Civil Case Jury Trials; Civil Case Non-Jury Trials; Criminal Case Trials; Case Management Instructions for Standard Civil Cases; Model Scheduling Order for FLSA Cases

=== Civil Case Jury Trials ===

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TENNESSEE Office of the Clerk PRETRIAL PROCEDURES: Jury Trials Prior to the pretrial conference, counsel must do the following: Complete all discovery. Confer prior to the pretrial conference to exchange information as to the ultimate issues of law and fact, to eliminate unnecessary or irrelevant issues that appear in the pleadings or discovery, to arrive at all possible stipulations, and to exchange documents and exhibits which will be offered in evidence at trial. Counsel shall prepare a single proposed Joint Pretrial Order that covers the items set forth below. If counsel are unable to agree, they shall submit a proposed joint pre-trial order including all matters agreed upon and specifying those areas of disagreement. Plaintiff=s attorney is responsible for initiating the proposed pretrial order, but all counsel are responsible for ensuring that the proposed pretrial order is timely submitted to chambers. The proposed pretrial order shall contain the following: 1. A complete listing of all parties, both plaintiff and defendant, who remain in the case as of the date the joint pretrial document is filed. Do not use "et al." 2. Any remaining jurisdictional questions; 3. A list of pending motions; 4. A short summary of the case that may be read to the venire at the beginning of voir dire; 5. The respective contentions of the parties, including contentions as to the nature and amount of damages and as to liability; 6. A comprehensive written statement of uncontested facts that may be stipulated and read to the jury (possible sources of these agreed facts are the pleadings, discovery, or admission of counsel); 7. Contested issues of fact; A written statement of contested issues of fact that will explain to the court the nature of the parties dispute; 8. Contested issues of law; A written statement of the contested issues of law. This is not to be a restatement of the disputed facts but the legal issues such as negligence, contributory negligence, etc. This is the most important part of the joint pretrial order as these issues, not the pleadings, will govern the trial. The court wants an agreed list not a separate list for each party. If either party insists on a triable issue, it is to be listed in the pretrial order and will be a triable issue unless the court decides otherwise at the pretrial conference. 9. A list of exhibits (except documents for impeachment only) to be offered in evidence by the parties, and to the extent possible, a stipulation on their admissibility. If the parties cannot stipulate, then the objections must be noted in the proposed pretrial order. To the extent possible, objections shall be ruled on at the pretrial conference. The parties are expected to have complied with Federal Rules of Civil Procedure 26(a)(3)(C) on pretrial disclosures. That rule requires disclosures of witnesses, deposition testimony, and exhibits, (other than impeachment evidence), to the opposing counsel thirty days before trial. Within fourteen days thereafter, the opposing party must serve and file a list disclosing any objection, together with the grounds therefor, to the admissibility of any exhibit, deposition testimony, or witness testimony. Before the conference, each party shall furnish to the other party for copying and inspection all exhibits which are to be offered in evidence. 10. A list of witnesses, indicating those who will be called, in the absence of reasonable notice to opposing counsel to the contrary, and those who only may be called. Any objection to a witness in general must be noted in the proposed joint pretrial order. If any Rule 702 (Aexpert@) witnesses, including treating physicians who will give expert testimony, are listed, the witness shall be identified as such, along with the subject matter of the expert testimony. Opposing counsel shall specify any objection to the witness=s expertise or testimony in the proposed joint pretrial order. To the extent possible, objections will be ruled on at the pretrial conference. 11. Deposition testimony: If a party desires to offer deposition testimony into evidence at the trial, s/he shall designate only those relevant portions to be read at trial. All objections to any such testimony must be noted in the proposed joint pretrial document so that the court may rule prior to trial. To the extent possible, objections will be ruled on at the pretrial conference. 12. An estimate of the length of trial. 2 13. A statement indicating whether the case is a jury trial or non-jury trial. If it is a jury case, counsel shall file with the court, two weeks prior to the beginning of trial, copies of all proposed jury instructions, using the Court’s “shell” instructions as a baseline (https://www.tnwd.uscourts.gov/JudgeLipman/index.juryinst.shtml), any special questions for voir dire examination of the jury venire, and any special interrogatories or verdict forms that counsel wish to submit to the jury. Counsel shall furnish opposing counsel a copy of same. The court will conduct a general voir dire and either ask the proposed special questions of counsel at that time, or allow counsel to conduct limited voir dire. If the case is non-jury, the parties should submit proposed findings of fact and proposed conclusions of law in place of the proposed jury instructions. 