Civil Trial Order (Updated January 2, 2024); Civil Standing Order (updated January 2, 2026); Criminal Pretrial and Trial Order (updated January 2, 2026); Rule 26(f) Report of the Parties (updated January 2, 2026)

=== Civil Trial Order (Updated January 2, 2024) ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION [PLAINTIFF], Plaintiff, v. [DEFENDANT], Defendant. Case No. _____________ Judge J. Philip Calabrese Magistrate Judge _________ CIVIL PRETRIAL AND TRIAL ORDER (January 2, 2024) This Order governs the period from the resolution of any dispositive motions through trial, whether that trial is conducted to the bench or a jury, and other evidentiary proceedings, such as hearings on a motion for preliminary injunction. On [DATE], the Court conducted a pretrial conference attended by [NAME], counsel for Plaintiff, and [NAME] , counsel for Defendant. Based on the discussions at that conference, the Court sets the following schedule and enters this order. Additional pretrial hearings may be scheduled as needed. SUMMARY OF DEADLINES This order sets the following deadlines: Statement of Claims and Defenses: [DATE]. Pretrial Motion Deadline: [DATE]. Response to Pretrial Motions: [DATE]. Final Pretrial Conference: [DATE]. 1 Deadline for Trial Documents: [DATE]. Witness and Document Lists, Trial Briefs, Stipulations: [DATE] Logistics Conference: [DATE]. Exhibits: [DATE] by 12:00 pm Trial: [DATE]. APPEARANCES, DEADLINES, AND CONTINUANCES Lead counsel must be present at all proceedings unless excused by the Court on written motion. Generally, clients or representatives of parties need not attend the conference, unless the Court orders otherwise. Clients and representatives are welcome to attend and participate. Unless otherwise ordered, the Final Pretrial Conference and Logistics Conference will be conducted in person. Consistent with Rule 6, the Court will not extend any deadline set forth in this order or in the Federal Rules of Civil Procedure absent a showing of good cause made on motion sufficiently in advance of the deadline or a showing of excusable neglect on motion made after the deadline. The Court will not continue a trial or hearing without a written motion stating the reason for the request. A motion for continuance due to a conflict of trial dates will not be considered unless the conflicting assignment is adequately described in the motion, including the name of the case, its number, and the trial judge. The motion shall be filed and served not less than fifteen (15) days after counsel becomes aware of the conflict, and not less than thirty (30) days before trial in this case. 2 The Court will not entertain a motion to continue a hearing or to change its format on the day of the hearing absent extraordinary circumstances. Even then, the Court may require the party belatedly requesting a continuance to bear any unavoidable costs. TRIAL DATE This case is scheduled for trial on [DATE] at 8:30 am in Courtroom 16-B, Carl B. Stokes United States Courthouse, 801 West Superior Avenue, Cleveland, Ohio. Counsel must appear at 8:15 am on the morning of trial. The Court will not continue the trial date in this case absent a showing of good cause made in compliance with the procedures set forth in this Order. In addition, any motion for a change of the trial date shall be in writing, shall be made at least two (2) days before the final pretrial conference, and identify all considerations and legal authorities which the movant contends support the motion. FINAL PRETRIAL CONFERENCE The final pretrial conference is scheduled for [DATE] at 9:30 am in Courtroom 16-B, Carl B. Stokes United States Courthouse, 801 West Superior Avenue, Cleveland, Ohio. All trial counsel must be present at the final pretrial conference. Unless otherwise ordered, the following must attend a final pretrial conference in person: (1) lead trial counsel, (2) parties, and (3) a representative with full and final decisional authority, including settlement authority. If any such person is unable to attend in-person, counsel must file a motion, showing good cause, as far in advance of the final pretrial conference as possible and in no event less than 48 hours 3 before the conference. Counsel may not file such a motion without first conferring with all other parties. Before the final pretrial conference, the parties are expected to exchange at least two rounds of good-faith settlement demands and offers. Parties means either the named individuals or, in the case of a corporation or entity, the person most familiar with the actual facts of the case. Party does not mean in-house counsel. Full and final authority means the actual authority to enter into binding commitments on all factual and legal issues without further consultation. With respect to settlement authority, the representative must have full and final authority up to the last demand or amount remaining in controversy. STATEMENT OF CLAIMS AND DEFENSES No later than [DATE], Plaintiff shall file a notice of the claims on which it intends to proceed and present evidence at trial. By the same date, Defendant shall do the same with respect to the defenses on which it bears the burden of proof or production. PRETRIAL MOTIONS Pretrial motions shall be filed on or before [DATE]. All pretrial motions shall state the basis for the motion, identify the authorities on which the movant relies, and otherwise comply with the Local Rules and the Court’s Civil Standing Order. Responses to pretrial motions shall be filed by [DATE]. The Court does not permit replies. 4 Any pretrial motion, including a motion in limine, must contain a certification that, after the parties conferred in good faith, they have a dispute over the subject of the motion that requires a pretrial ruling from the Court. Unless otherwise ordered, each may file only one pretrial motion, which shall address all matters on which the party seeks a pretrial ruling from the Court, subject to the certification requirement in this paragraph. CIVIL STANDING ORDER The Court incorporates its Civil Standing Order here and refers the parties to it, particularly with respect to the participation of younger lawyers. Notwithstanding the close of discovery, the Court will employ the procedures in its Civil Standing Order for resolution of discovery disputes should any dispute regarding this Order or preparations for trial arise. The standing order is available on Judge Calabrese’s page on the Northern District of Ohio’s website. DEPOSITION DESIGNATIONS Any party who intends to present the testimony of witness by deposition must serve designations no later than fourteen (14) days before the final pretrial conference. Failure to designate deposition testimony by this deadline waives the right to present testimony by deposition. Objections to testimony designated must be made no later than seven (7) days before the final pretrial conference. Failure to object by this deadline waives any objection to the designated testimony. 5 Before any testimony is played for the jury, the party presenting the testimony shall edit the video to remove objections. At the final pretrial conference, the Court and the parties shall discuss deposition designations, objections, and the logistics for submitting the testimony to the Court for review before the testimony will be played or read to the jury. TRIAL DOCUMENTS Unless set forth below, the following trial documents are to be submitted to the Court electronically not later than 4:00 pm ten (10) days before the trial date: 1. Preliminary Statement Counsel for the parties shall confer in person and agree on a concise written statement describing the case in an impartial, easily understood manner and submit it to the Court to be read to the jury panel before voir dire. This statement will be used to set the context of the trial for the jury. 2. Witness Lists Counsel shall exchange and provide witness lists to the Court. The witness lists shall provide a brief description and the purpose of each witness to be offered. Each attorney shall have a continuing obligation to supplement the party’s witness list immediately upon learning of any additional witness. 2.A. Guidelines for Witness Testimony Before any witness, including an expert, testifies at trial, counsel for the party calling the witness must supply the Court with a signed copy of the Court’s Guidelines 6 for Witness Testimony (attached) or otherwise certify that counsel has reviewed the Guidelines with the witness. 2.B. Notice During trial, parties shall provide the Court and other parties at least 24 hours’ notice before calling a witness. 2.C. Witnesses Appearing by Remote Technology. Witness testimony may be offered during trial via video conference or other remote technology. Docketed notice must be given of intent to call a witness via video conference at least one week prior to the start of trial. It is counsel’s responsibility to find a location for the witness to receive a video conference call from the Court during trial. Counsel is required to work with the Court’s IT Department and courtroom deputy in advance of trial to test the technology and ensure the video conference communication works in the courtroom. It is also counsel’s responsibility to ensure that the witness, the Court, and opposing counsel have all necessary exhibits. Counsel must be prepared to assure the Court that the witness is who the witness claims to be. 3. Stipulations Counsel for the parties shall confer in person, by telephone, or using remote technology and agree on stipulations and reduce them to writing. Stipulations of fact are strongly encouraged to eliminate the need for testimony of witnesses to facts which are not in dispute. 7 The Court expects that the parties will stipulate to authenticity, absent a genuine dispute on the issue. Stipulations shall be signed by counsel and submitted to the Court. 4. Trial Briefs Counsel for the parties shall submit to the Court, ex parte if necessary, trial briefs providing appropriate memoranda, supported by legal authority, regarding evidentiary questions and any other legal issues which may reasonably be anticipated to arise at trial. A complete trial brief includes: (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, with discussion of the applicable rules and case law applicable to the evidentiary issues. 5. Documentary Evidence Counsel shall submit a list of joint exhibits and documents for admission into evidence. If a party seeks the admission of a document to which another party objects, the parties shall make a single joint submission identifying such documents or exhibits and briefly stating the basis for the objection. 6. Voir Dire, Jury Instructions, Jury Interrogatories, and Verdict Forms Counsel for the parties shall jointly submit written voir dire questions, jury instructions, jury interrogatories, and verdict forms for the Court’s consideration. Counsel should confer in person and, to the extent possible, agree on a complete set of these materials. Counsel may separately submit disputed proposed questions for 8 voir dire, jury instructions, jury interrogatories, and verdict forms to the Court and opposing counsel, supported by legal authority. The Court will reject any proposed questions, instructions, interrogatories, and verdict forms that are not supported with citation to sound legal authority. Ultimately, a single joint submission of jury instructions, jury interrogatories and verdict forms shall be filed, providing: (a) agreed upon instructions; (b) instructions proposed by Plaintiff, but opposed by Defendant; and (c) instructions proposed by Defendant, but opposed by Plaintiff. All proposed instructions shall be supported by citations to legal authority. At or before the charging conference, the Court will provide counsel with the proposed jury instructions. Supplemental requests for instructions during the course of the trial or at the conclusion of the evidence will be granted solely as to those matters that cannot be reasonably anticipated when presenting the initial set of instructions. Copies also should be served upon opposing counsel. LOGISTICS CONFERENCE At 9:30 am on [DATE], the Court will conduct a pretrial conference with the parties to discuss the logistics for trial and to resolve any remaining objections. Any objection to the testimony of a witness must be made no later than 24 hours before the Logistics Conference by filing an objection and the grounds for the objection. 9 OTHER TRIAL MATTERS Objections to Exhibits. Any objections to a proposed exhibit shall be filed and served no later than 12:00 pm three (3) business days before the Logistics Conference. Such objections shall include a brief statement why the proposed exhibit should not be permitted or admitted, as well as specific citations to pertinent case law or other legal authority. Objections The Court expects counsel to confer and make good-faith efforts to resolve any objections to exhibits, witnesses, documents, or any other matter before presenting the issue to the Court for resolution. Failure to do so may result in the Court overruling the objection. In cases involving multiple parties on the same side of the “v,” the Court will treat an objection by one party as an objection by all. Side Bars The Court will not hold conferences at side bar or in chambers during trial to consider legal issues including evidentiary rulings that could have been raised before trial without a showing that counsel could not, by the exercise of due diligence, have anticipated them in advance of trial. TRIAL EXHIBITS All exhibits must be marked before trial in accordance with Local Rule 39.1, except that all parties shall label their exhibits with numbers. The Court does not require binders containing hard copies of exhibits, absent a specific request. The 10 Court will not allow exhibits to be shown to the jury during trial except as set forth in this order. Exhibits not identified and exchanged before 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. The Court is using technological means to facilitate the viewing of exhibits by jurors. Each party must submit all exhibits on a single storage device such as a USB drive. A separate USB drive should be provided for Plaintiff’s Exhibits, Defendant’s Exhibits, and any Joint Exhibits. Each party must send the exhibits to chambers in a manner that guarantees receipt of the exhibits no later than noon on Friday before trial commences. The electronic copies of exhibits must be named using a naming convention similar to: <exhibit number>-<exhibit part>_<exhibit description>.