CMC Order; CMC Scheduling Order; Habeas Corpus Initial Order; Order Setting Mediation Conference; Order Setting Settlement Conference; Social Security Initial Order; AI Ban and Shadow Counsel Order

=== CMC Order ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION , Plaintiff, v. , Defendants. CASE NO. JUDGE MAGISTRATE JUDGE JONATHAN D. GREENBERG CASE MANAGEMENT CONFERENCE ORDER (Rev. 10/3/18) A telephonic case management conference was conducted with counsel in this matter on . The following were in attendance: __________________ for Plaintiff(s)____________________. for Defendant(s) ___________________. All parties do _____ do not ______ consent to the jurisdiction of a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). The Court encourages the parties and counsel to discuss the possibility of settlement while the case is progressing. If a settlement is reached, the parties shall timely submit a stipulation of settlement and dismissal, or otherwise notify the Court that such a stipulation is in progress by contacting the Court’s Courtroom Deputy, Stacey Swonger, at 216-357-7130. 1. Case Management Dates and Track Assignment This case is assigned to the track pursuant to Local Rule 16.2. All Non-Expert discovery shall be completed on or before . The parties do or do not anticipate the need for expert testimony. The party initially seeking to introduce expert testimony shall exchange his or her Expert Report on or before ______________. Responsive Expert Reports shall be exchanged on or before ____________. Expert Discovery shall be completed on or before . Dispositive motions must be filed on or before . Responses to dispositive motions must be filed within thirty (30) days of the filing of the dispositive motion. Replies must be filed within fourteen (14) days of the filing of the response. (See Local Rule 7.1). No sur-reply brief may be filed without leave of Court. The filing of a dispositive motion before the end of discovery does not relieve the parties of their obligation to meet the discovery deadlines set forth in this order. Without leave of Court, no discovery materials shall be filed, except as necessary to support dispositive motions. If a party intends to rely on deposition testimony in support of its position on a motion, the Court prefers the filing of the entire deposition rather than excerpts, unless the party truly believes that excerpts are sufficient, and with the proviso that any other party who believes the excerpts offered are not sufficient is free to file the entire deposition. In any event, discovery and disclosure material submitted in support of any party’s position shall be filed at the same time as that party’s memorandum setting forth its position. Factual allegations or arguments relying upon the record that do not cite to the record or are unsupported by the record citation, will not be considered by the Court. 2. Discovery The parties ____have exchanged pre-discovery disclosures or will exchange pre-discovery disclosures by . The parties (indicate one): -2- ____ agree that there will be no discovery of electronically-stored information; or ____ have agreed to a method for conducting discovery of electronically-stored information; or have agreed to follow the default standard for discovery of electronically-stored information (Appendix K to the Local Rules for the Northern District of Ohio). The parties are reminded of their obligations under Fed. R. Civ. P. 26, as amended. No witness or exhibit will be permitted unless provided to opposing counsel in accordance with Fed. R. Civ. P. 26. The Court directs the parties to comply with Local Rule 30.1 and 37.1 before filing any motions seeking aid from the Court in discovery matters. No motions pertaining to discovery disputes may be filed without prior authorization from the court. Leave to file such motions will not be granted unless the parties have complied with the local rules and have attempted to resolve the dispute with the court’s aid by way of a telephone conference. 3. Electronic Filing & Notifications This case is subject to mandatory electronic filing pursuant to Local Civil Rule 5.1(c). If it has not already been done, all counsel must complete Attorney Registration Forms and return them to the Clerk of Court as soon as possible so that attorney user accounts can be established. An Attorney Registration Form is in the Policies and Procedures Manual. In addition, counsel can easily register online at: http://www.ohnd.uscourts.gov/Online_Forms/ECF_Attorney _Registration/ecf_attorney_registration.html Plaintiff, as a pro se litigant, may register to receive a “read only” electronic filing account so that he/she may access documents in the system and receive electronic notice, but all his/her -3- filings must be completed manually, as typically only registered attorneys, as Officers of the Court, are permitted to file electronically. Only counsel of record will be notified of court proceedings. Moreover, both counsel and pro se litigants have an affirmative duty to notify the Court of any change in address and/or other contact information. Counsel shall follow the instructions for updating contact information via the procedures set forth on this Court’s public website. See Attorney Registration Change of Name/Address instructions set forth at www.ohnd.uscourts.gov. Pro se litigants shall file a written notice of change of address with the Court. 