Chamber Procedures for Civil Cases; Civil Cases: Guidelines for Protective Orders on Confidentiality, Sealing Documents, and Redactions; Eastern District of Oklahoma Plea Petition Form; Telephonic Appearance Procedures

=== Chamber Procedures for Civil Cases ===

Chamber Procedures for Civil Cases: Judge Jodi W. Dishman Issued January 24, 2025 Counsel and pro se parties are expected to diligently review and strictly adhere to the Federal Rules of Civil Procedure, Local Civil Rules, Electronic Filing Policies and Procedures Manual, and WDOK General Orders. In addition, unless otherwise ordered by Judge Dishman, these procedures apply to all civil matters: 1. 2. 3. 4. 5. 6. 7. 8. Requests for Extension of Time and Extension of Scheduling Order: a. b. Must be in writing. Absent an emergency, any request for extension should be filed at least forty-eight hours before the scheduled deadline. Must follow the standards outlined in the Federal Rules of Civil Procedure, as interpreted and applied by the Tenth Circuit, and must meet the requirements of LCvR6.3. c. Pre-Motion Conferences: The Court strongly encourages pre-motion conferences in a good-faith attempt to resolve the issue without Court intervention, even if not required by the Federal Rules of Civil Procedure, Local Rules, or the Court’s scheduling order. For example, if a motion to dismiss is an attack on the pleadings that can be cured by amendment, the Court strongly encourages the parties to confer before filing such a motion and to advise the Court in the motion whether the parties have conferred. Motions for Protective Orders; Sealing; and Redacting: See separate guidance. Discovery Disputes: The Court will generally order expedited briefing and, if necessary, set a hearing on discovery disputes. If a hearing is set, the parties might be required to confer again through counsel before the hearing. This second conference requirement does not excuse the conference requirement under LCvR37.1 before a discovery motion is filed. Daubert Motions: Motions challenging the testimony of experts shall be made by the deadline for Daubert motions. The Court will strike Daubert motions filed as motions in limine. Judicial Settlement Conferences: a. b. c. If agreed and jointly requested, the Court does not need a motion. You may arrange by contacting the Courtroom Deputy Nyssa Vasquez at [email protected]. If opposed, please file a motion to explain why a settlement conference should be ordered. The Court prefers that a settlement conference be requested at least thirty days before the pretrial conference date. Pretrial conference dates typically will be set the week before trial. Settlement: In addition to filings under Federal Rule of Civil Procedure 41, you may call chambers and request an administrative closing order on behalf of the parties, absent case-specific special circumstances (e.g., certain class actions, collective actions). Advocacy: Federal courtroom advocacy opportunities are rare. To assist in the training of the next generation of attorneys, the Court strongly encourages new or inexperienced attorneys to participate in courtroom proceedings and conferences. The Court is amenable to having multiple attorneys speak if it creates opportunities for junior lawyers. 9. Proposed orders: Times New Roman, 13 point, left justified.

