Case Management Conference Scheduling Order; Case Management Plan; Order Scheduling Settlement Conference and Preparation Requirements; Social Security Scheduling Order; Subpoena Requirements; Trial Order - Civil; Trial Order - Criminal

=== Case Management Conference Scheduling Order ===

PLEASE READ CAREFULLY Counsel of record is charged with the duty to read and follow this entire order. FAILURE TO FOLLOW THE REQUIREMENTS OF THIS ORDER MAY RESULT IN THE IMPOSITION OF SANCTIONS Also, view the Judge’s “Judicial Preferences” on the website at http://www.ohnd.uscourts.gov. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION John Doe, et al., vs. Jane Doe, et al., Plaintiffs, Defendants. CASE NO. 5:09CV585 JUDGE JOHN R. ADAMS CASE MANAGEMENT CONFERENCE SCHEDULING ORDER All counsel and/or parties will take notice that the above-entitled action has been set for a Case Management Conference (“CMC”) on Tuesday, July 15, 2008 at 10:00 a.m., before Judge John R. Adams, in Conference Room 588, U.S. Courthouse, 2 South Main Street, Akron, Ohio. Photo ID is required to enter the courthouse. Lead counsel, parties with full settlement authority, and a representative with full settlement authority of any Insurance Carrier must be present and have calendars available for scheduling. See LR 16.3(b). “Parties” means the named individuals or, in the case of a corporation or similar legal entity, a person who has settlement authority. Absent leave of court, failure of the attorneys and parties or party representatives to appear may result in the imposition of sanctions. 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. CONSENT TO JURISDICTION OF MAGISTRATE JUDGE Magistrate Judge Limbert has been assigned to assist in this case. The parties are encouraged to discuss and consider consenting to the jurisdiction of the Magistrate Judge (see Attachment #3). Any consent to the jurisdiction of the Magistrate Judge must be filed with the Court no later than fourteen (14) days prior to the CMC. CASE MANAGEMENT / TRACK ASSIGNMENT This case is subject to the provisions of Differentiated Case Management (DCM) as set forth in the Local Rules of the Northern District of Ohio effective on January 2, 1992 as renumbered on April 7, 1997. 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 16.2(a)(1) and assign it to one of the case management tracks described in LR 16.2(a)(2). Each of the tracks (expedited, standard, complex, mass tort and administrative) has its own set of guidelines and time lines governing discovery practice, motion practice and trial. Discovery shall be guided by LR 26.1 and motion practice shall be guided by LR 7.1(b)-(k). APPLICATION OF FED. R. CIV. P. 26(a) Rule 26(a) of the Federal Rules of Civil Procedure mandates a series of required disclosures by the parties in lieu of discovery requests. Only certain categories of proceedings, specified in Rule 26(a)(1)(E), are exempt from the requirement of initial disclosures. If a party wishes to object to the requirement of initial disclosures, it must do so as part of the planning meeting report. These disclosures must be made no later than 14 days before the CMC. Failure to timely provide these disclosures may result in the imposition of sanctions. FORMAL DISCOVERY STAYED UNTIL CMC Notwithstanding the above, no preliminary formal discovery may be conducted prior to the 2 CMC except such discovery as is necessary and appropriate to support or defend against any challenge to jurisdiction or claim for emergency, temporary, or preliminary relief. This limitation in no way affects the disclosures required by Fed. R. Civ. P. 26(a)(1) or by this order. PREPARATION FOR CMC BY COUNSEL The general agenda for the CMC is set by LR 16.3(b)(2). It is the responsibility of counsel for Plaintiff(s) to arrange with opposing counsel for the meeting of the parties as required by Fed. R. Civ. P. 26(f) and LR 16.3(b)(3). A jointly signed report of this planning meeting shall be filed no later than 3 business days before the CMC. A planning meeting report form, located at Attachment #1, is provided for the parties’ convenience. At least fourteen (14) days prior to meeting with the Court, Plaintiff(s) shall have made a demand with a written description and monetary breakdown of the damages claimed, and no later than seven (7) days thereafter, Defendant(s) shall have responded with an offer. This is to be included in the Parties’ Planning Meeting Report. 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. 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 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. Materials may only be filed under seal pursuant to LR 5.2. 3 COURTESY COPIES Chambers will not accept courtesy copies of pleadings or memoranda unless expressly requested by the Court. Exception: Any pleadings or memoranda not electronically filed and due within two (2) business days of a conference/hearing/trial shall be faxed to the Court as well as opposing counsel on the same day it is manually filed. The Court’s fax number is 330-252-6077. DEPOSITIONS PRACTICES LR 30.1 governs the taking of depositions. A copy of the this rule is located at Attachment #2. Counsel are expected to comply with the rule in its entirety. PRELIMINARY ESTIMATE/BUDGET OF FEES AND EXPENSES REPORT Certain claims allow for or entitle prevailing parties to collect attorney fees from the other party. If this case contains such a claim, each party must bring to the CMC a preliminary estimate and/or budget of the amount of fees and expenses anticipated to be the subject