<file extension>. The exhibit number must be a number. Exhibits with subparts can be so designated using a letter for the exhibit part. The use of the underscore character is required when an optional description of the exhibit is included and cannot be used elsewhere in the exhibit name. Examples of valid exhibit file names include: 1-a_photograph.jpg 12_2009 Tax Statement.pdf 35d.pdf 12(a)_camera footage.wmv 11 Any questions regarding the naming conventions for the electronically stored exhibits should be directed to David Zendlo at (216) 357-7053. To maintain consistency between the electronic and the paper exhibits, both parties shall label their exhibits with numbers. Counsel shall mark all exhibits before trial with official or similar stickers. Exhibits shall be labeled with the party followed by the exhibit number (e.g., “Pl 1” or “Def 2”). The case number shall also appear on the stickers. Whenever a multi-page exhibit is used, each page of the exhibit must be separately numbered. For example, if Plaintiff’s Exhibit 1 is a three- page document, the first page should be marked as Pl 1-1, the second page marked Pl 1-2, etc. If there are multiple defendants, the party’s last name should precede the numbers or letters (e.g., “Def. Jones-1001” or “Company A-1001”). Exhibit stickers are available from the Clerk on request. DEMONSTRATIVE EVIDENCE AND EXHIBITS If demonstrative evidence and exhibits such as models, sketches, or PowerPoint slides are to be used at trial, counsel shall exchange them no later than two (2) business days before the trial date. A party must provide at least 24 hours’ notice of any modification to such materials. Counsel shall also exchange any PowerPoint slides or the like intended for use in opening statements no later than 48 hours before the Logistics Conference. If counsel are unable to resolve any dispute about the use of PowerPoint slides or demonstrative exhibits, they must advise the Court at the Logistics Conference. Failure to do so will result in the Court allowing the parties to use any properly 12 exchanged demonstratives in opening statement without objection. Similarly, with respect to closing arguments, counsel must exchange any PowerPoint slides or the like as soon as practicable and before beginning closing arguments. Failure to advise the Court of any dispute about the use of PowerPoint slides or demonstrative exhibits before a closing argument begins will result in the Court allowing their use without objection. If any party intends to use paper documents in the courtroom, instead of electronic versions, they should have paper copies for each of: the Judge, the court reporter, the Courtroom Deputy, and the law clerk. When providing a copy to the Judge, counsel shall provide the document to the Courtroom Deputy. SETTLEMENT BEFORE TRIAL If the parties reach a settlement before trial, they must promptly advise the Court. If a jury has been summoned at the time of settlement, the Court will assess the costs for summoning jurors for one (1) day of service equally among the parties unless the parties agree to a different arrangement or there is good cause to waive or modify this provision. VOIR DIRE The entirety of the panel, including those seated in the gallery, will be conducted at one time. The Court will conduct a preliminary voir dire addressed to general matters and the specific issues in the case. Counsel may briefly question the panel to supplement the Court’s examination. However, counsel may not repeat the Court’s questions. 13 If counsel prefer the Court ask specific questions for any reason, they may supply them to the Court no later than the logistics conference discussed above. Challenges. Challenges for cause and peremptory challenges will be heard outside the jury’s presence. First, the Court will consider challenges for cause. Then, the Court will consider peremptory challenges. The entire panel (i.e., jurors seated in the jury box and in the gallery in the back of the courtroom) shall be challenged for cause and peremptorily challenged in a continuous sequence without reseating prospective jurors. It is counsel’s responsibility to determine the current makeup of the jury by reference to the seating plan. Each party will exercise a peremptory challenge in alternative sequence beginning with Plaintiff. If either party passes or declines to exercise a peremptory challenge, that challenge is considered used. Following selection of the twelve members of the jury, the parties will then proceed to exercise any peremptory challenges on the alternates in the same manner. TRIAL CONDUCT AND PROCEDURE Trial will begin promptly each day by 8:30 am and adjourn around 5:00 pm, with one break in the morning, a lunch break, and one break in the afternoon. At the final pretrial conference, the Court will discuss any variance to this schedule based on the anticipated length of the trial. Unless otherwise ordered, counsel should arrive 30 minutes prior to the start of a day in trial. When counsel and the jurors are assembled, trial may start early. 14 Additionally, at the end of each trial day, the Court expects counsel to confer about the witnesses and exhibits expected to be used in trial the next day. No later than 10:00 pm, counsel must email chambers advising of any objections or other issues that require the Court’s attention before resuming proceedings with the jury. When appearing in this Court, all counsel (including, where the context applies, all persons at counsel table) shall abide by the following: 1. 2. 3. Stand as court is opened, recessed, or adjourned. Stand when the jury enters or retires from the courtroom. Remain seated at counsel table when addressing the Court and speak directly into the microphones. 4. Use the lectern facing the jury for voir dire, opening statement, and closing argument. 5. When making an objection, state the legal basis for the objection only in a word or two. For example, a proper objection is “Objection, 403” or “Objection, leading.” If the Court requests a response, be brief without making a speech. Objections may not be used to make speeches, repeat testimony, or attempt to guide a witness or to influence the jury. If it is critical to the case that counsel be heard in more detail immediately, counsel may request a sidebar to explain the basis for an objection. Otherwise, counsel may make a record regarding the objection at the next break. 6. Request permission before approaching a witness. When permission is granted for the purpose of working with an exhibit, counsel should return to the 15 lectern when finished with the exhibit. Counsel should use the lectern to examine a witness but may move within the well of the courtroom within reason. 7. Counsel may not interrupt a witness. Counsel will wait until the witness has finished answering before asking the next question. 8. 9. Address all remarks to the Court, not to opposing counsel. Avoid disparaging personal remarks or acrimony toward opposing counsel and remain wholly detached from any ill feeling between the litigants or witnesses. 10. Refer to all persons, including witnesses, other counsel, the parties and the Court’s clerks by their surnames and not by their first or given names. Counsel should not exhibit familiarity with witnesses, jurors, or opposing counsel. 11. Only one attorney for each party may examine or cross-examine each witness or argue an issue or point. The attorney stating objections, if any, during direct examination, shall be the attorney recognized for cross-examination. At the final pretrial conference, the parties may agree to alter this rule based on the provisions below regarding Less-Experienced Lawyers. 12. Any witness testifying at the time of recess or adjournment must be back on the witness stand when the Court reconvenes. If a new witness is to be called, he or she must be standing in front of the witness box ready to be sworn. 13. In examining a witness, counsel shall not unnecessarily repeat or echo the answer given by the witness. 16 14. During examination of a witness, counsel must first ask the Court for permission to confer with co-counsel. 15. Gestures, facial expressions, audible comments, or the like, as manifestations of approval or disapproval during the testimony of witnesses, or at any other time, are absolutely prohibited. 16. Do not ask the court reporter to mark testimony. All requests for re-reading of questions or answers shall be addressed to the Court. 17. If the Court takes a break while a witness is on the stand, counsel may not have any substantive conversations with the witness about his or her testimony, the case, any evidence, or any other matter relating to the case being tried. JURY DELIBERATIONS Counsel are required to remain within ten (10) minutes of the courtroom during jury deliberations. Before leaving the immediate vicinity, counsel are required to report to the courtroom deputy. ELECTRONIC COURTROOM All parties wishing to familiarize themselves with the presentation equipment and other technology available for use in the courtroom before trial should contact the courtroom deputy at (216) 357-7265 no later than one week before trial to schedule a time to visit the courtroom. If technological assistance with any of the equipment will be required, parties should also contact the Court’s technology advisors to ensure that someone will be available during the scheduled time to assist 17 with the set-up and use of any equipment or any other technological issues that may arise. CONDUCT OF COUNSEL In addition to the provisions of this order, 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. LESS-EXPERIENCED LAWYERS The Court strongly encourages parties to allow less experienced lawyers the opportunity to participate actively in cases by presenting arguments at motion hearings or examining witnesses at trial or other evidentiary hearings. Therefore, the Court may alter its practices in this order to afford opportunities to less- experienced lawyers. For example, the Court may allow a bifurcated oral argument in which a senior attorney presents one portion of the argument and a less- experienced lawyer who has worked on the case presents the other portion. Similarly, at trial, the Court may relax the usual one-lawyer-per-witness rule to allow less experienced lawyers an opportunity to examine witnesses. Counsel seeking permission to bifurcate arguments or witness examinations should raise the issue at the final pretrial conference or by contacting the courtroom deputy. SO ORDERED. 18 Dated: January 2, 2024 J. Philip Calabrese United States District Judge Northern District of Ohio 19 GUIDELINES FOR WITNESS TESTIMONY Judge Calabrese requires every witness who testifies to follow these rules: 1. Because the court reporter is writing down every word that anyone says, it is important to keep your voice up and answer every question orally—not with nods of the head or “uh-huh” or “yeah” or “mm-hmm.” 2. Wait until counsel finishes asking you a question before answering. Do not speak over counsel or the Judge. 3. 4. Speak directly into the microphone. Answer the question asked and only the question asked. Do not make a speech. Your lawyer will have the chance to ask you questions. 5. 6. Answer questions with courtesy. Evasive answers, answering a question with a question, or disrespect to counsel will not be tolerated. 7. If a lawyer objects, do NOT speak until the Court tells you whether to answer the question or not. I declare under penalty of perjury under the laws of the United States of America that I have read these Guidelines and will abide by them. I understand that failure to do so may result in sanctions, including being held in contempt. Dated: _________________________________ Name of Witness (Printed) _________________________________ Signature

=== Civil Standing Order (updated January 2, 2026) ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION J. Philip Calabrese United States District Judge Northern District of Ohio Carl B. Stokes U.S. Courthouse, Courtroom 16B 801 West Superior Avenue Cleveland, Ohio 44113 (216) 357-7265 [email protected] STANDING ORDER ON CIVIL PROCEDURES (Updated January 2, 2026) These procedures apply in all civil matters unless the Court orders otherwise. A separate order governs the conduct of trials. Once the Court and the parties schedule a trial in any case, the trial date will not change absent extraordinary circumstances. 1. Scheduling In general, when the Court schedules a conference, hearing, or other proceeding without consulting the parties, if counsel or a necessary party is unavailable, counsel should confer then submit a notice advising of the conflict, the reason for it, and three (3) other dates and times in the same general timeframe as the scheduled proceeding. Note that this provision does not apply to trial dates, discovery cut-offs, or other dates established in a case management order. This provision governs status conferences or hearings set without input from the parties or their lawyers. 2. Jurisdiction and Corporate Disclosure Statement The Court has an independent obligation to ensure its jurisdiction. In any case in which the basis for jurisdiction is not apparent, counsel shall be prepared to discuss the Court’s jurisdiction at the initial case management conference. The Court may order briefing or other steps to determine jurisdiction as early as possible in the life of the case. In addition to the information set forth in Local Rule 3.13, the Court directs counsel for any corporation to include in the disclosure statement a corporation’s State of incorporation and principal place of business. Similarly, counsel for any LLC, LLP, partnership, or similar entity must include in the disclosure the State of incorporation and principal place of business for the entity and each member of the entity. Failure to provide the disclosure that Local Rule 3.13 requires or to include the information specified in this Section will result in dismissal or remand for failure to establish that the Court has jurisdiction. On a showing of good cause, the Court may grant a brief extension for a party to make the required disclosure. 