=== Civil Cases: Guidelines for Protective Orders on Confidentiality, Sealing Documents, and Redactions ===

Civil Cases: Guidelines for Protective Orders on Confidentiality, Sealing Documents, and Redactions Judge Jodi W. Dishman Issued February 12, 2020 Parties must move the Court for entry of a protective order on confidentiality and must separately seek leave of Court before filing documents under seal (including filing redacted documents). Parties contemplating filing such a motion must comply with the Federal Rules of Civil Procedure, the Local Rules, the Electronic Filing Policies and Procedures Manual, and these guidelines. The motion must state whether it is opposed or unopposed. Parties should submit, in word format, the proposed Protective Order to the Judge’s designated mailbox at [email protected]. Parties also should thoroughly review and follow Tenth Circuit precedent addressing sealing documents or information from the public record. Colony Ins. Co. v. Burke, 698 F.3d 1222, 1241-42 (10th Cir. 2012); Mann v. Boatright, 477 F.3d 1140, 1148-49 (10th Cir. 2007). As additional guidance, the Court directs parties to persuasive orders by other judges in this district. See Terry v. Health Care Serv. Corp., Case No. 5:18-cv-00415- PRW, 2019 WL 5197562 (W.D. Okla. June 20, 2019); KMK Enters, Inc. v. QBE Ins. Corp., No. CIV-11-0637-HE, 2012 WL 12864332 (W.D. Okla. July 30, 2012); Woods v. Sunrise Senior Living, Inc., No. CIV-06-644-W, 2007 WL 9710777 (W.D. Okla. Sept. 7, 2007). As set forth in the relevant opinions and orders, the standards for entry of a protective order and for filing a document under seal are different; a party’s designation of a document as “confidential” is not binding on the determination of whether a document may be filed under seal. Requested confidentiality protective orders or leave to file under seal should: 1. Demonstrate the parties’ agreement to comply with Electronic Filing Policies and Procedures Manual (Revised January 2020), specifically ECF Policies & Procedures Manual, §§ II.H and III.A. 2. Define the information to be kept confidential as narrowly as reasonably practical in the circumstances. Categories of information to be treated as confidential should be specifically stated and narrow, not described with descriptions or phrases such as “including but not limited to” or “anything designated by a party in good faith.” 3. Minimize the nature and amount of information filed under seal. Where confidential information is mentioned in or attached to a pleading or brief, only the specific confidential information should be redacted from the filed pleading or brief, and an unredacted copy of it should be filed under seal. 4. Not attempt to control the use of confidential documents at Court hearings or trial. Decisions in that regard will be made by the Court at the appropriate time.

=== Eastern District of Oklahoma Plea Petition Form ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA UNITED STATES OF AMERICA, v. Plaintiff, Defendant. CASE NO. PETITION TO ENTER PLEA OF GUILTY The defendant states to the Court that the defendant wants to enter a plea of GUILTY to the following counts of the Indictment or Information: In connection with this plea of GUILTY, I, the defendant in this case, inform the Court, under penalty of perjury, that I have discussed these matters with my attorney and the answers to the following questions are true and correct to the best of my knowledge and belief. , A. BACKGROUND QUESTIONS Before the Court can accept your plea of guilty, it is necessary that the Court has certain background information about you and this case. The questions in this section are asked for this purpose. 1. (a) What is your name? (b) What is your age? 2. Are you currently employed? Yes No If yes, what are the name, address and telephone number of your employer? 3. How much education have you had? 4. Have you ever received medical care or treatment for drug addiction and/or alcohol abuse? Yes No [If so, prior to the hearing on the Petition to Enter Plea of Guilty, counsel for defendant shall submit to the judge’s orders mailbox a list of the dates, places, and types of treatment received by defendant.] 5. Have you ever received medical care or treatment for a mental or emotional condition? Yes No [If so, prior to the hearing on the Petition to Enter Plea of Guilty, counsel for defendant shall submit to the judge’s orders mailbox a list of the dates, places, and types of treatment received by defendant.] (a) Have you consumed any drug, alcohol or medication that is now impairing your ability to think clearly or to understand and answer the questions in this Petition to Enter Plea of Guilty? Yes No (b) Are there any medications prescribed for you that you are not now taking as directed? Yes No If yes, does the fact that you are not taking the medication as directed impair your ability to think clearly or to understand and answer the questions in this Petition to Enter Plea of Guilty? Yes No If an attorney is now representing you in this case, what is your attorney’s name? If you have an attorney, have you had enough time to talk with your attorney about your case? Yes No If you have an attorney, have you told your attorney everything you know about your case? Yes No 6. 