14. The amount of the ascertainable damages. The listing of the amount of damages shall not constitute an agreement as to the recoverability of same unless so stated. 15. A list of the names of all attorneys interested in the case and copies of all interested firms= letterheads. 16. A list of any special equipment such as video cassette recorders, overhead projectors, easels, computers, etc. that the parties intend to bring for use at the trial. (The court provides a presentation system including counsel table monitors, witness monitor, an HD ceiling projector, a 75-inch HD television monitor for the jury, a document camera, and a video distribution system for these components. The court does not provide personal computers or laptops to counsel, however, at the Court's discretion, counsel may access the video distribution system with their own laptops to disseminate computer generated evidence. Connection types are HDMI, lightning, display port, mini display port, and USB-C.) Any motions in limine, not covered by the objections, must be filed two weeks before the trial date. The opposing party must file a response within five days of date of service of the motion in limine. The attorneys who will try the case are required to attend the pretrial conference in person. The parties are not required to attend the conference. The attorneys will be generally familiar with pretrial procedures and come to the conference with full authority to accomplish the purpose of the conference, which is to simplify and define the triable issues, expedite the trial, and save expense. At the time of the conference, counsel will report to the Court the prospects of settlement. For a discussion of pretrial conferences, see 23 Federal Rules Decisions 129-138. If an attorney fails to appear at the pretrial conference or to comply with the directions set forth herein, an ex parte hearing may be held and judgment of dismissal or default or other appropriate sanctions entered. After the pretrial conference, the Court will enter a Pretrial Order which shall govern the conduct at trial and will constitute the final statement of the issues involved. 3 Please take note of the requirements of Local Rule [16.4] of this Court. All parties are required to submit to the court pretrial memoranda, including proposed findings of fact and conclusions of law at least 14 days prior to the date of the trial. The submission of pretrial memoranda is not required in jury cases. The procedures set forth in this letter apply to pro se litigants as well as attorneys. 4

=== Civil Case Non-Jury Trials ===

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TENNESSEE Office of the Clerk PRETRIAL PROCEDURES: Non-Jury Trials Prior to the pretrial conference, counsel must do the following: A. Complete all discovery. B. Exchange information as to the ultimate issues of law and fact, eliminate unnecessary or irrelevant issues that appear in the pleadings or discovery, arrive at all possible stipulations, and exchange documents and exhibits which will be offered in evidence at trial. Two weeks before the trial, file Motions in Limine. Responses are due five (5) days after C. the Motion is filed. One week before the pretrial conference, separately submit proposed findings of fact and D. conclusions of law. See Local Rule 16.4. E. Also one week before the trial, submit a single proposed Joint Pretrial Order that covers the items listed below. If unable to agree, submit a proposed joint pre-trial order including all matters agreed upon and a list specifying items of disagreement. Plaintiff=s attorney is responsible for initiating the proposed pretrial order. All counsel are responsible for ensuring the proposed pretrial order is timely filed. The proposed pretrial order shall contain the following: 1. 2. 3. 4. 5. 6. 7. In the caption, a complete listing of all parties who remain in the case as of the date the document is filed. Do not use "et al." Any remaining jurisdictional questions and the parties’ positions on the issues; A list of pending motions; The respective contentions of the parties, including contentions as to liability and the nature and amount of damages; A statement of uncontested facts (possible sources include the pleadings, discovery, or admission of counsel); An agreed-upon list of contested issues of fact that explain the nature of the parties dispute; An agreed-upon list of contested issues of law, such as negligence, contributory negligence, etc., that will govern the trial. This is not to be a restatement of the disputed facts. If either party insists on a triable issue, include it in the pretrial order as a triable issue unless the court decides otherwise at the pretrial conference. 