3. Answers, Amendment, and Motions under Rule 12 The Court requires the filing of an answer to the complaint regardless of whether the defendant has filed or plans to file a motion under Rule 12. The filing of such a motion shall not delay the time in which the party must answer the complaint. Accordingly, the Court may construe any motion brought under Rule 12(b)(6) as a motion for judgment on the pleadings based on Rule 12(c). 2 Any motion for leave to amend or an amended pleading filed as of right shall attach as an exhibit a redline, document showing track changes, or other comparison showing all amendments or proposed amendments to the original pleading. Further, the motion shall state whether the defendant has consented under Rule 15(a)(2). 4. Discovery Conference, Joint Discovery Plan, and Initial Disclosures 4.A. Initial Disclosures The Court strongly prefers that the parties exchange robust initial disclosures at least seven (7) days before the Rule 26(f) conference to facilitate discussions at the conference. At the parties’ request, the Court will continue the initial case management conference to allow the exchange of initial disclosures in advance of the Rule 26(f) conference. If not made before the Rule 26(f) conference, counsel shall be prepared to explain at the case management conference why they did not make initial disclosures before the Rule 26(f) conference, and the parties shall make the disclosures required by Rule 26(a)(1) within fourteen (14) days after the discovery conference, unless they agree otherwise in the discovery plan. 4.B. Preparation for the Rule 26(f) Conference Before counsel of record commit to dates and a discovery plan, the Court expects that they have consulted with their respective clients and that clients have provided counsel with sufficient and accurate information to conduct a meaningful conference with opposing counsel and the Court, including on matters regarding discovery of electronically stored information. 3 4.C. Discovery Conference (Rule 26(f As soon as all counsel are identified, but in any event no later than their receipt of the Notice of Case Management Conference, all counsel shall schedule a date for the discovery conference required by Rule 26(f). This conference must include any party proceeding pro se. 4.D. Joint Discovery Plan Following the discovery conference, and sufficiently in advance of the case management conference as Rule 26(f)(1) and (2) require, the parties shall file the discovery plan required by Rule 26(f)(3). They shall use the required form for the Rule 26(f) Report of the Parties, which is available on the Court’s website under Judge Calabrese’s Standing Orders. The Court will refer back to this document throughout the pretrial management of the case. In addition to counsel, each party must physically (not electronically) sign the Rule 26(f) Report. Parties may sign the Report in counterparts. In the case of an entity, the signatory must identify his or her title or position and be a person with authority to bind the entity to the matters reported. By signing the Rule 26(f) Report, each party and counsel certify that they have conferred in good faith, the answers and information provided in the Rule 26(f) Report are complete and accurate to the best of their knowledge after reasonable inquiry, and no position taken or stated in this Report is asserted for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation. 4 5. Case Management Conference At the initial case management conference, and every other status conference, hearing, or meeting with the Court, counsel should not make proposals opposing counsel is hearing for the first time. To make the best use of the Court’s time, any proposals should be made sufficiently in advance for other parties to confer with their clients and be in a position to make binding representations and commitments on the matter. 5.A. Timing The Court will typically schedule a case management conference to occur within thirty (30) days of the date of filing of the last permissible responsive pleading, but not later than ninety (90) days from the date counsel for the defendant(s) enter their notice of appearance, regardless of whether defendant(s) file a responsive pleading by that date. 5.B. Attendance of Clients and Parties Generally, clients or representatives of parties need not attend the conference, unless the Court orders otherwise. Clients and representatives are welcome to attend and participate. Any party not represented by counsel must appear at this conference. 5.C. In-Person Conference Generally, the conference will be conducted in person, unless otherwise noted when the conference is scheduled. After conferring, if all parties agree to conduct the case management conference virtually, they may file a motion no later than seven (7) 5 calendar days before the conference, and the Court will likely grant the motion. The Court will consider such a motion only after the parties have filed the Rule 26(f) Report. 5.D. Changes by Motion Any request to excuse or require in-person appearance of counsel, parties, or representatives or to reschedule the date or time of the case management conference shall be by motion filed no later than seven (7) calendar days before the conference, absent extenuating circumstances. Any motion to reschedule the conference shall identify at least three (3) dates when all participants for all parties are available within the same general timeframe. Therefore, the movant shall confer with opposing counsel before filing a motion. Failure to comply with these procedures will result in denial of the motion. The Court will not entertain telephone calls or emails requesting that the conference be rescheduled or that lead counsel be excused. 5.E. Agenda Counsel must be prepared to address and enter into binding commitments on the following items, as applicable, in addition to those set forth in the Rule 26(f) report: • • • A brief synopsis of the essential facts and legal claims at issue, from each party’s perspective. The key disputes of fact or law that will drive dispositive motions, trial on the merits, or another resolution. The limited discovery or other case development required to front those issues. Whether the parties made initial disclosures before counsel conducted the Rule 26(f) conference and, if not, why not. 6 • • • • • What discovery will likely entail and how much time it will require. Matters that will likely require expert testimony and any anticipated issues relating to experts. Any impediment to use of the Court’s electronic filing system. What methods of alternative dispute resolution may be appropriate, whether limited discovery or other expedited or threshold proceedings may facilitate early or efficient resolution of the parties’ dispute, the optimal timing for settlement discussions, and what role (if any) the Court may play to facilitate discussions between the parties. Whether any part of the case, specific issues, or limited proceedings (short of the case as a whole) are appropriate for consent to the jurisdiction of a Magistrate Judge. Again, parties should not hear from opposing counsel about proposals for scheduling or structuring the litigation for the first time at the case management conference. 5.F. Resolution Before the Case Management Conference If the parties resolve the case before the conference, counsel shall submit a jointly signed stipulation of settlement or dismissal and notify the Court immediately. 5.G. Failure to Appear Failure to appear at a case management conference may result in the imposition of sanctions, including an order to show cause why a finding of contempt is not appropriate. Additionally, it may constitute grounds for dismissal for failure to prosecute or entry of a default judgment. Counsel’s appearance without authority to enter into a binding case management order and make commitments about the case will be treated as a failure to appear. 7 5.H. Amending a Case Management Order or Schedule Once the Court sets deadlines at the case management conference or at any subsequent conference, the Court will not change them without a showing of good cause. Typically, good cause requires the movant to show diligence. Good cause does not include a failure to conduct an adequate investigation or to meet and confer about the issues before the deadline was set. 6. Discovery Generally, discovery materials should not be filed with the Court unless a party is using them to support a motion for which they are required. 6.A. Steps Required Before Filing Any Discovery Motion Generally, before bringing any discovery dispute to the Court, the party raising the issue must be in compliance with his, her, or its discovery obligations. THE COURT DOES NOT PERMIT THE FILING OF DISCOVERY MOTIONS (including motions to compel, motions to quash, motions for protective order, motions relating to a subpoena, motions for sanctions, or any other motion available under Rules 26 through 37) regarding discovery disputes, unless and until counsel use the following procedure: 1. Counsel must first attempt to resolve disputes by extrajudicial means (as required under Rule 37(a)(1) and Local Rule 37.1). Generally, efforts to resolve a dispute over discovery require conferring in person or by telephone, not simply by email or text message. 8 2. If counsel are unable to resolve the dispute, then they must contact chambers at (216) 357-7265 or [email protected]. Under Local Rule 37.1(a)(2), the Court will schedule a conference by phone or Zoom with all counsel as soon as possible. 3. If the conference does not resolve the dispute, the Court may direct the parties to submit their respective positions, generally in letter format not to exceed two (2) pages, to the Court in an effort to resolve the dispute without briefing. Alternatively, the Court may request that counsel take such other actions as the circumstances warrant to achieve a prompt and efficient resolution of the dispute. If the Court is still unable to resolve the dispute, it will inform the parties of deadlines by which to file their respective motions and briefs. The Court may hold a hearing on the motion. 6.B. Determinations of Responsiveness (In Camera Review) In responding to a discovery request, if a party has any question whether particular documents or information are responsive or discoverable, the responding party may submit the documents or information to the Court for in camera review. 6.C. Discovery Cut-Off Discovery requests must be made sufficiently in advance of the discovery cut-off such that responses are due before the deadline. For example, if the time to respond to a discovery request under the appropriate rule is thirty (30) days, the discovery request must be made at least thirty-one (31) days before the discovery deadline. 9 Any facts relating to the case that an expert intends to review must be disclosed sufficiently in advance of the fact discovery cut-off to allow for reasonable follow-up discovery. Similarly, any discovery dispute must be raised sufficiently in advance of the discovery cut-off to allow the completion of discovery by the deadline. Counsel, by agreement, may continue discovery beyond the deadline. In that case, no supervision of or intervention in the continued discovery will be made by the Court unless there is a showing of extreme prejudice. No dispositive motion deadline or trial date will be vacated as a result of information acquired during discovery conducted after the deadline. Any motion to change a discovery deadline should be made sufficiently in advance of the deadline and not on the day of the deadline itself. 6.D. Disclosure of Lay Witnesses Each party shall disclose the name of any lay witness it intends to call at trial no later than thirty (30) days before the discovery cut-off. Absent a showing of good cause and extraordinary prejudice, failure to make this disclosure will result in the preclusion of testimony by the witness. 6.E. Protective Orders If the parties jointly seek approval and entry of a protective order other than the one appearing in Appendix L to the Local Rules, they must email a Word version of the proposed protective order to the Court at Calabrese_Chambers@ ohnd.uscourts.gov. 10 6.F. Objections The Court strongly disfavors boilerplate and general objections. Generally, such responses will be treated as a waiver of any and all objections, including claims of privilege. Objections must be made in good faith and with specificity tied to a particular request. Objections based on undue burden must provide some explanation, quantification, or other showing of the claimed burden. 6.G. Expert Disclosures Unless the Court orders otherwise, the first expert disclosure deadline applies to any expert a party intends to use to carry its burden of proof on any claim or defense. The second expert disclosure applies to reports rebutting that initial expert report and may not be used for belated expert disclosures. An expert may not consider any facts relating to the case unless they are produced in discovery sufficiently in advance of the fact discovery cut-off to allow a party to conduct reasonable follow-up discovery based on the disclosure of those facts. See Rule 26(a)(2)(B)(ii). Any doubts about production or disclosures of such facts should be resolved in favor of disclosure. 6.H. Deposition Conduct The Court will strictly enforce the requirements of Local Rule 30.1. Further, to exercise reasonable control over the mode of witness examinations and the presentation of evidence, promote the search for truth, avoid wasting time, and protect witnesses from harassment and undue embarrassment, see Fed. R. Evid. 11 611(a); Fed. R. Civ. P. 30(d)(3)(B), the Court admonishes parties and counsel that it will enforce the following procedures for the conduct of depositions: 1. Counsel must behave professionally at all times during depositions. Depositions must be civil, and attorneys must be respectful to witnesses, the court reporter, and other attorneys. Counsel must conduct themselves as if in Court and as if the jury is watching. See Fed. R. Civ. P. 30(c)(1). Questioning the Witness 2. Counsel must not interrupt a witness who is answering a question. By asking a question, counsel has passed the baton to the witness. Let the witness finish. 3. If the questioning attorney interrupts, the attorney for the witness may insist that the witness be allowed to complete his or her answer. 