7. 8. 9. 10. If you have an attorney, are you satisfied with the services your attorney has provided for you? Yes No 11. Do you understand the charge(s) against you? Yes No Page 2 of 13 B. CONSTITUTIONAL RIGHTS - WAIVERS Before the Court can accept your plea of guilty, it is important that you understand that you will be giving up many valuable constitutional rights by entering a plea of guilty. The questions in this section are designed to inform you of those rights. 12. 13. Do you understand you have a right to plead NOT GUILTY to every charge filed against you? Yes No Do you understand if you plead NOT GUILTY you have the following constitutional rights: (a) (b) (c) (d) (e) (f) the right to a speedy and public trial by jury? Yes No the right to counsel at all stages of the proceedings, and that if you cannot afford to pay a lawyer, one will be appointed to represent you? Yes No the right to see and hear all witnesses called to testify against you and the right to cross-examine them? Yes No the right to use the subpoena power of the Court to compel the attendance of witnesses at trial and the production of other forms of evidence? Yes No the right not to be compelled to incriminate yourself by taking the witness stand; and that if you do not take the witness stand, no inference of guilt may be drawn from your failure to do so? Yes No the right to be presumed innocent until the government has proved you guilty beyond a reasonable doubt by the unanimous agreement of all twelve of the jury members? Yes No 14. Do you understand if you plead GUILTY you will be found guilty without a trial and you will have given up all of the above rights, except the right to counsel? Yes No Page 3 of 13 15. 16. Do you understand if you plead GUILTY to a felony offense this may deprive you of valuable civil rights including the right to vote, the right to hold public office, the right to serve on a jury, the right to possess any kind of firearm, destructive device or ammunition, and may make you ineligible for certain government benefits? Yes No Not Applicable If you are not a citizen of the United States, pleading guilty may affect your immigration status. Pleading guilty may result in your deportation or removal from the United States, may prevent you from ever lawfully reentering or remaining in the United States, and may result in the denial of naturalization. Deportation is mandatory for certain offenses, including most crimes involving controlled substances. You may be deported or removed from the United States even if you are a legal resident and even if you have legally lived in the United States for many years. Do you understand? Yes No Not Applicable C. SENTENCING - GENERAL Before the Court can accept your plea of guilty, it is important that you understand certain aspects of the sentencing process. The questions in this section are designed for that purpose. 17. 18. Do you realize if you plead GUILTY the maximum statutory sentence the judge may impose remains the same as if you had pled NOT GUILTY and had been convicted by a jury? Yes No Do you know the sentence you will receive is solely a matter for the judge to decide? Yes No 19. (a) What is the maximum sentence the law provides for the offense(s) to which you want to plead GUILTY? (b) Is there a minimum mandatory sentence the law provides for the offense(s) to which you want to plead GUILTY? Yes No If yes, what is it? Page 4 of 13 (c) For certain offenses a term of supervised release must be imposed to be served after the person is released from a term of imprisonment. Is there a mandatory term of supervised release for the offense(s) to which you want to plead GUILTY? Yes No If yes, what is the mandatory term? For all other offenses, the judge may, in the judge’s discretion, impose a term of supervised release to be served following the person’s release from imprisonment. What is the maximum term of supervised release that could be imposed in this case? What is the maximum term of imprisonment that could be imposed if your supervised release were revoked? (d) Will you be forfeiting any property to the United States as a result of your guilty plea? Yes No If yes, what property? Page 5 of 13 20. 21. 22. 23. 