4. ADR After discussion with the parties, the Court determined that Alternate Dispute Resolution would would not be useful at this time; the appropriate mechanism is: a. b. c. d. e. Early Neutral Evaluation ______ Mediation Arbitration ______ Summary Jury Trial ______ Summary Bench Trial ______ 5. Extensions Any request for an extension of any deadline must be made before the deadline date, but such requests will not be routinely granted. 6. Status Conference A telephonic in-person status conference with counsel and clients will be held on , at a.m./p.m. [in Chambers 10B. – if in person]. -4- Parties are reminded to comply with all Local Rules, including, but not limited to, the page limitations for briefs and formatting requirements for briefs. IT IS SO ORDERED. s/ Jonathan D. Greenberg Jonathan D. Greenberg U.S. MAGISTRATE JUDGE Date: , 2108 -5-

=== CMC Scheduling Order ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION ____________________, Plaintiff(s), v. ______________________, Defendant(s). Case No. ____________ Judge _________________ Magistrate Judge Jonathan D. Greenberg CASE MANAGEMENT CONFERENCE SCHEDULING ORDER (as revised 8/8/2017) DATE OF HEARING: , 2019, at a.m./p.m. This case is subject to the provisions of Rule 16 of the Local Rules of the Northern District of Ohio entitled Differentiated Case Management (DCM). Counsel and/or the parties are expected to familiarize themselves with the Local Rules as well as with the Federal Rules of Civil Procedure. The Court shall evaluate this case in accordance with Rule16 and assign it to one of the case management tracks described in L.R. 16.2(a)(2). Each of the tracks (expedited, standard, complex, mass tort, and administrative) has its own set of guidelines and time lines governing discovery practice, motion practice, and for trial. Discovery shall be guided by L.R. 26.1, et seq. Motion practice shall be guided by L.R. 7.1, et seq. The Case Management Conference is of vital importance to the Court, counsel, and the parties. The Court requests that counsel and/or the parties read this Order with care and comply exactly with its directives. Lead counsel is personally responsible for complying with this order. ELECTRONIC FILING Electronic filing is mandatory in the Northern District of Ohio. Counsel are advised that all documents, notices and orders in this matter be filed electronically, except as provided for in the Electronic Filing Policies and Procedures Manual, a copy of which is available on the Court’s electronic case files web site at http://ecf.ohnd.uscourts.gov. Also, the Clerk’s Office has established an Electronic Filing Help Desk at 1-800-355-8498 to answer questions and provide assistance should difficulties arise. Only counsel of record will be notified of court proceedings. Only counsel of record will be notified of court proceedings. Moreover, both counsel and pro se litigants have an affirmative duty to notify the Court of any change in address and/or other contact information. Counsel shall follow the instructions for updating contact information via the procedures set forth on this Court’s public website. See Attorney Registration Change of Name/Address instructions set forth at www.ohnd.uscourts.gov. Pro se litigants shall file a written notice of change of address with the Court. SCHEDULING OF CASE MANAGEMENT CONFERENCE All counsel and/or parties will take notice that the above-entitled action has been set for a Telephonic Case Management Conference (“CMC”) on , at a.m./p.m. before Magistrate Judge Jonathan D. Greenberg, Chambers 10B, Carl B. Stokes United States Courthouse, 801 West Superior Avenue, Cleveland, Ohio. Lead counsel [and all pro se litigants] shall participate in the CMC. Dial-in information shall be provided via separate email. 