4. A questioning attorney should not ask the same question over and over. If the attorney does so, the remedy is to invoke the rule of completeness at summary judgment or trial. See Fed. R. Civ. P. 32(a)(6). If necessary, and after complying with Rule 6.A. above, counsel for the witness can seek a protective order if the questioning attorney unreasonably annoys or oppresses the witness. See Fed. R. Civ. P. 30(d)(3)(A). 5. Do not deliberately mislead the witness with false or incomplete information. Do not mischaracterize what the witness previously said. Do not attempt to trick the witness. If the attorney for the witness believes that the questioning attorney is deliberately mischaracterizing the facts or the testimony, counsel should take a break and confer. After the deposition, the Court may entertain 12 a motion as necessary after the parties have complied with Rule 6.A. above. The provisions of Rule 37(a)(5) apply to any such motion. 6. Counsel taking and defending the deposition should avoid reiterating or paraphrasing what the witness previously said. It almost always creates confusion and trouble. When the questioning attorney paraphrases the testimony, it is common for the summary to be not quite accurate or complete, which may lead to disputes. The transcript will speak for itself. On the flipside, the attorney defending the deposition must avoid repeating prior testimony, which the Court will treat as an improper speaking objection because it can be a way to signal what future testimony should be. Avoid saying “you previously told me ‘X,’” or “the witness already testified that ‘Y.’” Objections 7. Speaking objections are not permitted. See Fed. R. Civ. P. 30(c)(2). Unless instructing a witness not to answer a question on the basis of privilege, a lawyer defending a deposition may say, “Objection, Form” or “Objection, Foundation,” and nothing more unless specifically asked for the reason a question is perceived to be defective. That is, the questioning attorney can ask the objecting attorney to explain the objection and to have an opportunity to “correct[]” the “form of a question . . . at the time.” Fed. R. Civ. P. 32(d)(3)(B)(i). Only if the questioning attorney asks for clarification, which invites a more fulsome explanation, may an objecting attorney say anything other than, “Objection, Form” or “Objection, Foundation.” 13 8. In rare and limited circumstances, counsel defending the deposition may make reasonable, succinct requests for clarification. For example, it is acceptable to ask the questioning attorney to clarify what month or year he or she is asking about (if the time period matters), especially when the questioning attorney moves back and forth between different time periods. As a second example, asking the questioning attorney to clarify who “he,” “she,” or “they” refer to may be appropriate, if necessary. Any request for clarification must be unobtrusive, made in good faith, and (hopefully) rare. 9. Counsel defending a deposition must not coach witnesses, make lengthy objections, or say or do anything that interferes with the fair examination of the deponent. 10. The Court will view interjections by counsel such as “if you know,” “if you remember,” “if you understand,” or “if you have personal knowledge” as an attempt to coach the witness. Such statements violate this Standing Order. Evasive or Incomplete Answers 11. Witnesses must give direct answers to straightforward questions. An “evasive or incomplete disclosure, answer, or response must be treated as a failure to disclose, answer, or respond.” Fed. R. Civ. P. 37(a)(4). The Court will treat evasive deposition testimony as a failure, if not a refusal, to testify. Further, the Court may order a witness who gives evasive answers to sit for an additional deposition, among other remedies. See Fed. R. Civ. P. 30(d)(1); Fed. R. Civ. P. 37. 14 12. If a witness repeatedly filibusters, the witness may become eligible for extra deposition time. See Fed. R. Civ. P. 30(d)(1). Therefore, there is no reason to interrupt. 13. In response to a question calling for a “yes” or “no” answer, a witness should limit the answer to “yes,” “no,” or state that the question cannot be answered with a “yes” or a “no.” (If truthful, responses of “I don’t know” or “I don’t recall” are also appropriate.) Counsel for the witness may elicit a more complete response on redirect. Generally, narrative responses to questions are inappropriate. Duration of Depositions The Court will not enforce any agreement to alter the 7-hour duration for a deposition unless it is in writing. Fed. R. Civ. P. 30(d)(3)(B); Fed. R. Civ. P. 29. One day of 7 hours means 7 hours on the record exclusive of breaks. 7. Sealing and Redacting Documents Filed with the Court 7.A. Showing and Procedure for Sealing or Redactions Beyond the requirements of Local Rule 5.2, the Court typically allows parties to redact specific information (generally a few words), on a limited basis as necessary to protect bona fide trade secrets or other confidential matters. Before filing a document with redactions, the party must seek leave to do so, explaining the basis for each redaction requested, certifying that the party has conferred with the producing party and the producing party’s position (if the party did not produce the document), and simultaneously providing unredacted versions of the document at issue with the proposed redactions highlighted or otherwise marked to the Court for 15 review by email to chambers. A motion for leave must be filed sufficiently in advance of the deadline, typically at least seven (7) days. Once the Court determines that making redactions is appropriate, the party must (1) file a redacted version of the document at issue; (2) serve counsel with an unredacted version; and (3) file an unredacted version under seal. Only in rare circumstances will the Court permit filing an entire document under seal. The Court expects the parties to justify any request for redactions or sealing a document in its entirety under Shane Group, Inc. v. Blue Cross Blue Shield of Michigan, 825 F.3d 299 (6th Cir. 2016), and its progeny. 7.B. The Effect of a Protective Order In the Court’s view, Shane Group does not authorize filing under seal or redactions simply because a party produced a document or information marked confidential under a protective order. Instead, consistent with the law of this Circuit, the party requesting sealing or redaction must analyze, in detail, document by document, the propriety of confidentiality, providing reasons and legal citations in support. 8. Status Conferences Counsel or pro se litigants may, at any time, request a status conference by filing a motion, and the Court will likely grant such a request. The Court may also schedule a status conference on its own initiative. The Court will decide whether a status conference should proceed in person or using remote technology, but will generally defer to the judgment of the parties in that regard. Any party wishing to 16 address an issue at the status conference shall provide to the Court and the opposing party, no later than three (3) days before the conference, a summary of each issue the party intends to raise. 9. Motions and Briefs The title of any document should not appear in the caption. 9.A. Length of Briefs The Court will strictly enforce provisions regarding the length of memoranda filed in support of motions under Local Rule 7.1(f) and this Order. However, the Court does not count pictures, simple tables, graphs, or other such demonstratives toward the page limits, preferring that they appear in the text of a brief instead of as an exhibit or appendix. 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. Motions for relief from length restrictions filed contemporaneously with a memorandum exceeding the page limits will be denied. In no event shall the request to exceed the page limitations extend the time for filing the underlying memorandum. For purposes of the length of briefs and the deadlines, the Court treats motions for class certification as dispositive motions but not motions for notice to potential opt-in plaintiffs in actions under the Fair Labor Standards Act. 9.A.i. Word Limits or Page Limits Local Rule 7.1(f) sets page limits for briefs on different case management tracks. To make effective use of technology, and in the interest of using typefaces and 17 other tools of widely available word processing software effectively, the Court encourages parties to use word limits instead of page limits. Parties may substitute word limits for page limits according to the following table: Track Page Limit Word Limit Expedited Administrative Standard Unassigned Complex Mass Tort 10 20 20 20 30 40 3,500 7,000 7,000 7,000 11,000 15,000 If using word limits instead of page limits, briefs must still contain the certification that Local Rule 7.1(f) requires, with reference to the appropriate track and word limit. Briefs exceeding 7,500 words must have a table of contents and a table of authorities. 9.A.ii. Footnotes Footnotes, if they must be used at all, may not be used to evade the page limits of Local Rule 7.1(f). The Court will strike any memorandum containing an inordinate number of footnotes or lengthy footnotes. Generally, citations should appear in the text of a brief, not in footnotes. 9.A.iii. Formatting The Court will strike any memorandum taking liberties with formatting to comply with the page limits of Local Rule 7.1(f). All briefs and memoranda shall have 18 (1) one-inch margins on all sides; (2) double-spaced text with a minimum of 12-point font in Times New Roman, Century Schoolbook, or similar proportionally spaced typeface; (3) footnote text in at least 10-point font in the same typeface as the main body of text; and (4) citations in the main body of text and not in the footnotes. 9.B. PDF Formatting Because the Court works almost entirely electronically and without paper, all motions and briefs should be filed in a text-searchable PDF format. To the greatest extent practicable, depositions transcripts and other exhibits should be too. The Court strongly prefers that PDFs contain (1) bookmarks of internal divisions for easier navigation (which are created using styles), and (2) hyperlinks both in any tables and in the body of the document to the record and authorities cited and internal hyperlinks to facilitate electronic movement through the memorandum. 9.C. Reply Briefs Absent unusual or extraordinary circumstances, reply briefs should not present new evidence or arguments. 9.D. Surreplies No surreplies will be permitted absent leave of Court, which will be given rarely and only for truly good cause. 9.E. Memoranda in Cases with Multiple Plaintiffs or Defendants Generally, the Court will require multiple parties on the same side of the “v” to file and join a single brief raising all issues and arguments the parties intend to present. For example, if three defendants move to dismiss a complaint or for 19 summary judgment, they shall file one brief—even if the parties raise different grounds or the arguments involve different claims. A party may note in the memorandum that it is not joining a particular argument. If appropriate, the Court will consider adjusting page limits or deadlines within reason to accommodate the filing of a single memorandum so long as such a request is made sufficiently in advance of the deadline. Similarly, the opposing party must file a single memorandum addressing all issues when responding. 9.F. Cross-Motions If the parties anticipate or engage in cross-motion practice (e.g., each party files a motion under Rule 12 or Rule 56), the Court generally prefers and will order a four-brief schedule. Under this approach, the movant files an opening brief. In response, the opposing party files a single brief, which is a combined cross-motion and response brief. Then, the movant files a combined response brief and reply in support of the original motion. The closing brief is the opposing party’s reply. The Court prefers this four-brief structure and finds it more efficient than a competing six-brief cross-motion approach with simultaneous deadlines. 9.G. Emergency Motions and Motions for Injunctive Relief If a party seeks a temporary restraining, a preliminary injunction, or files any motion on an emergency basis, in addition to the requirements of Rule 65(b), if applicable, the movant shall certify that the motion, after conferring with opposing 20 counsel, is necessary or certify the reasons why prior consultation with an opposing party was not possible or practicable. 9.H. Courtesy Copies The Court directs parties not to provide courtesy copies of any filings to chambers unless otherwise ordered. If the Court requests a courtesy copy of any brief or document, the copy provided must include the CM/ECF heading with the document number and page identification number. 9.I. Proposed Orders Parties should not file proposed orders with any motion unless the Court requests otherwise. 9.J. Copies of Cases and Unreported Authorities Memoranda need not attach copies of cases or other authorities, whether reported or not, unless those authorities may not be easily found in a generally available database, such as Westlaw or LEXIS. Citations without a pinpoint cite are not helpful, and parties should not include them. 9.K. The Record: Exhibits, Depositions, Hyperlinks, and Citations The Court requires the filing of depositions, deposition exhibits, and exhibits to any dispositive motion in a separate filing before the filing of such motion in which the movant will cite the depositions and exhibits. Doing so creates a unique page identification number that makes citation easier and facilitates electronic review of motions and supporting materials. 21 Where a document already exists on the record, counsel shall not file another copy of it in connection with any filing. Instead, parties shall use the earlier filed version to avoid duplication. If referencing materials available on the internet, counsel shall make a PDF of such material a part of the record to avoid the link changing or becoming corrupted before the Court consults it. All citations to the record within the motion should be in the form of PageID numbers, which are generated after a document is filed on CM/ECF. Deposition testimony and exhibits must be cited by ECF No. and PageID # in all dispositive and pretrial motions. When docketing exhibits, the Court encourages counsel to provide a meaningful name for the exhibit that will be appear on the docket. For example, “Smith Deposition” instead of “Exhibit C.” The Court prefers full page transcripts of depositions, not minuscripts. If filing a document previously filed electronically in this or any other case, please remove the ECF header from the previous filing so that the PageID # in this case is readable. 