24. D. 25. If you plead GUILTY, the judge may require you to make restitution to any victim of the offense [18 U.S.C. §§ 3663 and 3664]. If you plead GUILTY to an offense that occurred on or after April 24, 1996, and the offense falls into certain categories of offenses, including property offenses and crimes of violence, ordinarily the judge is required to order you to pay restitution to any victim of the offense [18 U.S.C. § 3663A]. Also, in certain cases, the law identifies specific classes of people or organizations that may be entitled to restitution. Restitution is a continuing obligation that does not end until it is paid in full. In other words, the United States may continue to seek restitution from you even though you are no longer serving a sentence of confinement or supervision. Do you understand all of this? Yes No The judge must impose a special assessment for each count to which you enter a plea of guilty. The amount of the special assessment depends on whether the offense is a felony or a misdemeanor [18 U.S.C. § 3013]. In your case, taking into account each offense to which you want to plead guilty, the total amount of special assessment is $ . This amount will be due at the time of sentencing. Do you understand this? Yes No If you are on probation or parole in this or any other court, do you know that by pleading GUILTY here your probation or parole may be revoked and you may be required to serve a sentence as a result of that revocation in addition to any sentence imposed upon you in this case? Yes No Do you understand that in certain circumstances a federal judge may order a federal sentence of imprisonment to run at the same time as a state sentence of imprisonment? Yes No Do you understand if you are convicted of a violation of Title 18, United States Code, Section 924(c), the term of imprisonment imposed for that conviction cannot be served concurrently with any other term of imprisonment? Yes No SENTENCING CONSIDERATIONS Not Applicable GUIDELINES SENTENCING OTHER AND In determining an appropriate sentence for a federal crime, the judge must consider the Sentencing Guidelines developed by the United States Sentencing Commission. The Sentencing Guidelines are advisory in nature, not mandatory. The judge must consider imposing a sentence within the range established by the Sentencing Guidelines, but the judge may impose a sentence either above or below that range. Do you understand this? Yes No Page 6 of 13 26. 27. 28. 29. In calculating the range of sentence under the advisory Sentencing Guidelines, the judge will take into account all conduct, circumstances, and injuries associated with your criminal conduct, whether or not this conduct is formally charged by the government. The judge will consider all relevant conduct at the time of sentencing even though you are pleading guilty to fewer than all counts in the Indictment or Information. Do you understand this? Yes No Also, there is no limitation placed on the information the judge can consider at the time of sentencing concerning your background, character, and conduct so long as the information is reliable. The judge will take all of these factors into consideration in determining an appropriate sentence. Do you understand this? Yes No If the judge orders a presentence investigation, a U.S. Probation Officer will be assigned to conduct a thorough investigation and prepare a presentence report for the judge’s use. Do you understand that if you lie to the U.S. Probation Officer, or if you cause others to lie on your behalf, this can be considered by the judge and may increase the range of sentence calculated under the advisory Sentencing Guidelines? Yes No Your history of prior criminal convictions will be used to compute your Criminal History Category under the Sentencing Guidelines. If you have prior felony convictions which were imposed or for which you have served time within the past 15 years, your Criminal History Category may be increased. Similarly, if you have received misdemeanor convictions within the past 10 years, your Criminal History Category may be increased. Certain exceptions may apply in your case that would exclude a conviction from the Criminal History Category computation. Nonetheless, do you understand your prior criminal history has a direct impact on the calculation of the sentencing range under the advisory Sentencing Guidelines? Yes No 30. Do you understand if you committed the present offense(s) while you were on probation, parole, supervised release, or escape status, this will increase the number of points assessed in your criminal history computation. If this increases your Criminal History Category, do you understand it may increase the range of sentence calculated under the advisory Sentencing Guidelines? Yes No Page 7 of 13 31. 32. 33. 34. 