of any such claim. A Preliminary Estimate/Budget of Amount of Fees and Expenses form, located at Attachment #4, is provided for the parties’ convenience. Lead counsel of record shall provide a copy of this report to his or her client prior to the CMC. These reports will be exchanged at the CMC. RESOLUTION PRIOR TO CMC In the event that this case is resolved prior to the CMC, counsel shall submit a jointly signed stipulation of settlement or dismissal, and notify the Court immediately by telephone or fax that the same is forthcoming. ELECTRONIC FILING Pursuant to LR 5.1(c) the Court requires attorneys to receive notice of filings and to file documents electronically, absent a showing of good cause, unless otherwise excused by the rules, procedures or Orders of the Court. While parties and pro se litigants may register to receive “read only” electronic filing accounts so that they may access documents in the system and receive 4 electronic notice, only registered attorneys, as Officers of the Court, will be permitted to file electronically rather than on paper, except as provided for in the Electronic Filing Policies and Procedures Manual (Attachment #5). The manual governs electronic filing in the Northern District of Ohio and also provides helpful information on system requirements and usage. If it has not already been done, Attorney Registration Forms should be completed by counsel and returned to the Clerk of Court as soon as possible so that attorney user accounts can be established. An Attorney Registration Form is Appendix B to the Policy and Procedures Manual. 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 all documents filed electronically. Upon receipt of the identification names and passwords, counsel should verify their ability to file and retrieve documents electronically using the Court’s test system. Test case numbers 97-5001 through 97-5025 have been established for this purpose. Counsel are encouraged to experiment extensively with the test system prior to filing or retrieving documents from the live system. Both the live and test systems can be accessed at: http://ecf.ohnd.uscourts.gov 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. It is the responsibility of counsel to turn on their e-mail notification and check their mailboxes on a regular basis. IT IS SO ORDERED. Date: July 2, 2008 /s/John R. Adams John R. Adams U.S. District Judge 5

=== Case Management Plan ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Plaintiff(s), vs. Defendant(s). JUDGE JOHN R. ADAMS CASE NO. 5:00CV0000 CASE MANAGEMENT PLAN 1. 2. The Case Management Conference was conducted on . After consultation with the parties and counsel, the Court determined that this case will proceed on the track. 3. The case was referred to Alternative Dispute Resolution (ADR): Yes No Decision delayed If yes, by the following ADR process: Early Neutral Evaluation / Mediation / Arbitration / Summary Jury Trial / Summary Bench Trial. 4. The parties did / did not consent to the jurisdiction of a United States Magistrate Judge pursuant to 28 U.S.C. §636(c) at this time. 5. Discovery cutoff date: . Discovery shall be conducted according to the guidelines set forth in Local Rule 26.1 and according to this Case Management Plan. Stipulations or agreements by counsel to extend deadlines will not be grounds for extending limitations set in the CMC. . Discovery Materials: No discovery materials shall be filed without leave of Court, 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 that any other party who believes the excerpts offered are not sufficient is free to file the entire deposition. In any event, discovery 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. Discovery disputes: Counsel should comply with Local Rule 37.1 before filing discovery motions. 6. Dispositive motions deadline: Briefing schedule: Counsel are directed to follow the briefing schedule set forth at Local Rule 7.1 (e) and (f) for dispositive motions. That is, each party shall serve and file a memorandum in opposition to a dispositive motion within thirty (30) days after service of the motion. The moving party may serve and file a reply memorandum in support of its motion within ten (10) days after service of the memorandum in opposition. Pursuant to Fed. R. Civ. P. 6(e), three (3) days shall be added to the prescribed period if service is by mail. No surreplies will be permitted absent advance leave of Court. Page Limitations: The Court will strictly enforce provisions regarding length of memoranda filed in support of motions. See Local Rule 7.1(g). 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 Clerk’s Office to issue the ruling by regular mail. Motions for relief from length 2 restrictions which are filed contemporaneously with the memorandum exceeding the page limits will be denied. In no event shall the request to exceed page limitations extend the time for filing of the underlying memorandum. Courtesy copies: Chambers will not accept courtesy copies of pleadings or memoranda unless expressly requested by the Court. Exception: Any pleadings or memoranda not filed electronically and due within two (2) business days of a conference/hearing/trial shall be faxed to the Court as well as opposing counsel on the same day it is filed. The Court’s fax number is 330-375-5875. 7. 8. 