8. A list of exhibits (except documents for impeachment only) to be offered in evidence by the parties, and, to the extent possible, a stipulation on their admissibility. If the parties cannot stipulate, then the objections must be noted in the proposed pretrial order. To the extent possible, objections shall be ruled on at the pretrial conference. The parties are expected to have complied with Federal Rules of Civil Procedure 26(a)(3)(C) on pretrial disclosures. That rule requires disclosures of witnesses, deposition testimony, and exhibits, (other than impeachment evidence), to the opposing counsel thirty days before trial. Within fourteen days thereafter, the opposing party must serve and file a list disclosing any objection, together with the grounds therefor, to the admissibility of any exhibit, deposition testimony, or witness testimony. Before the conference, each party shall furnish to the other party for copying and inspection all exhibits which are to be offered in evidence. 9. A list of witnesses, indicating those who will be called, in the absence of reasonable notice to opposing counsel to the contrary, and those who only may be called. Any objection to a witness must be noted in the proposed joint pretrial order. If any Rule 702 (Aexpert@) witnesses, including treating physicians who will give expert testimony, are listed, the witness shall be identified as such, along with the subject matter of the expert testimony. Opposing counsel shall specify any objection to the witness=s expertise or testimony in the proposed joint pretrial order. To the extent possible, objections will be ruled on at the pretrial conference. Deposition testimony to be offered at trial, and the basis for allowing such testimony. If a party desires to offer deposition testimony into evidence at the trial, s/he shall designate only those relevant portions to be read. All objections to any such testimony must be noted in the proposed joint pretrial document so that the court may rule prior to trial. To the extent possible, objections will be ruled on at the pretrial conference. 10. An estimate of the length of the trial. 11. 12. 13. The amount of the ascertainable damages. The listing of the amount of damages shall not constitute an agreement as to the recoverability of same unless so stated. The names of all attorneys interested in the case and copies of all interested firms= letterheads. A list of any special equipment such as video cassette recorders, overhead projectors, easels, computers, etc. that the parties intend to bring for use at the trial. (The court provides a presentation system including counsel table monitors, witness monitor, an HD ceiling projector, a 75-inch HD television monitor for the jury, a document camera, and a video distribution system for these components. The court does not provide personal computers or laptops to counsel, however, at the Court's discretion, counsel may access the video distribution system with their own laptops to disseminate computer generated evidence. Connection types are HDMI, lightning, display port, mini display port, and USB-C.) ALL ATTORNEYS WHO WILL TRY THE CASE ARE REQUIRED TO ATTEND THE PRETRIAL CONFERENCE. The parties are not required to attend the conference. The attorneys will be generally familiar with pretrial procedures and come to the conference with full authority to accomplish the purpose of the conference, which is to simplify and define the triable issues, expedite the trial, and save expense. At the conference, counsel will report to the Court the prospects of settlement. For a discussion of pretrial conferences, see 23 Federal Rules Decisions 129-138. If an attorney fails to appear at the pretrial conference or to comply with these directions set forth herein, an ex parte hearing may be held and judgment of dismissal or default or other appropriate sanctions entered. After the pretrial conference, the Court will enter a Pretrial Order which shall govern the conduct at trial and will constitute the final statement of the issues involved. These procedures apply to pro se litigants as well as attorneys.

=== Criminal Case Trials ===

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TENNESSEE STANDARD PRETRIAL PROCEDURES FOR CRIMINAL CASES BEFORE JUDGE SHERYL H. LIPMAN (unless different deadlines have been imposed in the case) BY THE CLOSE OF BUSINESS ONE WEEK PRIOR TO TRIAL: A. The Parties shall file on the docket: 1. An agreed set of jury instructions; 2. Alternative versions of jury instructions on which there is not an agreement, with citations and supporting authorities; 3. An agreed verdict form or alternative versions; 4. Motions in limine; and 5. Any stipulations between the parties. B. The Parties shall email to Chambers ([email protected]): 1. The names of all potential witnesses (Government only – for jury selection); and 2. The names of all attorneys involved in the trial and anyone else seated at counsel table. ADDITIONAL PROCEDURES: A. Motions in Limine: 1. Responses shall be filed by 4:00 p.m. three (3) business days after the motion(s) is filed. B. Motions for Continuances: 1. Any motion for a continuance of the trial shall be supported by an affidavit stating the reason(s) for the continuance. 2. The motion shall include the proposed alternative trial dates and other pretrial deadlines consistent with this Order that are agreeable to counsel for all parties. 3. A speedy trial waiver executed by the Defendant shall also accompany that motion. 4. Failure to comply with these requirements may constitute grounds to deny the motion. C. Contacting the Court: 1. The Court’s staff is not authorized to entertain any requests by telephone or email for a continuance or an extension of deadlines for any reason; and 2. Such a request is considered only on a motion filed with the Court.

