC 1985 and 1986 inter alia” (ECF No. 23) (treated as a Motion for Hearing), and Motion for Reconsideration (ECF No. 24). The Court has been advised, having reviewed the record, the motions, and the applicable law. For the reasons below, the motions are denied. The Court previously denied Relator Aubriellen Wheatley’s Emergency Motion to Intervene as Next Friend and as Indispensable Party (ECF No. 13). See Order (ECF No. 22). The case is closed. There is no pending federal court action in which Aubriellen Wheatley can intervene or join, and there is no pending case in which counsel needs to be appointed. Furthermore, she lacks standing to attempt to reopen it as she was not a party to this action, has Case: 4:24-cv-00987-BYP Doc #: 26 Filed: 06/13/25 2 of 2. PageID #: 211 (4:24CV0987) not been appointed as the legal guardian of a party to this action, and is not an attorney licensed to practice law. Accordingly, the six new Motions which Abriellen Wheatley filed (ECF Nos. 18, 19, 20, 21, 23, and 24) are denied. Finally, Abriellen Wheatley and Tiffany Wheatley are enjoined from filing any new documents in this case. Any additional attempts to submit new documents in the case may result in the imposition of additional sanctions, including an Order permanently enjoining them from filing any new action without leave of court. The Clerk’s Office is hereby instructed not to accept any future filings by Abriellen Wheatley and/or Tiffany Wheatley in the case at bar. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. The Clerk of Court is directed to issue a copy of this Order by regular mail to Tiffany D. Wheatley, 3135 Lorain Avenue, Cleveland, Ohio 44113; and Aubriellen Wheatley, 20829 Emerald Parkway, Cleveland, Ohio 44135. IT IS SO ORDERED. June 13, 2025 Date /s/ Benita Y. Pearson Benita Y. Pearson United States District Judge 2

=== Rule 404(b) ===

Fed. R. Evid. 404(b) was amended, effective December 1, 2020. As amended, Rule 404(b)(3)(B) provides that the Government must “articulate in the notice the permitted purpose for which the prosecutor intends to offer the evidence and the reasoning that supports the purpose.” The advisory committee notes clarify that “[t]he prosecution must not only identify the evidence that it intends to offer pursuant to the rule but also articulate a non-propensity purpose for which the evidence is offered and the basis for concluding that the evidence is relevant in light of this purpose.” Fed. R. Evid. 404, Advisory Committee’s Note to 2020 Amendment. This amendment was intended to combat the mistaken understanding by some courts that the Government could “satisfy the notice obligation without describing the specific act that the evidence would tend to prove, and without explaining the relevance of the evidence for a non-propensity purpose.” Id. Therefore, Defendant is entitled to notice containing descriptions of the specific bad acts the Government’s evidence would tend to prove, as well as the purpose for their admission. This amendment, however, does not disturb the prior advisory committee note that the prosecution is not required “to disclose directly or indirectly the names and addresses of its witnesses. . . .” Fed. R. Evid. 404, Advisory Committee’s Note to 1991 Amendment. Nor is the amendment inconsistent with existing caselaw holding that the Government has no obligation to supply a Rule 404(b) notice identifying documents or other evidence regarding, or witnesses with knowledge of, the bad acts. See United States v. Mills, No. 16-cr-20460, 2019 WL 409659, at *5 (E.D. Mich. Feb. 1, 2019) (collecting cases). Therefore, Defendant is not entitled to disclosure of witness identities or evidence regarding the underlying bad acts. Accordingly, the Government shall provide formal written notice of its intent to introduce Rule 404(b) evidence, with content conforming to the amended rule no later than 10 days prior to the trial date. See, e.g., United States v. French, 974 F.2d 687, 694-95 (6th Cir. 1992) (one week deemed reasonable notice for Rule 404(b) purposes); United States v. Paul, 57 F. App’x 597, 607 (6th Cir. 2003) (same). Extrinsic evidence subject to Rule 404(b)’s notice requirements will be excluded unless the Government can establish good cause justifying its failure to provide notice. See Fed. R. Evid. 404(b)(3)(C).