35. Do you understand if this offense is a crime of violence or a drug trafficking offense, and if you have two prior felony convictions of either a crime of violence or a drug trafficking offense, you could be sentenced as a career criminal offender which would increase the sentence you receive? Yes No Not Applicable The maximum sentence for the offense(s) to which you want to plead guilty is the statutory maximum set out in ¶¶ 19, 20 and 21 above. If you are pleading guilty to more than one count, you could receive the maximum sentence on each count of conviction running consecutively (C/S). See USSG § 5G1.2. Do you understand this? Yes No In certain cases, the law requires the judge to impose a mandatory minimum term of imprisonment. The judge may not impose a sentence below a mandatory minimum term unless the United States Attorney, in his or her discretion, files a motion. Do you understand this? Yes No Not Applicable Parole is not available in the federal system. If you are sentenced to a term of imprisonment, you will serve the entire time imposed (less any earned good time credits that may be applied to reduce the amount of time you actually serve). The maximum amount of credit you may receive against your sentence will be determined by the Bureau of Prisons and is limited by statute [18 U.S.C. § 3624]. Do you understand this? Yes No If at least one year of imprisonment is ordered in your case, the judge may also impose a term of supervised release, which you will begin serving after you are released from custody. For certain offenses, a term of supervised release is mandatory. During any term of supervised release, you will be subject to conditions that will include refraining from any additional violations of local, state or federal law, reporting requirements, travel and residence restrictions, and testing for controlled substance use. If you violate the conditions of your supervised release, the judge may revoke your supervised release and sentence you to an additional term of imprisonment. This additional term of imprisonment would be served without credit for the time you successfully spent on supervised release. Do you understand this? Yes No The judge has the discretion to impose another term of supervised release, to be served after you serve your sentence for violating the first term of supervised release. If you violate your supervised release again, you can be sentenced to serve more time, followed by more supervised release, at the discretion of the judge. Under certain circumstances there is no limit to the number of times supervised Page 8 of 13 release can be revoked and another term of supervised release imposed. Do you understand this? Yes No 36. 37. In some circumstances, the judge may decide that your case warrants imposing a sentence with conditions other than incarceration for the full term of the sentence. Options available to the judge include probation, home confinement, community confinement, electronic monitoring, intermittent confinement, or a combination of any of these. Do you understand this? Yes No If you plead guilty to a federal sex offense, you may be subject to state laws requiring the registration of sex offenders. Do you understand this? Yes No Not Applicable E. VOLUNTARY NATURE OF PLEA 38. Are your plea(s) of GUILTY and the waivers of your rights made voluntarily and completely of your own free choice, free of any force or threats or pressures from anyone? Yes No 39. (a) Have you entered into a plea agreement with the government? Yes No (b) If so: Is this a conditional plea pursuant to Fed. R. Crim. P. 11(a)(2) that reserves certain rights to appeal? Yes No If yes, what issues are reserved for appeal? Have you read the plea agreement or had the plea agreement read to you? Yes No Have you had enough time to discuss the plea agreement with your attorney? Yes No Were all the terms of the plea agreement explained to you, including any waivers of your rights? Yes No Page 9 of 13 Do you understand all of the terms of the plea agreement, including the waivers of your rights? Yes No (c) What are your reasons for making that agreement? 40. 41. (d) If your plea of GUILTY involves a plea agreement, do you understand that the judge can reject the plea agreement after completion of the presentence investigation if the judge finds that the plea agreement is not in the interests of justice? Yes No Has any promise been made by anyone that causes you to plead GUILTY aside from the plea agreement, if any, set out in your answer to question 39? Yes No If yes, what promise has been made and by whom? (a) Has any officer, attorney or agent of any branch of government (federal, state or local) promised or predicted that you will receive a lighter sentence, or probation, or any other form of leniency if you plead GUILTY? Yes No (b) Do you understand no one has any authority to make any such promise or prediction on your sentence because the matter of sentencing is exclusively within the control of the judge and no one else? Yes No 42. Has the judge made any suggestion as to what the actual sentence will be? Yes No 43. Are you pleading GUILTY because you are guilty? Yes No 44. Is there any other information or advice that you want before you enter a plea? Yes No Page 10 of 13 F. CONCLUSION/FACTUAL BASIS 45. Has your attorney reviewed and discussed with you all of these questions and your answers to them? Yes No 46. Do you understand all of these questions? Yes No If not, which questions do you not understand? 