=== Case Management Instructions for Standard Civil Cases ===

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TENNESSEE CASE MANAGEMENT INSTRUCTIONS – STANDARD CIVIL CASES Fed.R.Civ.P 26 and Local Rule 16 shall guide the conduct of the parties in their preparation of the case. I. SCHEDULING CONFERENCE A Rule 16 scheduling conference will be conducted by the Court as soon as possible, but no later than within one hundred eighty (180) days after the filing of the complaint or within sixty (60) days of the filing of the return of service or waiver of service of the last defendant, whichever is earlier. II. ATTENDANCE REQUIRED The attendance of counsel with significant knowledge of the case and all unrepresented parties is required at the scheduling conference. Counsel and unrepresented parties must be prepared to address any pending motions as well as motions which may be raised orally at the conference. Counsel and unrepresented parties must also be prepared to discuss the case in depth and make binding decisions regarding how the case will proceed. III. BEFORE THE SCHEDULING CONFERENCE: MEET AND CONFER Pursuant to Fed.R.Civ.P 26(f), the parties shall, at least twenty-one (21) days prior to the Rule 16 scheduling conference, meet for discussion and the preparation of a proposed discovery plan that outlines the discovery you need in this case. The parties shall file with the Court a written report outlining the proposed discovery plan, and email a proposed scheduling order using the format of Exhibit “A” to [email protected] at least seven (7) days before the first scheduling conference. Please propose appropriate deadlines for the specific case at issue, rather than simply default to the approximated schedule on the form order attached. In addition, please see Form 52, Appendix to Fed.R.Civ.P, for a checklist of the items to be discussed at the Rule 26 (f) meeting which should be included in your written report. IV. SUBJECTS TO BE DISCUSSED AT SCHEDULING CONFERENCE Generally, at the scheduling conference, the following subjects will be addressed: The status of the case, the general nature of the claims and defenses, issues in the case, and potential use of experts; Jurisdictional and statute of limitations issues (if motions have not already been filed, the Court should be advised at the scheduling conference that there are preliminary matters which require early disposition);1 Setting of all deadlines in the case (see Exhibit “A”), as well as the trial date, pretrial conference and other appropriate deadlines. The court expects to set a definite trial date which does not conflict with criminal case settings. The trial date will be consistent with the particular needs of this case and will be no later than eighteen months from the date of filing, unless the court certifies that the court’s calendar does not so permit or the complexity of the case requires a later setting. The desire of the parties to consent to all further proceedings in the case being handled by the magistrate judge in accordance with 28 U.S.C.  636(c) (including entry of final judgment, with any appeal directly to the Sixth Circuit Court of Appeals); The possibility of settlement, your position regarding settlement, your proposed deadline to engage in alternative dispute resolution and whether you have reached an agreement on the selection of a mediator; Status of all document discovery (parties are encouraged to promptly exchange core document information and, where necessary, to promptly issue requests for production of documents and subpoenas duces tecum to third parties); Any anticipated discovery problems (i.e., the necessity of protective orders, the necessity of inspection of facilities, witness unavailability, delays which may be occasioned because of an individual’s physical or mental condition, etc.); Estimated trial time, and any special issues anticipated in connection with trial; and Any pending motions or motions which may be raised orally at the conference. V. ORDER TO BE ENTERED An order will be entered by the Court following the scheduling conference. The order will be based on the proposed order submitted by counsel and the discussion at the conference. The dates adopted will be those that meet the needs of the specific case at issue, even if the dates provide for a shorter schedule for the matter. VI. SANCTIONS FOR FAILURE TO APPEAR Failure to appear at the scheduling conference, or to comply with the directions of the Court set forth herein, may result in an ex parte hearing being held and the entry of such order as is just, including a judgment of dismissal with prejudice or entry of a default judgment, or other appropriate sanctions, such as attorney’s fees and expenses of opposing counsel, without further notice to the party who fails to appear. 