9. The deadline for amending pleadings and adding parties: . A status conference will be held in this matter on at A Settlement Conference, at which time the trial and final pretrial conference dates may be determined, is scheduled for at a.m./p.m. Counsel and parties must attend and be prepared to discuss settlement. If a party is a corporation or other legal entity, a person with full settlement authority must be present. Settlement Report: Counsel shall confer in person or by phone within seventy-two (72) hours of the status hearing or settlement conference to outline and, if possible, resolve pending matters before the hearing. At least two (2) business days prior to the settlement conference, counsel shall FAX to the Court (but not file) a single joint, concise (not to exceed 2 pages) settlement report describing: (a) (b) (c) a brief overview of the material facts, the status of discovery including any outstanding discovery issues, the status of settlement negotiations setting forth a demand and corresponding offer. Plaintiff(s) shall have prepared a written description and monetary breakdown of damages claimed. a statement of issues to be addressed by the Court including any pending motions. and (d) The Court’s fax number is 330-375-5875. 10. Status Reports: Beginning forty-five (45) days from the date of this order, counsel shall 3 submit status reports to the Court every forty-five (45) days during the pendency of this matter. Status reports are to briefly state the following: (1) discovery that has occurred during the reporting period; (2) settlement discussions that have occurred during the reporting period; (3) motions that have been filed or remained pending during the reporting period; and (4) any developments that might give rise to a request to deviate from the schedule outlined in this case management plan. These are to be procedural reports; they are not to contain substantive discussions of the merits of any claims or defenses asserted. Failure to file status reports will automatically deprive a party of the right to seek extensions of time to perform any acts required under this order or under any applicable federal or local rule procedure. Repeated failures to file status reports could result in additional sanctions, including dismissal of claims or defenses under Rule 41(b). If any party wishes to disclose, in a status report, sensitive procedural matters (e.g., a request for a settlement conference , or personal reasons why extensions of time are required), that party may submit their status report ex parte. 11. Correspondence with the Court: Parties and counsel are advised that non-motion or pleading correspondence other than referred to in this order is DISCOURAGED. Telephonic requests, notices, or inquiries are NOT appropriate. 12. Interim Requests for Status Conference: Parties wishing a conference before the Court on any issues other than discovery disputes (which are covered under paragraph 5 of this Plan) must submit a letter to the Court: (a) (b) certifying that counsel have made a good faith effort to resolve those issues, and outlining the issue(s) requiring the Court’s attention. 13. Conduct of counsel: 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 4 written communications with each other and the Court. Pleadings which do not conform to this standard will be rejected. IT IS SO ORDERED. Date John R. Adams U.S. District Judge 5

=== Order Scheduling Settlement Conference and Preparation Requirements ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Plaintiff, vs. Defendant. JUDGE JOHN R. ADAMS ) CASE NO. 5:00CV0000 STANDING ORDER SCHEDULING SETTLEMENT CONFERENCE AND PREPARATION REQUIREMENTS This case has been scheduled for a settlement conference before United States District Judge John R. Adams on Tuesday, Month Day, 2004 at 1:30 p.m., in Room 526 U.S. Courthouse, 2 South Main Street, Akron. All parties (if a party is a corporation, a representative of the corporation with knowledge of the facts and full settlement authority), a representative with full settlement authority of any insurance carrier for a party, and lead counsel of record are hereby ORDERED to appear. I. SETTLEMENT CONFERENCE PREPARATION Over 95% of all civil cases settle prior to trial. Therefore, settlement preparation should be treated as seriously as trial preparation. Planning is essential because the party who is best prepared generally obtains the best result. The Court has found that the following steps are essential to a successful settlement conference. A. FORMAT 1. PRESETTLEMENT CONFERENCE DEMAND AND OFFER A settlement conference is more likely to be productive if, before the conference, the parties have had a written exchange of their settlement proposals. Accordingly, at least fourteen (14) calendar days prior to the settlement 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 demand is appropriate. No later than seven (7) calendar days prior to the settlement conference, Defendant’s counsel shall submit a written offer to Plaintiff’s counsel with a brief explanation of why such offer is appropriate. On occasion, this process will lead directly to a settlement. If settlement is achieved, counsel shall immediately notify the Court at 330-375-5900. If settlement is not achieved, Plaintiff’s counsel shall deliver or fax copies of these letters to Judge Adam’s chambers no later than 4:00 p.m. on 0/00/00. The parties may also take opportunity of this deadline to fax to chambers a brief (1-2 page) letter setting forth any subsequent communications between counsel, outstanding discovery issues or pending motions, or any other information (confidential or otherwise) counsel think might be helpful in settling this case. The Court’s fax number is 330-375-5875. Do not file copies of these letters in the Clerk’s Office. 