2 TRACK RECOMMENDATION Pursuant to LR 16.3(a), and subject to further discussion at the CMC, the Court recommends the following track: Expedited Complex Standard Administrative Mass Tort X Reserved for CMC PREPARATION FOR CMC BY COUNSEL (Planning Conference under Fed. R. Civ. P. 26(f The general agenda for the CMC is set by LR 16.3(b)(2). Counsel for the plaintiff shall arrange with opposing counsel for the meeting of the parties as required by Fed. R. Civ. P. 26(f) and LR 16.3(b)(3). A report of this planning meeting shall be jointly signed and submitted to the Clerk for filing not less than five (5) business days before the CMC. The report shall be in a form substantially similar to Attachment 1. DISCLOSURES UNDER FED. R. CIV. P. 26(a) Rule 26(a) of the Federal Rules of Civil Procedure mandates a series of required disclosures by counsel in lieu of discovery requests unless otherwise stipulated or directed by order of the Court or by local rule. In the above-entitled case, Rule 26(a) shall apply as follows: 3 All disclosures mandated by Fed. R. Civ. P. 26(a) shall apply, including Initial Disclosures (Fed. R. Civ. P. 26(a)(1 , Disclosure of Expert Testimony (Fed. R. Civ. P. 26(a)(2 , and Pretrial Disclosures (Fed. R. Civ. P. 26(a)(3 . FORMAL DISCOVERY STAYED UNTIL CMC The moratorium on formal discovery prior to the Rule 26(f) conference, set forth in Fed. R. Civ. P. 26(d), is hereby extended until after the CMC. Therefore, prior to the CMC, no party or counsel shall conduct any formal discovery except as is necessary and appropriate to support or defend against any challenge to jurisdiction or claim for emergency, temporary, or preliminary relief. This moratorium in no way affects the disclosures required by Fed. R. Civ. P. 26(a). FILING OF DISCOVERY MATERIALS (Fed. R. Civ. P. 5(d Unless otherwise ordered by the Court, disclosures under Fed. R. Civ. P. 26(a)(1) or (2) and the following discovery requests shall not be filed with the Clerk’s Office until they are used in a proceeding or this Court orders filing: (1) depositions; (2) interrogatories; (3) requests for documents or to permit entry upon land; and (4) requests for admission. If a party intends to rely on deposition testimony in support of its position on a motion, the Court prefers the filing of the entire deposition rather than excerpts, unless the party truly believes that excerpts are sufficient, and with the proviso that any other party who believes the excerpts offered are not sufficient is free to file the entire deposition. In any event, discovery 4 and disclosure material submitted in support of any party’s position shall be filed at the same time as that party’s memorandum setting forth its position. DEPOSITIONS PRACTICE The Judges of the Northern District of Ohio have adopted LR 30.1 (as amended 9/23/02) which governs the taking of depositions. A copy of the rule is attached (See Attachment # 2). Counsel are expected to comply with the rule in its entirety. OTHER DIRECTIVES In all cases in which it is anticipated that a party or parties will seek attorney’s fees pursuant to statutory or case-law authority, such party shall file with the Court at or prior to the CMC a preliminary estimate and/or budget of the amount of fees and expenses anticipated to be the subject of any such claim. Such estimate shall include, but not be limited to, the following: Attorney’s Fees Preliminary Investigations & Filing of Complaint Costs $ Depositions Procedural Motions Practice $ Experts Discovery $ Witness Fees Dispositive Motions Practice $ Other $ $ $ $ Settlement Negotiations $ Trial TOTAL FEES $ $ TOTAL COSTS $ 5 RESOLUTION PRIOR TO CMC In the event that this case is resolved prior to the CMC, counsel should submit a jointly signed stipulation of settlement or dismissal, or otherwise notify the Court that the same is forthcoming. IT IS SO ORDERED. , 2019 Date s/ Jonathan D. Greenberg Jonathan D. Greenberg United States Magistrate Judge 6

=== Habeas Corpus Initial Order ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION , , Petitioner, v. Respondent. CASE NO. JUDGE MAGISTRATE JUDGE JONATHAN D. GREENBERG ORDER (as revised 10/18/2016) A petition, pursuant to 28 U.S.C. § 2254, has been filed in this Court. The Court, having examined the petition in accordance with Rule 4 of the Rules Governing § 2254 Proceedings, cannot determine from the face of the petition that Petitioner is not entitled to relief. THEREFORE, (1) (2) (3) Respondent shall file an answer (“Return of Writ”) to the petition within forty- five (45) days from the date of this order. The answer shall comply with Rule 5 of the Rules Governing § 2254 Cases, and shall address all legal issues raised in the petition. As part of the Return of Writ, Respondent shall furnish the Court with copies of all transcripts, journal entries, opinions, indictments, affidavits, orders, and docket sheets pertaining to the proceedings from which Petitioner seeks relief in this Court. Petitioner shall have thirty (30) days from the filing of Respondent’s answer/Return