1 Similarly, questions of class certification, qualified immunity, or conflict of interest should be raised at the first possible occasion and no later than the initial Rule 16(b) scheduling conference. 2 EXHIBIT “A” IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION vs. Plaintiff, Defendant. No. ______________ MODEL SCHEDULING ORDER FOR ROUTINE CASES Pursuant to written notice, a scheduling conference was held on [date]. Present were _____________, counsel for Plaintiff(s), and _________________, counsel for Defendant(s). At the conference, the following dates were established as the final deadlines for: INITIAL DISCLOSURES PURSUANT TO FED. R. CIV. P. 26(a)(1): _______________ (should be made before the Rule 16(b) conference, or as soon as possible thereafter but no later than 2 weeks following the conference) MOTIONS TO JOIN PARTIES: _______________________ (within 2 months after conference) MOTIONS TO AMEND PLEADINGS: ______________________ (within 2 months after conference) MOTIONS TO DISMISS: _______________________ (within 3 months after conference) ALTERNATIVE DISPUTE RESOLUTION: (a) ADR DEADLINE PURSUANT TO ADR PLAN RULE 4.3(a): ___________ (within 12 weeks after the scheduling conference) Mediator must file Mediation Certification Form: https://www.tnwd.uscourts.gov/pdf/content/MediationCertificationForm.pdf 3 (b) SELECTION OF MEDIATOR PURSUANT TO ADR PLAN RULE 5.4(c)2: MEDIATOR’S NAME: _______________________ [insert name of mediator] STIPULATION FILING DATE: ___________________ (if no mediator has been selected by the parties, within 1 week of scheduling conference) (If the parties fail to agree upon a Mediator by this deadline, the Court shall select a Mediator for the case from the Court’s Mediator list and shall issue an Order notifying the parties of the Mediator’s identity) COMPLETING ALL DISCOVERY: ________________________ (within 6 to 8 months after conference) (a) WRITTEN DISCOVERY1: _______________________ (Same as discovery deadline or at intervals during the discovery period) (b) DEPOSITIONS: _______________________ (c) EXPERT WITNESS DISCLOSURES (Rule 26): (1) (2) DISCLOSURE OF RULE 26 EXPERT INFORMATION FOR PARTY BEARING BURDEN: ____________________ (2 months before close of discovery) DISCLOSURE OF REBUTTAL RULE 26 EXPERT INFORMATION: ____________________ (1 month before close of discovery) (3) EXPERT WITNESS DEPOSITIONS: ____________________ (by discovery deadline) MOTIONS TO EXCLUDE EXPERTS/DAUBERT MOTIONS: ____________________ (within 1 month after close of discovery) FILING DISPOSITIVE MOTIONS: ____________________ (within 1 month after close of discovery) 1 The parties shall serve requests at least forty-five days before the deadline to complete written discovery to allow sufficient time for responses by the deadline for completion of discovery. 4 JOINT PROPOSED PRETRIAL ORDER DUE: ___________________ (E-Mail Joint Proposed Pretrial Order in Word or WordPerfect format to: [email protected]) PRETRIAL CONFERENCE DATE: ______________________ NON/JURY TRIAL: _________________, 20__ at 9:30 a.m. Trial is anticipated to last approximately _______ days. The parties [do] / [do not] consent to trial before the Magistrate Judge. OTHER RELEVANT MATTERS: As required by Local Rule 26.1(e), the parties have conferred as to whether they will seek discovery of electronically stored information (e-discovery) and [have agreed that e-discovery is not appropriate in this case and therefore they will not seek e-discovery] / [have reached an agreement regarding e-discovery and hereby submit the parties e-discovery plan for the court’s approval] / [have not reached an agreement regarding e-discovery and will comply with the default standards described in Local Rule 26.1(e) until such time, if ever, the parties reach an agreement and the court approves the parties e-discovery plan]. [Pursuant to agreement of the parties, if privileged or protected information is inadvertently produced, the producing party may, by timely notice, assert the privilege or protection and obtain the return of the materials without waiver]. Pursuant to Local Rule 16.3(d), within 7 days of completion of ADR, the parties shall file a notice via ECF confirming that the ADR was conducted and indicating whether it was successful or unsuccessful, without disclosing the parties’ respective positions at the ADR. Pursuant to Local Rule 7.2(a)(1)(A), all motions, except