2. ATTENDANCE OF PARTIES REQUIRED. Lead counsel of record and parties with ultimate settlement authority must be personally present. A representative of an uninsured corporate party with knowledge of the facts and authority to settle the matter up to the amount of the opposing parties’ existing settlement demand or offer must be present. An insured corporate party shall appear by (1) a representative of the corporation with knowledge of the facts and (2) a representative of the insurer who is authorized to negotiate, and who has authority to settle the matter up to the limits of the opposing parties’ existing settlement demand. Having a client with authority available by telephone is not an acceptable alternative, except under the most extenuating circumstances and only with the court’s leave at least seven (7) days prior to the settlement conference. Because the Court generally sets aside at least two hours for each conference, it is impossible for a party who is not present to appreciate the process and the reasons which may justify a change in one’s perspective towards settlement. 3. MEDIATION FORMAT. The Court will generally use a mediation format: opening presentations by each side 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 order to re-assess their previous positions and to find creative means for resolving the dispute. -2- 4. STATEMENTS INADMISSIBLE. Statements made by any party during the settlement conference will not be admissible at trial. Parties are encouraged to be frank and open in their discussions. The Court expects the parties to address each other with courtesy and respect. B. ISSUES TO BE DISCUSSED AT SETTLEMENT CONFERENCE Parties should be prepared to discuss the following at the settlement conference: 1. 2. 3. 4. 5. 6. 7. 8. 9. What are your objectives in the litigation? What issues (in and outside of this lawsuit) need to be resolved? What are the strengths and weaknesses of your case? Do you understand the opposing side’s view of the case? What is wrong with their perception? What is right with their perception? What are the points of agreement and disagreement between the parties? Factual? Legal? What are the impediments to settlement? What remedies are available through litigation or otherwise? Are there possibilities for a creative resolution of the dispute? Do you have adequate information to discuss settlement? If not, how will you obtain sufficient information to make a meaningful settlement discussion possible? Are there outstanding liens? Do we need to include a representative of the lienholder? -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 a copy of this Standing Order to the client and shall discuss the points contained herein with the client prior to the settlement conference. IT IS SO ORDERED. John R. Adams United States District Judge -4-

=== Social Security Scheduling Order ===

THE UNITED STATES DISTRICT COURT NORTHER DISTRICT OF OHIO EASTERN DIVISION Plaintiff, v. Defendant. CASE NO.: JUDGE JOHN ADAMS INITIAL ORDER This Social Security appeal was filed on and automatically referred to Magistrate Judge for the issuance of a Report & Recommendation. Consistent with Local Rule 16.2(a)(2)(D) and Local Rule 72.2, the matter is automatically placed on the Administrative Track. “Administrative Track cases shall be controlled by scheduling orders issued by the Judicial Officer.” Local Rule 16.2(a)(2)(D). The newly revised rule continues “In actions for review of decisions by the Social Security Administration, such orders shall be pursuant to, and in accord with, the provisions of 16.3.1.” That rule seeks to establish deadlines for these matters. Consistent with the Court’s authority to issue scheduling orders, the Court issues this order to govern this matter in compliance with Local Rule 16.3.1. Recent studies have shown that the length of the administrative appeal process has been reduced from 514 days at its peak in 2008 to roughly 369 days as of June of 2011. At the same time, the overall number of claimants awaiting a hearing has grown due to an influx of new filings. Despite this influx, the Social Security Administration continues its efforts to reach its goal of an average process time of 270 days. Media reports dating back to April 6, 2010, indicate that the wait for those seeking disability in Ohio are the longest in the nation. Diane Suchetka, Wait for disability hearings in Ohio is longest in U.S., Cleveland Plain Dealer, April 6, 2010, at B1. More recent reports have disputed whether any significant progress has been made to address the backlog of claimants. Lisa Rein, Progress on disability benefit backlog disputed, The Washington Post, June 19, 2011, available at, www.washingtonpost.com/politics/progress-on-disability-benefit-backlog-disputed. Moreover, a recent study shows that claimants in Ohio still face significant waits before they receive a hearing on their applications. Government Falters in Effort to Reduce Massive Backlog of Disability Hearings, available at, http://trac.syr.edu/tracreports/ssa/253/include/hearingofficeG.html (last visited on June 27, 2011). As can be seen from the above, four offices within Ohio are amongst the ten offices with the longest wait times for applicants. 