of Writ to reply thereto by filing a Traverse. Respondent shall have fifteen (15) days from the filing of Petitioner’s Traverse to respond thereto by filing a sur-reply. Respondent should respond to Petitioner’s Traverse when issues or arguments not addressed in the answer are raised. Briefs filed by the parties shall contain a summary of the facts and evidence upon which they rely and shall make specific reference to those portions of the record (Page or Exhibit Number) in support. Briefs shall also contain statements of the applicable law and citations to relevant case and statutory authorities, and legal analysis of the claim in issue. Where applicable, multiple volumes of the record are preferred to a single massive, unwieldy volume. It is preferred that individual exhibits in the State Court Record be “book-marked.” If a dispositive motion is filed raising a statute of limitations defense, the movant shall attach documentation in support of the motion, including, but not limited to a certified copy of the docket. If the respondent claims the petition is time-barred, he or she also shall brief the merits unless there is United States Supreme Court or Sixth Circuit precedent directly on point in support of his or her statute of limitations argument. In addition, if the petitioner files a response arguing that the filing deadline should be excused, the respondent shall file a sur-reply, including all documents in support, within fourteen days of the filing of petitioner’s response. If Respondent moves to dismiss a ground for relief on procedural default, he or she shall still brief the merits of the claim. When a party has a change of address, the party must immediately inform the Court of the new address or risk the waiver of his/her right to present arguments or the dismissal of his/her case. Any request for an extension of any deadline must be made at least three (3) business days before the deadline date, but such requests will not be routinely granted. The Clerk of Court shall forward a copy of the petition and this Order to the Respondent. IT IS SO ORDERED. Date: s/ Jonathan D. Greenberg JONATHAN D. GREENBERG U.S. MAGISTRATE JUDGE -2-

=== Order Setting Mediation Conference ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION ____________________, Plaintiff, v. _____________________, Defendant. CASE NO. _____________ JUDGE _______________ MAGISTRATE JUDGE JONATHAN D. GREENBERG ORDER SETTING MEDIATION CONFERENCE (rev. 11/28/18 A mediation conference will be held in the above-captioned case on _________, 2019, at 10:00 a.m., in Chambers 10B, Carl B. Stokes United States Courthouse, 801 West Superior Avenue, Cleveland, Ohio, before the Honorable Jonathan D. Greenberg, United States Magistrate Judge. All parties and their lead counsel are ORDERED TO APPEAR at that time. MEDIATION CONFERENCE PREPARATION A. FORMAT 1. ATTENDANCE OF ALL PARTIES REQUIRED. Parties with ultimate settlement authority must be personally present. Ultimate settlement authority means the authority to settle up to the full amount of the other sides’ demand. The conference shall be attended by all named individuals, as well as by an authorized representative of any named corporate, governmental, or other entity, together with trial counsel for each party. When the settlement decision will be made in whole or in part by an insurer, the insurer shall send a representative in person with full and complete authority to bind the company up to the value of the plaintiff’s claim and/or defendant’s claim. A governmental entity shall send a representative authorized to act on its behalf, and to bind the governmental entity up to the value of the plaintiff’s claim and/or defendant’s claim. A corporate entity shall send a representative with full and complete authority to bind the company up to the value of the plaintiff’s claim and/or defendant’s claim. If a party's authority is determined in advance of the mediation conference by a committee, board, or similar body, counsel shall notify the Court and opposing counsel no later than seven (7) days prior to the mediation conference. Moreover, the Court is mindful that, under certain very limited circumstances, an individual with full settlement authority up to the full amount of the demand may not be available to attend the conference. If such a situation arises, the party must file a written motion to excuse the presence of such a person no less than five (5) business days prior to the CMC. Parties with full settlement authority are expected to attend and will not be excused routinely. In the confidential statement referenced below, counsel shall identify the client representative(s) that will be attending and certify that the attending representative has full settlement authority up to the amount of the plaintiff’s claim and/or defendant’s claim. If a party fails to produce the appropriate person(s) at the conference (i.e. a representative(s) with full settlement authority), and the Court makes the determination that such failure negatively impacted the effectiveness of the conference, the Court may, in its discretion, order an award of costs and attorney fees incurred by the other parties in connection with the conference and/or other sanctions against the noncomplying party and/or counsel. The Court may also require the parties to return for a rescheduled -2- conference with the appropriate person(s) present. 