9.L. Supplemental Authority If pertinent and significant authorities come to a party’s attention after the party’s brief has been filed or after oral argument but before decision, a party may promptly advise the Court by filing a notice of supplemental authority, with proper citations. The notice must state the reasons for the filing, referring either to a specific 22 page identification number or to a point argued orally. The notice must not exceed 350 words. Any response must be made promptly and must be similarly limited. 9.M. Motions for Reconsideration Motions for reconsideration are disfavored in the law. Absent specific, articulable grounds set forth in Rule 59 or Rule 60, as the case may be, a party may not seek reconsideration. Nonetheless, if a party files a motion for reconsideration (however styled, whatever it is called, under whatever Rule), such a motion shall not exceed two pages (or 500 words). In the Court’s view, that limited space suffices to identify a proper basis that meets the high standard for reconsideration. If the Court requires a more complete explanation, it will request one. If a party files a motion for reconsideration that does not comply with this provision, the Court will strike it and give it no further consideration. Similarly, if the Court requires a response to a motion for reconsideration, it will request one. Otherwise, the Court will proceed to decide the motion, and no other party need respond. 9.N. Motions to Compel Arbitration The Court treats any motion to compel arbitration (including motions to stay or dismiss to allow the parties to arbitrate) as non-dispositive for purposes of setting the deadlines and page limits for motions and briefs. 9.O. Briefs of Amicus Curiae 9.O.i. Filing of Amicus Briefs Any amicus curiae may file a brief, on the same day as the brief of the party the amicus is supporting, only with leave of Court or if the brief states that all parties 23 have consented to its filing. Ordinarily, any party shall consent to an amicus filing absent good cause. The Court will prohibit the filing of or strike an amicus brief that would result in disqualification. 9.O.ii. Length of Amicus Briefs No amicus brief may exceed one half the applicable page limit in Local Rule 7.1(f) for the brief of a party. The Court will strike any amicus brief that it perceives is an effort for a party to circumvent the page limits of the Local Rules or the word limits of this Order. 9.O.iii. Contents and Form of Amicus Briefs In addition to the requirements of Local Rule 7.1, the brief of an amicus curiae must include a corporate disclosure statement (if applicable) and a concise statement of the identity of the amicus curiae and its interest in the case. An amicus brief must also state whether a party or party’s counsel authored the brief in whole or in part, a party or a party’s counsel contributed money that was intended to fund preparing or submitting the brief, and a person—other than the amicus curiae, its members, or its counsel—contributed money that was intended to fund preparing or submitting the brief and, if so, the brief must identify each such person. Amicus briefs that merely restate the arguments of a party are not helpful. 10. Summary Judgment No party may file more than one motion for summary judgment without leave of Court, which will be granted rarely and only on a showing of good cause. 24 Absent an order to the contrary, a party may not file a motion for summary judgment in response to another party’s motion for summary judgment. In other words, all dispositive motions are due on the deadline in the case management order. If more than one party anticipates filing a dispositive motion, they should advise the Court when the motion deadline is set. As set forth above, the Court prefers a four-brief approach to cross-motions, which would alter the general rule that all dispositive motions are due on the deadline in the case management order. A motion in limine may not be used as a substitute for summary judgment. 11. Final Pretrial Conference Unless otherwise ordered, the following must attend a final pretrial conference in person: (1) lead trial counsel, (2) parties, and (3) a representative with full and final decisional authority, including settlement authority. If any such person is unable to attend in-person, counsel must file a motion, showing good cause, as far in advance of the final pretrial conference as possible and in no event less than 48 hours before the conference. Counsel may not file such a motion without first conferring with all other parties. Before the final pretrial conference, the parties are expected to exchange at least two rounds of good-faith demands and offers. The term “parties” means either the named individuals or, in the case of a corporation or entity, the person most familiar with the actual facts of the case. Party does not mean in-house counsel. “Full and final authority” means the actual ability to enter into binding commitments on all factual and legal issues without further consultation. With 25 respect to settlement authority, the representative must have full and final authority up to the last demand or amount remaining in controversy. 12. Dismissal of Parties or Claims Unlike practice in State court, Rule 41 contemplates the dismissal of an action, not an individual party or claim. Sixth Circuit precedent does not permit the use of Rule 41 to dismiss fewer than all parties or claims. See Philip Carey Mfg. Co. v. Taylor, 286 F.2d 782, 785 (6th Cir. 1961). Rule 21 governs dismissal of fewer than all claims or parties. See id. Therefore, a dismissal of a party or claim must be brought as a motion under Rule 21. Failure to do so will result in striking a notice or motion filed under Rule 41. Any motion brought under Rule 21 to dismiss a party or claim shall state whether, after consultation, any other party opposes or objects to the motion. 13. Alternative Dispute Resolution Additional information about options for alternative dispute resolution may be found here on the Court’s website. Regarding mediation, the parties may (1) use a private mediator; (2) agree to mediation with the assigned Magistrate Judge; or (3) request a referral to the Court’s ADR Office, which maintains a list of experienced neutrals, including in certain specialized areas of the law. Instead of the ranking and selection process that the Court’s ADR Office administers, the parties may agree on a specific neutral from the list. 26 14. Settlement and Dismissal of the Case If the parties reach a settlement of the case and undertake or are ordered to file a dismissal within a specified period of time, the Court expects a stipulation dismissing the action to be filed by that date. If it is not, the Court will schedule an in-person hearing at which counsel of record, the parties (including in-house counsel and those with knowledge of the facts at issue), and any person with settlement authority must appear and explain the status of the case. 15. Attorneys’ Fees In all cases brought under a statute with a fee-shifting provision and in all class actions, beginning with the transmission of the initial demand and within two (2) weeks of the last day of every quarter during the calendar year after that (March 31; June 30; September 30; December 31), the party claiming fees shall provide to opposing counsel a statement showing the gross amount of attorneys’ fees, costs, and any other items for which the party will seek reimbursement incurred to that date. 16. Default Judgment If requesting attorneys’ fees or costs in connection with a motion for default judgment, the Court reminds counsel to provide proper support for such a request, including sufficient lodestar information when seeking a default judgment. Failure to do so will result in denial of any such request. 27 17. Contact with the Court 17.A. During the Life of a Case Telephone calls or emails to chambers should be limited to raising discovery issues as set forth above, to scheduling matters, or as the Local Rules permit. Because the Court speaks through its docket, parties shall make any requests by written motion filed on the docket. 17.B. Upon the Conclusion of a Matter When a matter has ended, counsel may jointly or ex parte request the opportunity for feedback on briefing, argument, or other aspects of their advocacy. 18. Counsel Admitted Pro Hac Vice The Court expects counsel admitted pursuant to Local Rule 83.5(h) to familiarize themselves with the Local Rules and the practices and procedures set forth in this Standing Order. An order granting admission pro hac vice is conditioned on counsel’s registration and participation in the Court’s electronic filing system. Permission is conditional only and may be revoked at any time. 19. Conduct of Counsel Pursuant to the Statement on Professionalism the Supreme Court of Ohio issued on February 3, 1997 and updated in October 2021, the Court expects counsel to be courteous and civil in all oral and written communications with each other and the Court. The Court will not accept any communication or filing that does not conform to this standard. The Court reserves the right to sanction conduct that does not meet this standard. 28 20. Sanctions Generally, requests for sanctions should be rare and directed to the most egregious conduct that falls outside the bounds of professional norms. See Harrison Prosthetic Cradle Inc. v. Roe Dental Lab., Inc., 608 F. Supp. 3d 541, 551 (N.D. Ohio 2022). If counsel or a party seeks sanctions under Rule 11, Rule 37, or on any other basis, the Court will strictly enforce the requirements for bringing such a motion, including the provisions of this Order. 21. Opportunities for Less Experienced Lawyers The Court strongly encourages parties to allow less experienced lawyers the opportunity to participate actively in cases by presenting arguments at motion hearings, appearing at pretrial conferences, taking the lead at the initial case management conference or other status conferences, or examining witnesses at trial. Therefore, the Court may alter its practices in this Order to afford opportunities to less experienced lawyers. For example, the Court may allow a bifurcated oral argument in which a senior attorney presents one portion of the argument and a newer lawyer who has worked on the case presents the other portion. Similarly, at trial or evidentiary hearings, the Court may relax the usual one-lawyer-per-witness rule to allow less experienced lawyers an opportunity to examine witnesses. 21.A. Pretrial Proceedings If a written notice is filed before a ruling on any motion stating that a lawyer of five or fewer years in practice will deliver the oral argument or at least a material part of it, then the Court will hear oral argument on the motion. On such a request, 29 the Court may schedule or the parties may request a status conference to set or clarify the logistics for the oral argument. This provision applies to rulings on objections to any report and recommendation from a Magistrate Judge, including in social security cases. 21.B. Participation at Trial or Evidentiary Hearings Counsel seeking permission to bifurcate witness examinations or arguments on issues arising during trial (such as a motion under Rule 50 or anticipated evidentiary issues) should raise the issue at the final pretrial conference. SO ORDERED. Dated: January 2, 2026 J. Philip Calabrese United States District Judge Northern District of Ohio 30

=== Criminal Pretrial and Trial Order (updated January 2, 2026) ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Case No. __-__-______-_ Judge J. Philip Calabrese UNITED STATES OF AMERICA, Plaintiff, v. DEFENDANT, Defendant. CRIMINAL PRETRIAL AND TRIAL ORDER On [DATE], the Court conducted a pretrial conference attended by Assistant United States Attorney [NAME] and [NAME], counsel for Defendant. Based on the discussions at that conference, the Court continued the conference sets the following schedule and enters this order. Additional pretrial hearings may be scheduled as needed. SUMMARY OF DEADLINES This order sets the following deadlines: Enhancement Deadline: [DATE]. Discovery Deadline: [DATE]. Pretrial Motion Deadline: [DATE]. Response to Pretrial Motions Due: [DATE]. Expert Disclosures: [DATE]. Witness and Exhibit Lists, Any Jury Questionnaire Due: [DATE]. Final Pretrial Conference: [DATE]. 1 Deadline for Trial Documents, Trial Briefs, and Stipulations: [DATE]. Objections to Witnesses and Exhibits: [DATE]. Exhibits: [DATE] by 12:00 pm. Trial: [DATE] at 8:30 am. APPEARANCES, DEADLINES, AND CONTINUANCES Lead counsel must be present at all proceedings unless excused by the Court on written motion. Defendant must be present for the final pretrial conference and trial. Consistent with Rule 45(b), the Court will not extend any deadline set forth in this order or in the Federal Rules of Criminal Procedure absent a showing of good cause made on motion sufficiently in advance of the deadline or a showing of excusable neglect on a motion made after the deadline. The Court will not continue a trial or hearing without a written motion stating the reason for the request. A motion for continuance due to a conflict of trial assignment dates will not be considered unless the conflicting assignment is adequately described in the motion, including the name of the case, its number, and the trial judge. The motion shall be filed and served within fifteen (15) days after counsel becomes aware of the conflict, and not less than thirty (30) days before trial in this case. The Court will not entertain a motion to continue a hearing or to change its format on the day of the hearing absent extraordinary circumstances. Even then, the 2 Court may require the party belatedly requesting a continuance to bear any unavoidable costs. TRIAL DATE This case is scheduled for trial on [DATE] at 8:30 a.m. in Courtroom 16-B, Carl B. Stokes United States Courthouse, 801 West Superior Avenue, Cleveland, Ohio. Counsel must appear at 8:15 a.m. on the morning of trial. The Court will not continue the trial date absent a showing of good cause made in compliance with the procedures set forth in this order. In addition, any motion for a change of the trial date shall be in writing, shall be made at least two (2) days before the final pretrial conference, and shall set forth those factors listed in 18 U.S.C. § 3161(h)(7)(B) which the movant contends support the motion. FINAL PRETRIAL CONFERENCE The final pretrial conference/change of plea hearing is scheduled for [DATE] at 9:30 am in Courtroom 16-B, Carl B. Stokes United States Courthouse, 801 West Superior Avenue, Cleveland, Ohio. All trial counsel must be present at the final pretrial conference. Additionally, the Defendant must be present as well unless the Court orders otherwise. DOCUMENTS FOR THE FINAL PRETRIAL CONFERENCE Unless otherwise ordered, the following documents are to be submitted to the Court and served not later than 4:00 pm seven (7) days before the final pretrial conference: 3 1. Witness Lists. Counsel shall exchange (not file) witness lists. The witness lists shall provide a brief description and the purpose of each witness to be offered. Each attorney shall have a continuing obligation to supplement the party’s witness list immediately upon learning of any additional witness. 