2 Moreover, these delays cause more harm than a simple passage of time. Long delays, such as those currently present on the consent dockets of many of this District’s Magistrate Judges, serve to increase the total amount of retroactive benefits to any successful claimant. While on its face this appears to have no financial impact, it in actuality has a very real impact on the claimant. As social security attorneys nearly always enter into agreements that afford them a contingency fee of 25% of any retroactive benefits, each day of delay increases the demand of fees – despite the fact that counsel is taking no action during the delay. A timely decision still affords counsel the right to seek hourly fees while also protecting the vulnerable claimant from a loss of benefits through inaction that is beyond his or her control. Mindful of all of the efforts being made to streamline the administrative process and the ongoing backlog of applications in Ohio and mindful of the need to protect claimants from unnecessary attorney fees, the Court must also take steps to ensure that the review process by this Court is efficient. Accordingly, the Court expects that a Report & Recommendation will be filed in this matter no later than six months from the filing of the transcript and record from the administrative proceeding. Moreover, the Court recognizes that the transcript filing is often delayed through motions for extensions to answer and file briefs. As such, the Court hereby orders that the Report and Recommendation shall be filed in any event no later than 285 days from the filing of the answer and transcript. Consistent with Local Rule 16.3.1., “[w]henever possible, a quicker resolution is encouraged in order to provide faster relief to the parties[.]” IT IS SO ORDERED. Date: /s/ Judge John R. Adams_______ JUDGE JOHN R. ADAMS UNITED STATES DISTRICT COURT 3

=== Subpoena Requirements ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Plaintiff, vs. Defendants. CASE NO. JUDGE JOHN R. ADAMS STANDING ORDER RE: FED.R.CRIM.P. 17(c)(1) SUBPOENAS The above captioned case is before this Court on a criminal matter. With regard to subpoenas in a criminal case, the Court hereby supplements Fed.R.Crim.P. 17(c)(1) with the following: No subpoena in a criminal case may require the production of books, papers, documents or other objects in advance of the trial, hearing or proceeding at which these items are to be offered in evidence, unless the Court has entered an order pursuant to Rule 17(c) of the Federal Rules of Criminal Procedure. An order permitting issuance of a Rule 17(c) subpoena may be obtained by requesting leave of Court to file ex parte application to issue an early production subpoena. Upon leave of Court, the moving party shall then file the ex parte application on the record. A party requesting a subpoena must support its request by a declaration specifying the facts supporting the issuance of the subpoena along with a proposed order. Applications seeking subpoenas under Rule 17(c)(1) must be supported by an affidavit or declaration establishing that: (1) the documents or objects sought are evidentiary and relevant; (2) that the documents or objects sought are not otherwise reasonably procurable in advance of the trial, hearing or proceeding by exercise of due diligence; (3) that the moving party cannot properly prepare for trial without such production and inspection in advance of trial and the failure to obtain such 1 inspection may tend unreasonably to delay the trial, and (4) that the application is made in good faith and is not intended for the purpose of general discovery. A proposed order shall be filed along with the application. The Court will determine whether the material sought should be produced. In issuing an order granting the motion, the Court may place limits on the scope of the requested production. Any Rule 17(c) subpoena must be returnable to the Court and the items sought therein must be delivered to the Court at the place, date and time indicated. The subpoena may advise, however, that no appearance is necessary if the items are produced in advance of the date specified, either to the Court, in an envelope delivered to the Clerk’s Office, or directly to the issuing attorney whose name and address appears at the bottom of the subpoena. No Rule 17(c) subpoena may require the production of documents or objects in fewer than 14 days from the date the subpoena is served, absent good cause, which must be demonstrated in the motion seeking the order for issuance of the subpoena. IT IS SO ORDERED. DATED: /s/ John R. Adams Judge John R. Adams UNITED STATES DISTRICT COURT 2

=== Trial Order - Civil ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Plaintiff(s), v. Defendant(s). JUDGE JOHN R. ADAMS Case No. 5:00CV0000 TRIAL ORDER JURY This case is scheduled for Trial on Month Day, 2005 at 9:00 a.m. in the courtroom of the Honorable John R. Adams, Courtroom 530, United States District Court, 2 South Main Street, Akron, Ohio. If the trial date is delayed for any reason, unless otherwise notified by the Court, parties shall remain on standby subject to call for the start of the trial for a period of two (2) weeks. Jury costs will be assessed if settlement is achieved after a jury has been called. The Final Pretrial is scheduled for Month Day, 2005 at 1:00 p.m. in the Akron chambers of Judge Adams, Room 526 of the United States District Courthouse, 2 South Main Street, Akron, Ohio. Pursuant to Local Rule 16.3(e), the parties and lead counsel of record must be present and prepared with full authority to discuss all aspects of the case, including any pending motions, jury instructions, witness and exhibit lists, scheduling and settlement. Counsel are to have conferred with their clients, and with each other, regarding their final settlement posture within two (2) business days before the final pretrial. The following instructions will govern the operation of the trial and the obligations of parties and their counsel: 1. TRIAL DAYS Trials will begin at 9:00 a.m. and continue until 4:30 p.m., unless circumstances dictate otherwise. A one (1) hour lunch break and two (2) fifteen minute breaks will be provided. Counsel must notify the Court’s staff of issues to be addressed by the Court outside the presence of the jury so that trial may proceed with as few interruptions as possible. Accordingly, counsel should expect to be present in the courtroom from 8:30 a.m. until 5:00 p.m. in order to address matters outside the presence of the jury. All parties and counsel are to be present in the courtroom at all times when the jury is seated. 