motions pursuant to Fed. R. Civ. P. 12, 56, 59, and 60 shall, be accompanied by a proposed order in a word processing format sent to the ECF mailbox of the presiding judge. Pursuant to Local Rule 7.2(a)(1)(B), the parties are required to consult prior to filing any motion (except motions filed pursuant to Fed. R. Civ. P. 12, 56, 59, and 60). The opposing party must file a response to any opposed motion. Pursuant to Local Rule 7.2(a)(2), a party’s failure to respond timely to any motion, other than one requesting dismissal of a claim or action, may be deemed good grounds for granting the motion. Neither party may file an additional reply to any motion, other than a motion filed pursuant to Fed. R. Civ. P. 12(b) or 56, without leave of the court. Pursuant to Local Rule 7.2(c), if a party believes that a reply is necessary, it shall file a motion for leave to file a reply within seven days of service of the response, setting forth the reasons why a reply is required. 5 Pursuant to Federal Rule of Civil Procedure 16(b)(4), the scheduling order may only be modified for good cause and with this Court’s consent. Good cause requires the moving party to show that it could not meet the scheduling order’s deadline despite that party’s diligence. Potential prejudice to the nonmoving party is also evaluated when considering a motion to extend deadlines. This order has been entered after consultation with the parties. IT IS SO ORDERED this day of , 20 . ___________________________________ SHERYL H. LIPMAN UNITED STATES DISTRICT JUDGE 6

=== Model Scheduling Order for FLSA Cases ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION Plaintiff. v. Defendant. No. ___________________ MODEL SCHEDULING ORDER FOR FLSA CASES Pursuant to written notice, a scheduling conference was held on [date]. Present were ______________, counsel for Plaintiff, and ______________, counsel for Defendant. Prior to the scheduling conference, the parties met and conferred in compliance with Federal Rules of Civil Procedure 26(f). At the conference, the following dates were established as the final deadlines for: INITIAL DISCLOSURES PURSUANT TO FED. R. CIV. P. 26(a)(1): ______________ (should be made before the Rule 16(b) conference, or as soon as possible thereafter but no later than two weeks following the conference) MOTIONS TO JOIN PARTIES AND AMEND PLEADINGS: _______________________ (within 2 months after conference) These deadlines apply only to the Named Plaintiff’s individual claims. Because this is a putative Fair Labor Standards Act (“FLSA”) collective action seeking to facilitate notice to all potential plaintiffs that deadline does not prevent or restrict the joinder of Opt-in Plaintiffs as permitted by any order facilitating notice. Any resulting amendments to the Complaint shall extend through any notice and joinder period ordered by the Court. MOTIONS TO DISMISS: _______________________ (within 3 months of conference) ALTERNATIVE DISPUTE RESOLUTION: ADR DEADLINE PURSUANT TO ADR PLAN RULE 4.3(a): (a) _______________________ (within 12 weeks of conference) Mediator must file Mediation Certification Form: https://www.tnwd.uscourts.gov/local-forms (b) SELECTION OF MEDIATOR PURSUANT TO ADR PLAN RULE 5.4(c)2: MEDIATOR’S NAME: _______________________ [insert name of mediator] STIPULATION FILING DATE: _______________________ (if no mediator has been selected by the parties, within 1 week of conference) (If the parties fail to agree upon a Mediator by this deadline, the Court shall select a Mediator for the case from the Court’s Mediator list and shall issue an Order notifying the parties of the Mediator’s identity) PRE-NOTICE OF PHASE OF DISCOVERY: Defendant shall be permitted to serve written discovery on the Named Plaintiff and take the deposition of Named Plaintiff. The Named Plaintiff may only be deposed once for a maximum of seven hours in total at one sitting (whether the deposition is taken pre-notice or post-notice), unless the parties agree otherwise in writing to adjourn in good faith. Named Plaintiff shall be permitted to serve written discovery on the Defendant and take the deposition of Defendant and officers of Defendant. Defendant and each officer of Defendant may only be deposed for a maximum of seven hours in total at one sitting (whether the deposition is taken pre-notice or post-notice), unless the parties agree otherwise in writing to adjourn in good faith. MOTION TO FACILITATE NOTICE OF FLSA COLLECTIVE ACTION: _________________________ (within 120 days of conference) Defendant shall file its response within thirty days of the filing of Plaintiff’s Motion