1.A. Guidelines for Witness Testimony. Before any witness, including an expert, testifies at trial, counsel for the party calling the witness must supply the Court with a signed copy of the Court’s Guidelines for Witness Testimony (attached) or otherwise certify that counsel has reviewed the Guidelines with the witness. 1.B. Witnesses Appearing by Videoconference. Witness testimony may be offered during trial via video conference technology. Docketed notice must be given of intent to call a witness via video conference at least one (1) week prior to the start of trial. It is counsel’s responsibility to find a location for the witness to receive a video conference call from the Court during trial. Counsel is required to work with the Court’s IT Department and courtroom deputy in advance of trial to test the technology and ensure the video conference communication works in the courtroom. It is also counsel’s responsibility to ensure that the witness, the Court, and opposing counsel have all necessary exhibits. Counsel must be prepared to assure the Court that the witness is who the witness claims to be. 4 2. Exhibit Lists. Counsel shall exchange lists of the particular exhibits the party intends to proffer in its case-in-chief. A generalized identification or description of exhibits does not suffice. Copies of the exhibits do not need to be provided to the Court at this time. The timing and format for providing exhibits to the Court are set forth below. DISCOVERY AND INSPECTION Counsel for Defendant is directed to contact promptly the Assistant United States Attorney in charge of the prosecution of this case, if prior contact has not already been made, and arrange a meeting for the purpose of resolving all requests for discovery provided for under the Federal Rules of Criminal Procedure, including Rule 16, and by law. See, e.g., Brady v. Maryland, 373 U.S. 83 (1963). This discovery meeting shall be held as promptly as possible. Upon request for discovery by counsel for Defendant, the United States shall disclose discoverable information under the terms and conditions of Rule 16(a). The United States shall provide a response within one (1) week of receiving Defendant’s request and no later than the deadline ordered by the Court. Discovery shall be completed on or before [DATE]. To the greatest extent practicable, pursuant to Rule 16(d), the Court directs counsel to identify documents or information provided in discovery the party intends to use in its case-in-chief. If at any time during the course of these proceedings any party fails to comply with Rule 16, such failure shall be brought to the Court’s attention by a motion to compel 5 discovery. Motions to compel discovery shall be filed no later than one (1) week from the date of a party’s denial of or failure to respond to the request. Requests for discovery shall be docketed as notices. Only when the Court’s intervention is required shall a request for discovery be docketed as a motion. BRADY INFORMATION AND IN CAMERA REVIEW Pursuant to the Due Process Protections Act and Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, the United States has a continuing obligation to produce all evidence favorable to Defendant and material to Defendant’s guilt or punishment. See id. at 87 (holding that due process requires disclosure of “evidence [that] is material either to guilt or to punishment” upon request); Kyles v. Whitley, 514 U.S. 419, 437–38 (1995) (holding that the obligation to disclose includes producing evidence “known only to police investigators and not to the prosecutor” and that “the individual prosecutor has a duty to learn of any favorable evidence known to others acting on the government’s behalf . . . , including the police”); United States v. Agurs, 427 U.S. 97, 107 (1976) (holding that the duty to disclose exculpatory evidence applies even when there has been no request by the accused); Giglio v. United States, 405 U.S. 150, 153–55 (1972) (holding that Brady encompasses impeachment evidence); see also Fed. R. Crim. P. 16(a) (outlining information subject to government disclosure). Where doubt exists as to the usefulness of the evidence to Defendant, the United States must resolve any such doubts in favor of full disclosure. See, e.g., United States v. Safavian, 233 F.R.D. 12, 17 (D.D.C. 2005); United States v. Carter, 313 F. Supp. 2d 921, 925 (E.D. Wis. 2004) (citations omitted). 6 Accordingly, the Court, sua sponte, directs the United States to produce to Defendant in a timely manner any evidence and information in its possession that is favorable to Defendant and material either to Defendant’s guilt or punishment. This responsibility includes producing, during plea negotiations, any exculpatory evidence or information in the possession of the United States. The Court directs the United States, on Defendant’s request, to identify Brady material within the discovery provided. The United States is further directed to produce all discoverable evidence and information in a readily usable form. For example, the United States must produce documents as they are kept in the usual course of business or must organize and label them clearly. The United States must also produce electronically stored information in a form in which it is ordinarily maintained unless the form is not readily usable, in which case the United States is directed to produce it in a readily usable form. If the information already exists or was memorialized in a tangible format, such as a document or recording, the information shall be produced in that format. If the information does not exist in such a format and, as a result, the United States is providing the information in a summary format, the summary must include sufficient detail and specificity to enable the defense to assess its relevance and potential usefulness. Finally, if the United States has identified any information which is favorable to Defendant but which the United States believes not to be material, the United States shall submit such information to the Court for in camera review. Additionally, 7 to the extentht the United States has any question about whether any information or evidence is subject to disclosure, it shall submit such information to the Court for in camera review. Failure to comply with these obligations in a timely manner may result in consequences including dismissal of the charges, exclusion of witnesses or evidence, evidentiary sanctions, a continuance of the trial date, adverse jury instructions, the reversal of any conviction, sanctions against those responsible for the failure, contempt proceedings, or any other remedy that is just under the circumstances. EXPERT DISCLOSURES The deadline for the United States to make the expert disclosures under Rule 16(a)(1)(G), including the information identified in Rule 16(a)(1)(G)(iii), shall be [DATE]. The deadline for Defendant to make any expert disclosures under Rule 16(b)(1)(C), including the information identified in Rule 16(b)(1)(C)(iii), shall be [DATE]. PRETRIAL MOTIONS Pretrial motions shall be filed on or before [DATE—2 weeks before FPT]. All pretrial motions shall state the basis for the motion, identify the authorities on which the movant relies, and otherwise comply with Local Rule 12.1. The Court’s practice is to schedule a hearing on substantive motions (those brought under Rule 12(b)(2) or (3 absent extraordinary reasons not to do so. Responses to pretrial motions shall be filed by [DATE—1 week before FPT]. 8 RESPONDING TO MOTIONS Unless the Court sets another deadline, the deadline to respond to any motion is seven (7) days after the motion is filed. To the greatest extent possible, before filing any motion, counsel shall confer and represent whether the motion is opposed. ENHANCEMENTS Before seeking an enhanced sentence or other increased punishment due to a prior conviction, in accordance with 21 U.S.C. § 851, or any other relevant enhancement provision, the Assistant United States Attorney must file a notice no later than [DATE]. MOTIONS TO TRAVEL Motions to travel that are filed within 48 hours of the requested travel will be denied absent proof of an emergency. Motions must indicate whether the Assistant United States Attorney objects or explain why the Assistant United States Attorney has not been consulted. CHANGE OF PLEA Plea discussions between the Assistant United States Attorney and the attorney for Defendant shall be commenced as soon as practicable. The parties shall notify the Court promptly if a plea agreement is reached by filing a notice of intent, and the Court will schedule a change of plea hearing. A copy of the plea agreement, if any, should be provided to the Court sufficiently in advance of the change of plea hearing (generally seven (7) days, absent good cause), via email to Calabrese_ [email protected]. 9 General Order No. 93-02 of the United States District Court for the Northern District of Ohio, adopted May 25, 1993, at 4 (Jury Utilization Management Plan), provides that “plea negotiations must be completed by a date certain in advance of the scheduled trial.” Accordingly, the Court will rarely accept a plea agreement submitted later than one week before the trial date. If the Court does accept such a plea on the day of trial, for good cause shown, the costs for summoning jurors for one (1) day of service shall be assessed equally against the United States and Defendant(s), if a jury has been summoned, unless the parties agree to a different arrangement or there is good cause to waive or modify this provision. ELECTRONIC FILING Counsel are advised that all documents, notices, and orders in this matter shall be filed electronically rather than on paper, except as provided for in the Electronic Filing Policies and Procedures Manual, which governs electronic filing in the Northern District of Ohio and also provides helpful information on system requirements and usage. The manual can be accessed here and other important information on electronic filing may be found here on the Northern District of Ohio’s website. Electronically filed documents should be in a text-searchable format. If you have questions about electronic filing, please call any Northern District of Ohio Clerk’s Office or the CM/ECF Help Desk at (800) 355-8498. Notice of filings is sent electronically. It is the responsibility of each counsel of record to set up a user e-mail account to receive e-mail notifications and to check that e-mail account on a regular and timely basis. 10 TRIAL DOCUMENTS Unless otherwise ordered, the following trial documents are to be submitted to the Court electronically not later than 4:00 p.m. ten (10) days before the trial date: 1. Preliminary Statement. Counsel for the parties shall confer in person and agree on a concise written statement describing the case in an impartial, easily understood manner and submit it to the Court to be read to the jury panel before voir dire. This statement will be used to set the context of the trial for the jury. 2. Voir Dire, Jury Instructions, Jury Interrogatories, and Verdict Forms. Counsel for the parties shall jointly submit written voir dire questions (beyond the general voir dire the Court will conduct), jury instructions (for the specific charges and facts in the case), any jury interrogatories, and verdict forms for the Court’s consideration. Counsel should confer in person and, to the extent possible, agree on a complete set of these materials. Counsel may separately submit disputed proposed questions for voir dire, jury instructions, jury interrogatories, and verdict forms to the Court and opposing counsel, supported by legal authority. The Court will reject any proposed questions, instructions, interrogatories, and verdict forms that are not supported with citation to sound legal authority. Ultimately, a single joint submission of jury instructions, jury interrogatories, and verdict forms shall be filed, providing: (a) agreed upon instructions; (b) instructions proposed by the United States, but opposed by Defendant; and 11 (c) instructions proposed by Defendant, but opposed by the United States. All proposed instructions shall be supported by citations to legal authority. Supplemental requests for instructions during the course of the trial or at the conclusion of the evidence will be granted solely as to those matters that cannot be reasonably anticipated when presenting the initial set of instructions. Copies also should be served upon opposing counsel. 3. Stipulations. Counsel for the parties shall confer in person and agree on stipulations and reduce them to writing. Stipulations of fact are strongly encouraged to eliminate the need for testimony of witnesses to facts which are not in dispute. The Court expects that the parties will stipulate to authenticity, absent a genuine dispute on the issue. Stipulations shall be signed by counsel and Defendant(s) and submitted to the Court. 