2. CONFIDENTIAL MEDIATION STATEMENT. Each party shall submit a BRIEF confidential mediation statement to the Magistrate Judge by no later than _________, 2019. The mediation statements shall not become a part of the file of the case, but shall be for the exclusive use of the Magistrate Judge in preparing for the mediation conference. The mediation statements shall include the current status of any and all settlement negotiations, a summary of the parties’ respective positions, and an outline of factual and damage allegations. If not already part of the Court file, copies of any critical documents, photographs, or other exhibits essential to the Court being able to grasp the party’s settlement position and/or case evaluation shall be attached to the mediation statement. The mediation statement should not be lengthy (no longer than 3 pages without leave of court), but should contain enough information to be useful to the Magistrate Judge in analyzing the factual and legal issues in the case. The parties are encouraged to be candid in their statements. The mediation statement shall not be filed with the clerk, but shall be emailed or faxed to the Magistrate Judge. The email address is [email protected], and the fax number is 216-357-7134. Unless requested by all parties, copies of the mediation statement shall not be provided to the other parties in the case. Counsel shall file a motion seeking leave of court in order to submit a mediation statement containing exhibits that are greater than fifty (50) pages in length. The motion shall demonstrate good cause to exceed fifty (50) pages. If leave is granted, counsel shall provide two (2) hard copies of the statement and exhibits to Chambers 10B (in addition to emailing or faxing them as set forth above) by ________, 2019. The exhibits shall be properly tabbed and -3- formatted. 3. PRE-MEDIATION CONFERENCE DEMAND AND OFFER. A mediation conference is more likely to be productive if, before the conference, the parties have had a written exchange of their settlement proposals. Accordingly, by no later than ________, 2019, each counsel making affirmative claims for relief (“claimant’s counsel”) shall submit a written itemization of damages and settlement demand to opposing counsel with a brief explanation of why such a settlement is appropriate. By no later than _______, 2019, opposing counsel shall submit a written offer to claimant’s counsel with a brief explanation of why such a settlement is appropriate. On occasion, this process will lead directly to a settlement. If settlement is not achieved, claimant’s counsel shall deliver by email or fax copies of these settlement positions to Magistrate Judge Greenberg’s chambers no later than _________, 2019. Do not file copies of these papers with the Clerk’s Office. 4. MEDIATION FORMAT. The Court will generally use a format of opening presentations by each side followed by a joint discussion and private caucusing by the Court with each side. The Court expects both the lawyers and the party representatives to be fully prepared to participate. The Court encourages all parties to keep an open mind in order to reassess their previous positions and to find creative means for resolving the dispute. 5. STATEMENTS INADMISSIBLE. Statements made by any party during the mediation conference are not and shall not be used in discovery and will be inadmissible at trial. Parties are encouraged to be frank and open in their discussions. The Court expects the parties to address each other with courtesy and respect. -4- B. ISSUES TO BE DISCUSSED AT MEDIATION CONFERENCE. Parties should be prepared to discuss the following at the mediation conference: 1. 2. 3. 4. 5. 6. 7. 8. 