2. 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. Said stipulations shall be filed with the Court no later than ten (10) calendar days prior to the trial date. Counsel shall also prepare and submit a Joint Preliminary Statement (not to exceed 2 pages) 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 must be submitted no later than ten (10) days prior to trial. 3. TRIAL BRIEFS; WITNESS AND EXHIBIT LISTS Trial briefs, witness lists, and exhibit lists if any, shall be filed ten (10) calendar days prior to the trial date. A complete trial brief includes: (a) a statement of the facts; (b) a complete discussion of the controlling law together with specific citations of statutes and case law; and (c) a discussion of any evidentiary issues likely to arise at trial. Together with the trial brief, the parties shall also file and exchange their proposed witness and exhibit lists. The lists shall provide a brief description and the purpose of each 2 witness, and shall list and briefly describe each item of documentary or physical evidence which is to be offered. Each attorney shall have a continuing obligation to supplement the party’s list immediately upon learning of any additional witness. Witnesses not listed as part of the trial brief or provided before the trial starts shall not testify at trial, and exhibits not listed in the trial brief shall not be introduced at trial, absent a showing of good cause. This rule applies to lay witnesses as well as to expert witnesses. In all cases, trial briefs and Motions in Limine are to be exchanged with opposing counsel by hand delivery or Fax. No later than five (5) days before trial, any objections to a proposed witness or exhibit shall be filed with the Court and served upon opposing counsel. Such objections shall include a brief statement as to why the proposed witness exhibit should not be permitted or admitted, as well as, specific citations to pertinent case law or other legal authority 4. MOTIONS IN LIMINE Shall be filed fourteen (14) days prior to trial. Oppositions to be filed seven (7) days thereafter. . 5. MARKING OF EXHIBITS Exhibits shall be marked before trial with exhibit stickers, which are available from the clerk's office upon request. Plaintiff shall mark exhibits with numbers beginning with 1, and the defendant shall mark exhibits with numbers beginning with 1001. (e.g., “Pl. Ex. 1" and “Deft. Ex. 1001”) All exhibits must indicate the case number on the bottom portion of the exhibit sticker. If there are multiple parties, the party's last name should precede the numbers or letters (e.g., "Pl. Smith-1" or "Deft. Jones-1001"). Joint exhibits are strongly encouraged and shall be marked “Joint Ex. 1,” “Joint Ex. 2,” etc. Whenever a multi-page exhibit is used, each page of the exhibit must be separately numbered. For 3 example, if Plaintiff’s Exhibit 1 is a three-page document, the first page should be marked as Pl. Ex. 1-1, the second page marked as 1-2, and the third page marked as 1-3. Where more than ten (10) exhibits are offered by a party, it is required that counsel place all exhibit sets in a three-ring loose-leaf binder/notebook with appropriately marked divider tabs and a table of contents. Two (2) copies of all exhibits shall be furnished to the Court no later than two (2) business days prior to the trial date. Exhibits themselves will not be filed with the Clerk of Court but delivered to Chambers Ste. 526. 6. VOIR DIRE The Court will conduct initial voir dire of the panel and of individual panel members. The Court may thereafter allow one counsel for each party to question the panel briefly on issues not addressed by the Court. Proposed voir dire questions for the Court's questioning are to be submitted no later than ten (10) calendar days prior to the trial date, together with the trial briefs. 7. 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 fourteen (14) calendar days prior to trial. Objections to the proposed testimony will be provided to opposing counsel within seven (7) days thereafter. Counsel shall consult in an effort to resolve any objections raised. Where objections have been raised and not resolved, counsel proposing to use said deposition testimony shall file with the Court, a brief in support with citations to any applicable legal authority, attach and highlight the deposition portions objected to, and note the objections in the margin. 4 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 and follow Local Rule 32.1. 