4. Trial Briefs. Counsel for the parties shall submit to the Court, ex parte if necessary, trial briefs providing appropriate memoranda, supported by legal authority, regarding evidentiary questions and any other legal issues which may reasonably be anticipated to arise at trial. A complete trial brief includes: (a) a statement of the facts; (b) a complete discussion of the controlling law with specific citations of statutes and case law; and (c) a discussion of any evidentiary issues likely to arise at trial, with discussion of the rules and case law applicable to the evidentiary issues. 12 TRIAL EXHIBITS All exhibits must be marked before trial in accordance with Local Rule 23.2, except that all parties shall label their exhibits with numbers. The Court does not require binders containing hard copies of exhibits, absent a specific request. The Court will not allow exhibits to be shown to the jury during trial except as set forth in this order. Exhibits not identified and exchanged before trial shall not be introduced at trial, absent a showing of good cause. This rule applies to lay and expert witnesses. The Court uses technological means to facilitate the viewing of exhibits by jurors. Each party must submit all exhibits on a single storage device such as a CD, DVD, or USB drive. A separate CD, DVD, or USB drive should be provided for the United States’ Exhibits, Defendant’s Exhibits, and any Joint Exhibits. Each party must send the exhibits to chambers in a manner that guarantees their receipt no later than 12:00 p.m. on Friday before trial commences. The electronic copies of exhibits must be named using a naming convention similar to: <exhibit number>-<exhibit part>_<exhibit description>.<file extension>. The exhibit number must be a number. Exhibits with subparts can be so designated using a letter for the exhibit part. The use of the underscore character is required when an optional description of the exhibit is included and cannot be used elsewhere in the exhibit name. Examples of valid exhibit file names include: 1-a_photograph.jpg 13 12_2009 Tax Statement.pdf 35d.pdf 12(a)_camera footage.wmv Any questions regarding the naming conventions for the electronically stored exhibits should be directed to James Jones at (216) 357-7052. To maintain consistency between the electronic and the paper exhibits, both parties shall label their exhibits with numbers. Counsel shall mark all exhibits before trial with official or similar stickers. Exhibits shall be labeled with the party followed by the exhibit number (e.g., “USA 1” or “Def 2”). The case number shall also appear on the stickers. Whenever a multi-page exhibit is used, each page of the exhibit must be separately numbered. For example, if the United States’ Exhibit 1 is a three-page document, the first page should be marked as USA 1-1, the second page marked USA 1-2, etc. If there are multiple defendants, the party’s last name should precede the numbers or letters (e.g., “Def. Jones-1001”). Exhibit stickers are available from the Clerk on request. DEMONSTRATIVE EVIDENCE AND EXHIBITS If demonstrative evidence and exhibits such as models, sketches, or PowerPoint slides will be used at trial, counsel shall exchange them no later than two (2) business days before the trial date. Counsel shall also exchange any PowerPoint slides or the like intended for use in opening statements no later than three (3) business days before the trial date. If counsel are unable to resolve any dispute about the use of PowerPoint slides or 14 demonstrative exhibits, they must advise the Court no later than the close of business one (1) business day before trial. Failure to do so will result in the Court allowing the parties to use any properly exchanged demonstratives in opening statement without objection. Similarly, with respect to closing arguments, counsel must exchange any PowerPoint slides or the like as soon as practicable and before beginning closing arguments. Failure to advise the Court of any dispute about the use of PowerPoint slides or demonstrative exhibits before a closing argument begins will result in the Court allowing their use without objection. VOIR DIRE Voir dire of the entire panel, including those seated in the gallery, will be conducted at one time. The Court will conduct a preliminary voir dire addressed to general matters and the specific issues in the case. Counsel may briefly question the panel to supplement the Court’s examination. However, counsel may not repeat the Court’s questions. If counsel prefer the Court ask specific questions for any reason, they may supply them to the Court no later than three (3) business days before trial. Challenges. Challenges for cause and peremptory challenges will be heard outside the panel’s presence. First, the Court will consider challenges for cause. Then, the Court will consider peremptory challenges. The entire panel (i.e., prospective jurors seated in the jury box and in the gallery in the back of the courtroom) shall be challenged for cause and peremptorily challenged in a continuous sequence without reseating 15 prospective jurors. It is counsel’s responsibility to determine the current makeup of the jury by reference to the seating plan. Each party will exercise a peremptory challenge in alternating sequence beginning with the United States. If either party passes or declines to exercise a peremptory challenge, that challenge is considered used. Following selection of the twelve members of the jury, the parties will then proceed to exercise any peremptory challenges on the alternates in the same manner. OTHER TRIAL MATTERS The Court permits jurors to take notes and to ask questions of witnesses after the conclusion of the parties’ examination. The Court will discuss any questions with counsel at side bar before asking any question of the witness. Counsel may conduct follow-up examination limited to a witness’ answers to the jury’s questions. At the next break, the Court will make a record regarding the questions and any objections. 1. Objections to Witnesses and Exhibits. Any objections to a proposed witness or exhibit shall be filed and served no later than 12:00 pm one (1) business day before the trial. Such objections shall include a brief statement why the proposed witness or exhibit should not be permitted or admitted, as well as specific citations to pertinent case law or other legal authority. 2. Jencks and Reciprocal Jencks Material. Unless there is a well-founded concern for the safety of the witness, the Court strongly encourages the parties to provide Jencks and reciprocal Jencks material as 16 early as possible and, if not before the final pretrial conference, no later than the close of proceedings the day before the witness is expected to testify. 3. Motions in Limine, Daubert Motions, and Other Evidentiary Matters. Counsel shall include in their trial brief citations in support of any request to exclude evidence. Any motion in limine must contain a certification that, after the parties conferred in good faith, they have a dispute over the subject of the motion that requires a pretrial ruling from the Court. If the qualifications of an expert witness are being challenged, the Court will conduct a Daubert hearing before trial. The Court expects counsel to submit thorough briefs and/or a voir dire of the expert’s testimony so that the Court has sufficient evidence to perform its gatekeeping function of ensuring that the expert’s testimony is reliable, relevant, and fits the facts of the case. The Court will not hold conferences at side bar or in chambers during trial to consider legal issues, including evidentiary rulings, that could have been raised before trial without a showing that counsel could not, by the exercise of due diligence, have anticipated them in advance of trial. In cases involving multiple Defendants, the Court will treat an objection by one Defendant as an objection by all Defendants. TRIAL CONDUCT AND PROCEDURE Trial will begin promptly each day by 8:30 a.m. and adjourn around 5:00 p.m., with one break in the morning, a lunch break, and one break in the afternoon. At the 17 final pretrial conference, the Court will discuss any variance to this schedule based on the anticipated length of the trial. Counsel should arrive 30 minutes prior to the start of a day in trial. When counsel and the jurors are assembled, trial may start early. When appearing in this Court, all counsel (including, where the context applies, all persons at counsel table) shall abide by the following: 1. 2. 3. Stand as court is opened, recessed, or adjourned. Stand when the jury enters or retires from the courtroom. For the benefit of the court reporter, remain seated at counsel table when addressing the Court and speak directly into the microphones. 4. Use the lectern facing the jury for voir dire, opening statement, and closing argument. 5. When making an objection, state the legal basis for the objection only in a word or two. For example, a proper objection is “Objection, 403” or “Objection, leading.” If the Court requests a response, be brief without making a speech. Objections may not be used to make speeches, repeat testimony, or attempt to guide a witness or to influence the jury. If it is critical to the case that counsel be heard in more detail immediately, counsel may request a sidebar to explain the basis for an objection. Otherwise, counsel may make a record regarding the objection at the next break. 6. Request permission before approaching a witness. When permission is granted for the purpose of working with an exhibit, counsel should return to the 18 lectern when finished with the exhibit. Counsel should use the lectern to examine a witness but may move within the well of the courtroom within reason. 7. Counsel may not interrupt a witness. Counsel will wait until the witness has finished answering before asking the next question. 8. 9. Address all remarks to the Court, not to opposing counsel. Avoid disparaging personal remarks or acrimony toward opposing counsel and remain wholly detached from any ill feeling between the litigants or witnesses. 10. Refer to all persons, including witnesses, other counsel, the parties, and the Court’s clerks by their surnames and not by their first or given names. Counsel should not exhibit familiarity with witnesses, jurors, or opposing counsel. 11. Only one attorney for each party may examine or cross-examine each witness or argue an issue or point. The attorney stating objections, if any, during direct examination, shall be the attorney recognized for cross-examination. At the final pretrial conference, the parties may agree to alter this rule based on the provisions below regarding Less Experienced Lawyers. 12. Any witness testifying at the time of recess or adjournment must be back on the witness stand when the Court reconvenes. If a new witness is to be called, he or she must be standing in front of the witness box ready to be sworn. 13. In examining a witness, counsel shall not unnecessarily repeat or echo the answer given by the witness. 19 14. During examination of a witness, counsel must first ask the Court for permission to confer with co-counsel. 15. Gestures, facial expressions, audible comments, or the like, as manifestations of approval or disapproval during the testimony of witnesses, or at any other time, are absolutely prohibited. 16. Do not ask the court reporter to mark testimony. All requests for re-reading of questions or answers shall be addressed to the Court. 17. If the Court takes a break while a witness is on the stand, counsel may not have any substantive conversations with the witness about his or her testimony, the case, any evidence, or any other matter relating to the case being tried. JURY DELIBERATIONS Counsel are required to remain within ten (10) minutes of the courtroom during jury deliberations. Before leaving the immediate vicinity, counsel are required to report to the courtroom deputy. TRIAL ATTIRE FOR INCARCERATED DEFENDANTS Counsel must provide proper attire for defendants in custody. The attire must be given to the United States Marshals Service before voir dire. ELECTRONIC COURTROOM All parties wishing to familiarize themselves with the presentation equipment and other technology available for use in the courtroom before trial should contact the courtroom deputy at (216) 357-7265 no later than one (1) week before trial to schedule a time to visit the courtroom. If technological assistance with any of the 20 equipment will be required, parties should also contact the Court’s technology advisors to ensure that someone will be available during the scheduled time to assist with the set-up and use of any equipment or any other technological issues that may arise. CONDUCT OF COUNSEL In addition to the provisions of this order, 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. LESS EXPERIENCED LAWYERS The Court strongly encourages parties to allow less experienced lawyers the opportunity to participate actively in cases by presenting arguments at motion hearings or examining witnesses at trial or other evidentiary hearings. Therefore, the Court may alter its practices in this order to afford opportunities to less experienced lawyers. For example, the Court may allow a bifurcated oral argument in which a senior attorney presents one portion of the argument and a younger lawyer who has worked on the case presents the other portion. Similarly, at trial, the Court may relax the usual one-lawyer-per-witness rule to allow less experienced lawyers an opportunity to examine witnesses. Counsel seeking permission to bifurcate arguments or witness examinations should raise the issue at the final pretrial conference or by contacting the courtroom deputy. 21 SO ORDERED. Dated: January 2, 2026 J. Philip Calabrese United States District Judge Northern District of Ohio 22 GUIDELINES FOR WITNESS TESTIMONY Judge Calabrese requires every witness who testifies to follow these rules: 1. Because the court reporter is writing down every word that anyone says, it is important to keep your voice up and answer every question orally—not with nods of the head or “uh-huh” or “yeah” or “mm-hmm.” 2. Wait until counsel finishes asking you a question before answering. Do not speak over counsel or the Judge. 3. Answer the question asked and only the question asked. Do not make a speech. Your lawyer will have the chance to ask you questions. 4. 5. 6. Speak directly into the microphone. Answer questions with courtesy. Evasive answers, answering a question with a question, or disrespect to counsel will not be tolerated. 7. If a lawyer objects, do NOT speak until the Court tells you whether to answer the question or not. I acknowledge that I have read these Guidelines and will abide by them. Dated: _________________________________ Name of Witness (Printed) _________________________________ Signature 1