9. What are your objectives in the litigation? What issues (in and outside of this lawsuit) need to be resolved? What are the strengths and weaknesses of your case? Do you understand the opposing side’s view of the case? What is wrong with their perception? What is right with their perception? What are the points of agreement and disagreement between the parties? Factual? Legal? What are the impediments to settlement? What remedies are available through litigation or otherwise? Are there possibilities for a creative resolution of the dispute? Do you have adequate information to discuss settlement? If not, how will you obtain sufficient information to make a meaningful settlement discussion possible? Are there outstanding liens? Do we need to include a representative of the lienholder? 10. What legal costs or case expenses will you incur to take the case through trial and appeal? C. INVOLVEMENT OF CLIENTS For many clients, this will be the first time they have participated in a court supervised mediation conference. Therefore, counsel shall provide their clients with a copy of this Standing Order and shall discuss with them the points contained herein prior to the mediation conference. D. REQUESTS TO RESCHEDULE MEDIATION OR EXCUSE ATTENDANCE Any requests to reschedule mediation proceedings and/or excuse the in-person attendance of a named party or party representative must be set forth in a written motion. Such motion must -5- be filed no less than ten (10) days prior to the scheduled proceeding, absent extenuating circumstances. With regard to a motion to reschedule mediation proceedings, the moving party (or parties, if it is a joint motion) must confer with opposing counsel and propose no less than three (3) alternative dates that are agreeable to all participants. Any request not complying with the above provisions will be denied. The Court will not entertain telephone calls or emails requesting that mediation proceedings be rescheduled or that named parties/party representatives be excused. IT IS SO ORDERED. Date: ______________ s/ Jonathan D. Greenberg JONATHAN D. GREENBERG U.S. MAGISTRATE JUDGE -6-

=== Order Setting Settlement Conference ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION ____________________, Plaintiff, v. _____________________, Defendant. CASE NO. _____________ JUDGE _______________ MAGISTRATE JUDGE JONATHAN D. GREENBERG ORDER SETTING SETTLEMENT CONFERENCE (rev. 11/28/18 A settlement conference will be held in the above-captioned case on _________, 2018, at 10:00 a.m., in Chambers 10B, Carl B. Stokes United States Courthouse, 801 West Superior Avenue, Cleveland, Ohio, before the Honorable Jonathan D. Greenberg, United States Magistrate Judge. All parties and their lead counsel are ORDERED TO APPEAR at that time. SETTLEMENT CONFERENCE PREPARATION A. FORMAT 1. ATTENDANCE OF ALL PARTIES REQUIRED. Parties with ultimate settlement authority must be personally present. Ultimate settlement authority means the authority to settle up to the full amount of the other sides’ demand. The conference shall be attended by all named individuals, as well as by an authorized representative of any named corporate, governmental, or other entity, together with trial counsel for each party. When the settlement decision will be made in whole or in part by an insurer, the insurer shall send a representative in person with full and complete authority to bind the company up to the value of the plaintiff’s claim and/or defendant’s claim. A governmental entity shall send a representative authorized to act on its behalf, and to bind the governmental entity up to the value of the plaintiff’s claim and/or defendant’s claim. A corporate entity shall send a representative with full and complete authority to bind the company up to the value of the plaintiff’s claim and/or defendant’s claim. If a party's authority is determined in advance of the settlement conference by a committee, board, or similar body, counsel shall notify the Court and opposing counsel no later than seven (7) days prior to the settlement conference. Moreover, the Court is mindful that, under certain very limited circumstances, an individual with full settlement authority up to the full amount of the demand may not be available to attend the conference. If such a situation arises, the party must file a written motion to excuse the presence of such a person no less than five (5) business days prior to the CMC. Parties with full settlement authority are expected to attend and will not be excused routinely. In the confidential statement referenced below, counsel shall identify the client representative(s) that will be attending and certify that the attending representative has full settlement authority up to the amount of the plaintiff’s claim and/or defendant’s claim. If a party fails to produce the appropriate person(s) at the conference (i.e. a representative(s) with full settlement authority), and the Court makes the determination that such failure negatively impacted the effectiveness of the conference, the Court may, in its discretion, order an award of costs and attorney fees incurred by the other parties in connection with the conference and/or other sanctions against the noncomplying party and/or counsel. The Court may also require the parties to return for a rescheduled -2- conference with the appropriate person(s) present. 