47. (a) Do you now want to plead GUILTY? Yes No (b) Are you GUILTY? Yes No 48. State what you did to commit the offense(s) to which you are now pleading GUILTY. Page 11 of 13 ************************************************************************ I understand that if I have knowingly and intentionally made any false answers in this Petition to Enter Plea of Guilty, my answers may be used against me in another prosecution for perjury or making a false statement. Signed by me and affirmed to be true under penalty of perjury in the presence of my attorney on this day of , 20 . Defendant CERTIFICATE OF DEFENSE COUNSEL I, as attorney for the defendant, , hereby certify: 1. I have read and fully explained to the defendant the allegations contained in the Indictment or Information in this case. 2. To the best of my knowledge and belief the statements, representations, and declarations made by the defendant in this Petition to Enter Plea of Guilty are in all respects accurate and true. 3. The plea of guilty offered by to Count(s) accords with my understanding of the facts the defendant has related to me, is consistent with my advice to the defendant, and in my opinion is knowingly and voluntarily made. the defendant 4. I assure the Court that I have advised the defendant about the applicable sentencing procedures, including procedures under the Sentencing Guidelines, and I have explained to the defendant the potential consequences of a plea of guilty in light of the questions and concerns set forth in Sections C and D of this Petition. Signed by me in the presence of the defendant and after full discussion of the contents of this certificate with the defendant, this day of , 20 . Attorney for Defendant Page 12 of 13 ************************************************************************ CERTIFICATE OF PROSECUTING ATTORNEY As attorney for the government, I hereby certify: 1. I have read and fully discussed with defense counsel the allegations contained in the Indictment or Information in this case. 2. I have also reviewed this Petition to Enter Plea of Guilty and find it to be in accordance with my knowledge of the defendant and this case. 3. In my judgment, acceptance of the defendant's plea(s) of guilty to the charge(s) in question will not undermine the statutory purposes of sentencing. Signed by me this this day of , 20 . Attorney for the Government Page 13 of 13

=== Telephonic Appearance Procedures ===

TELEPHONIC APPEARANCE PROCEDURES FOR JUDGE JODI W. DISHMAN REVISED MARCH 18, 2021 Telephonic appearances are permitted only with leave of the Court upon motion or when ordered by the Court. Telephonic appearances are coordinated directly through Judge Dishman’s Courtroom Deputy, Nyssa Vasquez, at the number listed below. I. SCHEDULING A TELEPHONIC APPEARANCE Persons with leave to appear telephonically, by order of the Court must arrange their appearance by contacting Judge Dishman’s Courtroom Deputy, Nyssa Vasquez, at (405) 609-5522 or by e- mail at [email protected]. II. PROCEDURES FOR TELEPHONIC APPEARANCE Ms. Vasquez will provide participants with an AT&T Toll-Free dial-in number to call to make the telephonic appearance. Participants shall dial into the call not later than 10 minutes before the scheduled hearing. The Court does not place a call to counsel. There is no charge associated with the AT&T Toll-Free number. Telephonic appearances for status conferences are connected to chambers, or, depending on the nature of the matter, directly to the courtroom public address system so that a normal record is produced. To ensure the quality of the connection and of the record, the use of car phones, cellular phones, speakerphones, public telephone booths, or phones in other public places is prohibited except in the most extreme emergencies. Participants should be able to hear all parties without difficulty or echo. After your call is connected to chambers or the courtroom, the Judge will call the case, request appearances, and direct the way the hearing shall proceed. Each time you speak, you should identify yourself for the record. When the Judge informs the participants that the hearing is completed, you may disconnect. If any participant fails to timely call in and make his or her appearance, the Court may pass the matter or may treat the failure to respond as a failure to appear. Scheduling simultaneous telephonic appearances in multiple courts does not excuse a failure to appear. Individuals making use of the conference call service are cautioned that they do so at their own risk. Hearings generally will not be rescheduled due to missed connections. Telephonic appearances by multiple participants are possible only when all participants fully comply with the above procedural requirements. The Court may impose appropriate sanctions against any participant who fails to comply with the required procedures or disrupts the proceedings.