8. JURY INSTRUCTIONS AND INTERROGATORIES Counsel are required to provide jury instructions to the Court only on the issues of the law applicable to the claims made and on damages. Counsel shall also provide proposed juror interrogatories. The Court will provide general instructions on issues such as credibility, etc. Counsel shall exchange proposed jury instructions and interrogatories no later than ten (10) calendar days prior to the final pretrial date. Counsel shall then confer regarding their respective proposals in an effort to reach an agreement regarding as many jury instructions and interrogatories as possible. Not later than one (1) business day prior to the final pretrial, a single joint submission shall be filed providing: (1) agreed upon instructions and interrogatories; (2) instructions and/or interrogatories proposed by plaintiffs, but opposed by defendants; and (3) instructions and/or interrogatories proposed by defendants, but opposed by plaintiffs. All proposed instructions shall be supported by citations to legal authority. Such 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 in Corel WordPerfect format. The diskette should be formatted for an IBM compatible computer. When submitting the disk to the Court, to avoid accidental erasure, counsel are advised to alert the security guards when entering the building. The diskette may be brought and submitted to the Court at the Final pretrial. 9. NON-JURY CASES In all non-jury cases, counsel for each of the parties shall prepare Proposed Findings of Fact and 5 Conclusions of Law, which shall be filed with the Court not later than ten (10) calendar days before the date set for trial. Plaintiff’s Conclusions of Law shall include a statement of the applicable statute conferring jurisdiction upon the Court. 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. 10. SPECIAL INSTRUCTIONS TO COUNSEL Pleadings or other materials submitted beyond the deadlines set forth in this order may be rejected by the Court. Any and all motions, responses, stipulations, objections, pleadings or memoranda not filed electronically required within two (2) business days of any settlement conference, hearing, final pretrial, or trial, shall be FAXED to the Court as well as to opposing counsel on the same day it is filed. The Court’s fax number is 330-375-5875. 11. CONDUCT OF COUNSEL 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. IT IS SO ORDERED. JOHN R. ADAMS 6 UNITED STATES DISTRICT JUDGE 7

=== Trial Order - Criminal ===

United States of America Plaintiff, v. Defendant. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION CASE NO. 5:14CR000 Judge John R. Adams TRIAL ORDER A Pretrial Conference is hereby scheduled for November 5, 2014 at 11:00 a.m. in the courtroom of Judge John R. Adams, Courtroom 575 of the United States District Court, 2 South Main Street, Akron, Ohio. Lead counsel of record must be present and prepared with full authority to discuss all aspects of the case, including any pending motions and trial schedule. The Defendant(s) must be present. All parties are specifically informed that this District has ordered that “plea negotiations must be completed by a date certain in advance of the scheduled trial.” ACCORDINGLY, THE COURT WILL NOT ACCEPT PLEA AGREEMENTS AFTER THE DATE OF THE PRETRIAL. This case is scheduled for Trial on November 17, 2014 at 9:00 a.m., in the courtroom of the Honorable John R. Adams, Courtroom 575 of the United States District Courthouse, 2 South Main Street, Akron, Ohio. The following instructions will govern the operation of the trial and the obligations of parties and their counsel: 1. TRIAL DAYS COUNSEL MUST PROVIDE PROPER ATTIRE FOR DEFENDANTS IN CUSTODY. ATTIRE IS TO BE PROVIDED TO THE U.S. MARSHAL’S SERVICE IN AKRON PRIOR TO THE START OF VOIR DIRE. Trial days will begin at 9:00 a.m. and continue until 4:30 p.m., unless circumstances dictate otherwise. A one (1) hour lunch break and two (2) fifteen minute breaks will be provided for. Counsel must notify the Court’s staff of issues to be addressed by the Court outside the presence of the jury so that trial may proceed with as few interruptions as possible. Accordingly, counsel shall be present in the courtroom from 8:30 a.m. until 5:00 p.m. in order to address matters outside the presence of the jury. All parties are to be present in the courtroom at all times when the jury is seated. 2. 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. Said stipulations shall be signed by both counsel as well as the defendant and filed with the Court no later than three (3) business days prior to the trial date. Counsel shall also prepare and submit a Joint Preliminary Statement (not to exceed 2 pages) 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 must be filed no later than three (3) business days 2 prior to the trial date. 3. MOTIONS, TRIAL BRIEFS, EXHIBIT LISTS, WITNESS LISTS Motions other than Motions in Limine shall be filed no later than thirty (30) days following the date of arraignment. Any party seeking to file a motion beyond this deadline shall first seek and obtain leave of Court. Motions filed beyond the deadline without leave of Court may be stricken. The Court does not look favorably upon the practice of filing pro forma motions. It is expected that every motion filed will be based on real factual need and be supported by a substantial foundation and such foundation will be explicitly stated in the motion pursuant to Local Criminal Rule 12.1. Responses to pretrial motions shall be filed within seven (7) days after service of the motion. Trial briefs, exhibit lists and any Motions in Limine, shall be filed no later than seven (7) business days prior to the trial date with objections due three (3) days thereafter. A complete trial brief includes: (a) a statement of the facts; (b) a complete discussion of the controlling law together with specific citations of statutes and case law; and (c) a discussion of any evidentiary issues likely to arise at trial. Witness lists shall be provided to chambers, preferably via email to the Court’s courtroom deputy or law clerk (do not file or exchange) 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, and shall list and briefly describe each item of documentary or physical evidence which is to be offered. Each attorney shall have a continuing obligation to supplement the party’s exhibit and 3 witness lists immediately upon learning of any additional witness. 