to Facilitate Notice. Plaintiff may file an optional reply brief, limited to five pages, within fourteen days of the filing of Defendant’s responsive brief. ALL OTHER DEADLINES: Since this is a putative FLSA collective action, the following remaining deadlines should be subject to and contingent upon the Court’s ruling on Plaintiff(s)’ Motion to Facilitate Notice; thus, the parties must consult and submit a Revised Proposed Scheduling Order within fourteen days after the Court’s ruling on Plaintiff(s)’ Motion: (1) Completing all written discovery, including discovery and depositions of all fact witnesses; (2) Expert Witness Disclosures Pursuant to Fed. R. Civ. P. 26(a)(2); (3) Expert Witnesses’ Depositions; (4) Motions to Exclude Experts under Fed. R. Evid. 702/Daubert Motions; (5) Rule 26(e)(2) Supplementation; (6) Filing Dispositive Motions; (7) Joint Proposed Pretrial Order; (8) Pretrial Conference Dates; and (9) Jury Trial date. A scheduling conference will be conducted following the submission of the 2 Revised Proposed Scheduling Order. The parties [do] / [do not] consent to trial before the Magistrate Judge. OTHER RELEVANT MATTERS: As required by Local Rule 26.1(e), the parties have conferred as to whether they will seek discovery of electronically stored information (“ESI”) and [have agreed that e-discovery is not appropriate in this case and therefore they will not seek e-discovery] / [have reached an agreement regarding e-discovery and hereby submit the parties’ e-discovery plan for the court’s approval] / [have not reached an agreement regarding e-discovery and will comply with the default standards described in Local Rule 26.1(e) until such time, if ever, the parties reach an agreement and the court approves the parties’ e-discovery plan]. [Pursuant to agreement of the parties, if privileged or protected information is inadvertently produced, the producing party may, by timely notice, assert the privilege or protection and obtain the return of the materials without waiver]. Pursuant to Local Rule 16.3(d), within 7 days of completion of ADR, the parties shall file a notice via ECF confirming that the ADR was conducted and indicating whether it was successful or unsuccessful, without disclosing the parties’ respective positions at the ADR. Pursuant to Local Rule 7.2(a)(1)(A), all motions, except motions pursuant to Federal Rule of Civil Procedure 12, 56, 59, and 60 shall, be accompanied by a proposed order in a word processing format sent to the ECF mailbox of the presiding judge. Pursuant to Local Rule 7.2(a)(1)(B), the parties are required to consult prior to filing any motion (except motions filed pursuant to Federal Rule of Civil Procedure 12, 56, 59, and 60). The opposing party must file a response to any opposed motion. Pursuant to Local Rule 7.2(a)(2), a party’s failure to respond timely to any motion, other than one requesting dismissal of a claim or action, may be deemed good grounds for granting the motion. Neither party may file an additional reply to any motion, other than a motion filed pursuant to Federal Rule of Civil Procedure 12(b) or 56, without leave of the court. Pursuant to Local Rule 7.2(c), if a party believes that a reply is necessary, it shall file a motion for leave to file a reply within 7 days of service of the response, setting forth the reasons why a reply is required. No depositions may be scheduled to occur after the discovery deadline. All discovery requests or other discovery related filings that require a response must be filed sufficiently in advance of the discovery deadline to enable the opposing party to respond by the time permitted by the Rules prior to that date. Motions to compel discovery are to be filed and served within forty-five days of the default or service of the response, answer, or objection that is the subject of the motion. 3 However, if such default or service occurs within thirty days before the discovery deadline, the motion to compel must be filed within thirty days after such default or service. This case is set for a [non/jury] trial. Pursuant to Federal Rule of Civil Procedure 16(b)(4), the scheduling order may only be modified for good cause and with this Court’s consent. Good cause requires the moving party to show that it could not meet the scheduling order’s deadline despite that party’s diligence. Potential prejudice to the nonmoving party is also evaluated when considering a motion to extend deadlines. This order has been entered after consultation with the parties. IT IS SO ORDERED, this ___ day of ________, 20__. SHERYL H. LIPMAN CHIEF UNITED STATES DISTRICT JUDGE 4