2. CONFIDENTIAL SETTLEMENT STATEMENT. Each party shall submit a BRIEF confidential settlement statement to the Magistrate Judge by no later than _________, 2018. The settlement statements shall not become a part of the file of the case, but shall be for the exclusive use of the Magistrate Judge in preparing for the settlement conference. The settlement statements shall include the current status of any and all settlement negotiations, a summary of the parties’ respective positions, and an outline of factual and damage allegations. If not already part of the Court file, copies of any critical documents, photographs, or other exhibits essential to the Court being able to grasp the party’s settlement position and/or case evaluation shall be attached to the settlement statement. The statement should not be lengthy (no longer than 3 pages without leave of court), but should contain enough information to be useful to the Magistrate Judge in analyzing the factual and legal issues in the case. The parties are encouraged to be candid in their statements. The settlement statement shall not be filed with the clerk, but shall be emailed or faxed to the Magistrate Judge. The email address is [email protected], and the fax number is 216-357-7134. Unless requested by all parties, copies of the settlement statement shall not be provided to the other parties in the case. Counsel shall file a motion seeking leave of court in order to submit a settlement statement containing exhibits that are greater than fifty (50) pages in length. The motion shall demonstrate good cause to exceed fifty (50) pages. If leave is granted, counsel shall provide two (2) hard copies of the statement and exhibits to Chambers 10B (in addition to emailing or faxing them as set forth above) by ________, 2018. The exhibits shall be properly tabbed and -3- formatted. 3. PRE-SETTLEMENT CONFERENCE DEMAND AND OFFER. A settlement conference is more likely to be productive if, before the conference, the parties have had a written exchange of their settlement proposals. Accordingly, by no later than ________, 2018, each counsel making affirmative claims for relief (“claimant’s counsel”) shall submit a written itemization of damages and settlement demand to opposing counsel with a brief explanation of why such a settlement is appropriate. By no later than _______, 2018, opposing counsel shall submit a written offer to claimant’s counsel with a brief explanation of why such a settlement is appropriate. On occasion, this process will lead directly to a settlement. If settlement is not achieved, claimant’s counsel shall deliver by email or fax copies of these settlement positions to Magistrate Judge Greenberg’s chambers no later than _________, 2018. Do not file copies of these papers with the Clerk’s Office. 4. SETTLEMENT FORMAT. The Court will generally use a format of opening presentations by each side followed by a joint discussion and private caucusing by the Court with each side. The Court expects both the lawyers and the party representatives to be fully prepared to participate. The Court encourages all parties to keep an open mind in order to reassess their previous positions and to find creative means for resolving the dispute. 5. STATEMENTS INADMISSIBLE. Statements made by any party during the settlement conference are not and shall not be used in discovery and will be inadmissible at trial. Parties are encouraged to be frank and open in their discussions. The Court expects the parties to address each other with courtesy and respect. -4- B. ISSUES TO BE DISCUSSED AT SETTLEMENT CONFERENCE. Parties should be prepared to discuss the following at the settlement conference: 1. 2. 3. 4. 5. 6. 7. 8. 9. What are your objectives in the litigation? What issues (in and outside of this lawsuit) need to be resolved? What are the strengths and weaknesses of your case? Do you understand the opposing side’s view of the case? What is wrong with their perception? What is right with their perception? What are the points of agreement and disagreement between the parties? Factual? Legal? What are the impediments to settlement? What remedies are available through litigation or otherwise? Are there possibilities for a creative resolution of the dispute? Do you have adequate information to discuss settlement? If not, how will you obtain sufficient information to make a meaningful settlement discussion possible? Are there outstanding liens? Do we need to include a representative of the lienholder? 