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. 4. OBJECTIONS As noted above, objections to trial briefs and exhibit lists shall be filed no later than 3 business days after receipt of the underlying filings. Such objections shall include a brief statement as to why the proposed witness exhibit should not be permitted or admitted, as well as, specific citations to pertinent case law or other legal authority. 5. USE OF SUBPOENAS Counsel are instructed to review the Court’s standing order regarding the issuance of subpoenas under Fed.R.Crim.P. 17(c)(1). The Court’s standing order can be found at http://www.ohnd.uscourts.gov/home/judges/judge-john-r-adams/ and its requirements are fully incorporated herein. 6. MARKING OF EXHIBITS Exhibits shall be marked before trial with exhibit stickers, which are available from the clerk's office upon request. Plaintiff shall mark exhibits with numbers beginning with 1, and the defendant shall mark exhibits with numbers beginning with 1001. (e.g., “Pl. Ex. 1" and “Deft. Ex. 1001”) All exhibits must indicate the case number on the bottom portion of the exhibit sticker. For extensive exhibits, Bates Stamp numbering will be acceptable in lieu of specific exhibit marking. However, the initial page of the exhibit must be properly marked. If there are multiple parties, the party’s last name or other identifying characteristic (e.g., initials) should precede the numbers or letters (e.g., "Pl. Smith-1" or "Deft. Jones-1001"). Joint 4 exhibits are strongly encouraged and shall be marked “Joint Ex. 1,” “Joint Ex. 2,” etc. Whenever a multi-page exhibit is used, each page of the exhibit must be separately numbered. For example, if Plaintiff’s Exhibit 1 is a three-page document, the first page should be marked as Pl. Ex. 1-1, the second page marked as 1-2, and the third page marked as 1-3. Once again, Bates Stamp numbering is acceptable for these types of exhibits. Where more than ten (10) exhibits are offered by a party, it is required that counsel place all exhibit sets in a three-ring loose-leaf binder/notebook with appropriately marked divider tabs and a table of contents. One (1) copy of all exhibits shall be furnished to the Court on the morning of trial. Exhibits themselves will not be filed with the Clerk of Court. 7. TECHNOLOGY FOR EXHIBITS Any party that seeks to offer into evidence any type of electronic exhibits - including, but not limited to, audio CDs, DVDs, videos, or any other manner of electronic media – shall bear entirely the burden of ensuring that the proper technology and equipment is available to allow a jury to view the media within the confines of the jury room and without any outside assistance. 8. VOIR DIRE The Court will conduct initial voir dire of the panel and of individual panel members. The Court may thereafter allow one counsel for each party to question the panel briefly on issues not addressed by the Court. Proposed questions for the Court’s voir dire must be filed no later than seven (7) business days prior to the trial date. Counsel is also instructed to provide a courtesy copy of the proposed voir dire electronically to the Court’s courtroom deputy or law clerk. 5 9. JURY INSTRUCTIONS Counsel are required to provide jury instructions to the Court only on the law applicable to the particular charges for which the defendant is on trial. The Court will provide general boilerplate instructions on issues such as credibility, burden of proof, etc. Counsel shall exchange proposed jury instructions no later than ten (10) calendar days prior to the trial date. Counsel shall then confer regarding their respective proposals in an effort to reach an agreement regarding as many jury instructions and interrogatories as possible. A single joint submission of jury instructions shall be filed and hand-delivered or faxed to chambers no later than three (3) business days prior to the trial date, providing: (1) agreed upon instructions; (2) instructions proposed by plaintiff, but opposed by defendants; and (3) instructions proposed by defendants, but opposed by plaintiffs. All proposed instructions shall be supported by citations to legal authority. Such single joint submission of jury instructions and interrogatories to the Court shall be filed as well as produced electronically to the Court’s law clerk or courtroom deputy in a format that may be edited. 10. 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 material no later than the close of proceedings the day before the witness is expected to testify 11. SPECIAL INSTRUCTIONS TO COUNSEL If and when a plea or change of plea is scheduled, the plea agreement shall be provided electronically to the Court’s courtroom deputy or law clerk no later than one business day 6 prior to the scheduled hearing. 12. CONDUCT OF COUNSEL 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. IT IS SO ORDERED. Date: /s/ John R. Adams JOHN R. ADAMS UNITED STATES DISTRICT JUDGE 7