=== Rule 26(f) Report of the Parties (updated January 2, 2026) ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION PLAINTIFF, Plaintiff(s), v. DEFENDANT, Defendant(s). Case No. Judge J. Philip Calabrese Magistrate Judge ___________ RULE 26(F) REPORT OF THE PARTIES (updated January 2, 2026) When preparing this Report, please note that the Court will refer back to this document throughout the pretrial management of the case. 1. Attendance at 26(f) Conference. Pursuant to Rule 26(f) of the Federal Rules of Civil Procedure and Local Rule 16.3, a conference was held on ______________________________________, 2024, in person/over the phone/by Zoom, and attended by: ________________________, counsel for Plaintiff(s) _________________________; ________________________, counsel for Plaintiff(s) _________________________; ________________________, counsel for Plaintiff(s) _________________________; and ________________________, counsel for Defendant(s) ______________________; ________________________, counsel for Defendant(s) ______________________; ________________________, counsel for Defendant(s) ______________________. 2. Initial Disclosures. The Court strongly prefers that the parties exchange robust initial disclosures at least 7 days before the Rule 26(f) conference to facilitate discussions. SCHEDULING THE CASE MANAGEMENT CONFERENCE: At the request of the parties, the Court will reschedule the case management conference to allow the parties to exchange initial disclosures before the Rule 26(f) conference. IMPORTANT NOTICE FOR PARTIES: Before counsel commit to dates and a discovery plan, the Court expects that they have consulted with their respective clients and that clients have provided counsel with sufficient and accurate information to conduct a meaningful conference with opposing counsel and the Court, including on matters regarding discovery of electronically stored information and the key issues on which the parties require early and limited discovery or rulings to facilitate prompt resolution, if one is possible. Once the Court sets dates at the case management conference or at any subsequent conference, the Court will not change those deadlines without a showing of good cause. Good cause does not include a failure to conduct a reasonable investigation or to have an adequate conference about the issues before the deadline was set. The parties: ___ have exchanged the initial disclosures required by Rule 26(a)(1); ___ will exchange such disclosures by _______________; If selecting this option, please explain why counsel decided to hold the Rule 26(f) conference without the benefit of initial disclosures: ___ have not been required to make initial disclosures. If selecting this option, please identify the provision of Rule 26 authorizing an exemption: 2 3. Track. The parties recommend the following track for this matter: ___ Standard ___ Expedited ___ Complex ___ Administrative ___ Mass Tort 4. Consent to Magistrate Judge. The parties ___ DO / ___ DO NOT consent to the jurisdiction of a United States Magistrate Judge under 28 U.S.C. § 636(c). Short of the case as a whole, are there any specific issues or limited proceedings, such as motions for preliminary injunction, hearings, or discovery geared toward a dispositive issue, for which partial consent to the jurisdiction of a United States Magistrate Judge under 28 U.S.C. § 636(c) might be appropriate? If so, please identify those issues or proceedings to which the parties are willing to consent: 5. Preservation. Did the parties discuss issues relating to the preservation of documents? ___ Yes ___ No Did the parties discuss issues relating to the preservation of electronically stored information, including emails, social media, or other information? ___ Yes ___ No 3 6. Electronically Stored Information. Have counsel conferred with their respective clients about the types, sources, and volume of potentially discoverable electronically stored information? Counsel for Plaintiff: __________ Counsel for Defendant: __________ The parties: ___ agree that there will be no discovery of electronically stored information; ___ have agreed to a method for conducting discovery of electronically stored information, which they will submit to the Court for entry by ________________; or ___ have agreed to follow the default standard for discovery of electronically stored information found in Appendix K to the Local Rules. If using Appendix K to the Local Rules, by initialing below counsel certify that they exchanged the information required by Paragraphs 3(a) and 3(d) of Appendix K and designated an e-discovery coordinator pursuant to Paragraph 4. Counsel for Plaintiff __________ Counsel for Defendant __________ Please identify the designated e-discovery coordinator: Plaintiff: ______________________ Defendant: ______________________ 4 7. Claims of Privilege or Protection. The parties have discussed issues regarding information protected by attorney- client privilege and the work-product doctrine: ___ Yes ___ No The parties have agreed on the timing, contents, and format for privilege logs. ___ Yes ___ No Please describe how and when the parties intend to comply with Rule 26(b)(5)(A): The parties have agreed to a procedure, or any other agreement, to assert claims of privilege under Rule 26(b)(5)(B) and Rule 502 of the Federal Rules of Evidence: ___ Yes ___ No The parties agree that the Court should enter an order pursuant to Rule 502(d) that attorney-client privilege or work-product protection is not waived by disclosure connected to this matter pending before the Court, and further that any such disclosure does not operate as a waiver in any other federal or State proceeding: ___ Yes ___ No If the parties do not believe the Court should enter an order pursuant to Rule 502(d), please explain: 5 8. Protective Order. The parties have discussed whether the Court should enter a protective order to facilitate discovery: ___ Yes ___ No The parties believe the Court should enter a protective order in this case: ___ Yes ___ No ___ Not at this time, but possibly later ___ The parties disagree If yes, the parties agree to follow the form protective order found in Appendix L to the Local Rules: ___ Yes ___ No If the parties believe that the case warrants use of the two-tier version of the Appendix L protective order, please say so here and briefly indicate why: If not, please explain what variations to the form protective order found in Appendix L are needed: 6 9. Recommended Plan for Case Management and Discovery. IMPORTANT NOTICE FOR PARTIES: At the request of the parties, the Court will reschedule the case management conference to allow counsel to provide as complete, specific, and meaningful information as possible in this section. The Court understands that the information provided here will change during the course of litigation, but expects parties to exercise reasonable diligence and act in good faith to provide this information at the outset of the case. What are the specific disputes of fact or law at the heart of the case that will drive dispositive motions, trial on the merits, or another resolution? Bearing in mind the proportionality requirement of Rule 26(b)(1), please provide the following information: What discovery, if any, is necessary to frame the disputes of law or fact identified above or other key issues? If that discovery includes depositions, please identify the deponent by name (if known), with a brief description of the witness’s role in the case and what information the party taking the deposition seeks to discover. 7 Again, mindful of the proportionality requirement of Rule 26(b)(1), please provide the following information: Not including discovery regarding authenticity, ministerial matters, or the like: How many requests for production of documents do counsel anticipate serving? Plaintiff: ______________________ Defendant: ______________________ How many requests for admission do counsel anticipate serving? Plaintiff: ______________________ Defendant: ______________________ What motions, if any, do the parties anticipate filing? Do the parties anticipate serving any third-party subpoenas? If so, please identify the recipients and information sought: 8 Mindful of the proportionality requirement of Rule 26(b)(1), please provide the following information: Please identify the subjects, if any, on which the parties anticipate expert testimony: Please describe, in detail, the additional subjects, if any, on which discovery is likely to be sought, as well as the nature and extent of that anticipated discovery: What changes, if any, should be made to the limitations on discovery under the Rules? Should discovery proceed in stages or phases or be sequenced in any particular fashion? What other limitations on discovery, if any, do the parties believe should be imposed? 9 What other issues do the parties anticipate arising in discovery or in the life of the case? 10. Alternative Dispute Resolution. The parties agree that this matter: ___ is presently suitable for alternative dispute resolution (“ADR”) and recommend the following method: ___ Early Neutral Evaluation ___ Summary Jury Trial ___ Arbitration ___ Mediation ___ Summary Bench Trial ___ Private Mediator ___ ADR Panel ___ Magistrate Judge ___ is not presently suitable for ADR, but may be after some discovery. If the parties believe this matter is not presently suitable for ADR but might be later, please identify with particularity what discovery would be necessary before ADR might be appropriate: ___ is not suitable for ADR at any time. If the parties believe this matter is not and will not be suitable for ADR at any time, please explain: 10 11. Proposed Dates. IMPORTANT NOTICE: If the Court enters a Case Management Order with dates the parties propose, those deadlines will not be adjusted except on a showing of good cause made sufficiently in advance of the deadline. Subject to that admonition, the parties propose the following dates for this matter: Cut-off Date to Amend the Pleadings: ______________ Cut-off Date to Add Parties: _______________ Deadline for Motions Directed at the Pleadings: _________________ Fact Discovery Cut-Off: __________________ Initial Expert Report(s) Due: __________________ Rebuttal Expert Report(s) Due: ___________________ Expert Discovery Cut-Off: __________________ Dispositive Motion Deadline: _________________ Status Conference: ___________________ The next status conference should be held: by phone/using Zoom/in person 11 12. Other Matters. If there are other matters the parties would like to bring to the Court’s attention, please do so here: Signatures, Representations, and Commitments: The Court requires counsel and parties to sign this Report, and they may do so in counterparts. Parties must physically (not electronically) sign; counsel may sign electronically. In the case of an entity, the person signing this Report must identify his or her title and must have authority to bind the entity to the positions represented in this Report. By signing this report, the parties certify that they have provided their counsel with sufficient and accurate information to conduct a meaningful conference after exercising reasonable diligence. Further, the parties certify that they have reviewed the information provided in Section 9 above. By signing this report, the parties and their counsel certify that they have conferred in good faith, the answers and information provided in this Report are complete and accurate to the best of their knowledge after reasonable inquiry, and no position taken or stated in this Report is asserted for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation. ________________________________ Plaintiff ________________________________ Defendant ________________________________ Attorney for Plaintiff ________________________________ Attorney for Defendant 12 13. Litigation Funding Litigants must disclose any interest that might give rise to an actual conflict or the appearance of a conflict for any party, counsel, or the Court. Therefore, in addition to the disclosures under Local Rule 3.13 and Section 2 of the Court’s Civil Standing Order, each party must submit a complete list of any persons, associations, firms, partnerships, corporations (including parent corporations, direct or indirect affiliates, joint venture partners, or others), guarantors, insurers, or other entities (other than counsel of record) which: (a) (b) (c) (d) have a financial interest (direct, indirect, or as a cross-holder) in the subject matter in controversy, in a party to the proceeding or in the stock of a party (or affiliate) to the proceeding, or in co-counsel (whether of record or otherwise) or in counsel’s firm; fund (directly or indirectly) the prosecution of any claim, defense, or counterclaims; have a direct or collateralized interest in the proceeds of the civil action—by settlement, judgment or otherwise—and/or whose interest is based in whole or part on a funding-based obligation to the action or to the appearing counsel or to any contractual co-counsel or to the law firm(s) of the counsel and/or co-counsel; or have any other interest that could be substantially affected by the outcome of the proceeding, including but not limited to actual or functional decision-making authority with respect to litigation strategy, settlement, or other decisions normally reserved to parties or counsel. This disclosure requirement applies if this case is part of a portfolio of cases in which any other person has a direct or indirect interest of the type described. Each party may submit this disclosure ex parte by email to calabrese_chambers @ohnd.uscourts.gov. 13 Each party must physically (not electronically) sign this disclosure; counsel may sign electronically. If this information changes during the course of the litigation, counsel and parties are under a continuing obligation to update this disclosure. Please list any and all such persons or entities subject to disclosure under this paragraph: ______________________________ Party ______________________________ Counsel 14