10. What legal costs or case expenses will you incur to take the case through trial and appeal? C. INVOLVEMENT OF CLIENTS For many clients, this will be the first time they have participated in a court supervised settlement conference. Therefore, counsel shall provide their clients with a copy of this Standing Order and shall discuss with them the points contained herein prior to the settlement conference. D. REQUESTS TO RESCHEDULE CONFERENCE OR EXCUSE ATTENDANCE Any requests to reschedule settlement proceedings and/or excuse the in-person attendance of a named party or party representative must be set forth in a written motion. Such -5- motion must be filed no less than ten (10) days prior to the scheduled proceeding, absent extenuating circumstances. With regard to a motion to reschedule settlement proceedings, the moving party (or parties, if it is a joint motion) must confer with opposing counsel and propose no less than three (3) alternative dates that are agreeable to all participants. Any request not complying with the above provisions will be denied. The Court will not entertain telephone calls or emails requesting that settlement proceedings be rescheduled or that named parties/party representatives be excused. IT IS SO ORDERED. Date: ______________ s/ Jonathan D. Greenberg JONATHAN D. GREENBERG U.S. MAGISTRATE JUDGE -6-

=== Social Security Initial Order ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION , Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. CASE NO. JUDGE MAGISTRATE JUDGE JONATHAN D. GREENBERG ORDER (as revised 4/23/19) This action brought pursuant to 42 U.S.C. § 405(g) and being before this Court either for entry of a Report and Recommended Decision or, upon consent of the parties for entry of final judgment, IT IS HEREBY ORDERED: 1. Plaintiff's counsel shall (a) immediately fax (216-522-4982) or email ([email protected]) to Linda Bartolozzi, Paralegal Assistant, for the U.S. Attorney's Office, Northern District of Ohio, the case name, case number and plaintiff's social security number and, (b) shall file a certificate with this Court confirming that such notice has been sent. 2. The defendant is granted a maximum of 60 days from the date of receiving service of the complaint to file an answer and administrative record. No extensions will be granted beyond the expiration of the 60-day period except upon a showing of good cause for extraordinary circumstances. IN ACCORDANCE WITH LOCAL RULE 8.1 (d), TRANSCRIPTS OF THE ADMINISTRATIVE RECORD ARE NOT AVAILABLE ONLINE AND MAY BE FILED WITHOUT REDACTION. 3. Within thirty (30) days of the filing of the answer and transcript, the plaintiff shall go forward with his/her primary submission. That pleading shall be no more than a total of twenty-five (25) pages in length with 12pt font and one inch page margins. It shall be captioned “Plaintiff’s Brief On The Merits,” shall state with particularity the grounds for any relief sought and the legal arguments in support, and shall conclude with a statement of the relief sought. No extension beyond that date will be granted other than on motion demonstrating good cause. 4. In the event the plaintiff’s brief on the merits is not filed within thirty (30) days after the answer (and a motion for extension has not been granted), the case may be subject to dismissal for want of prosecution without further notice. 5. The defendant’s response to the plaintiff’s submission shall be filed within thirty (30) days thereafter. It shall be no more than a total of twenty-five (25) pages in length with 12pt font and one inch page margins, and shall be captioned “Defendant’s Brief On The Merits.” If no submission is filed within that time (and a motion for extension has not been granted), review may be undertaken based upon the plaintiff’s brief only. No extension beyond that date will be granted other than on motion demonstrating good cause. 6. If the plaintiff chooses to respond to the defendant’s brief, the plaintiff shall file a reply brief of not more than ten pages within fourteen (14) days from the filing of the defendant’s brief. It shall be no more than a total of ten (10) pages in length with 12pt font and one inch page margins, and shall be captioned “Plaintiff’s Reply Brief.” -2- 7. Any request for an extension of any deadline must be made at least three (3) business days before the deadline date, but such requests will not be routinely granted. PLEASE NOTE: Plaintiff should be mindful of Rule 16.3.1 of the Local Rules of the United States District Court for the Northern District of Ohio. Among other things, the Local Rule states that, Plaintiff "shall cause the summons and complaint to be served upon the defendant in the manner specified by Fed. R. Civ. P. 4(i) within 21 days (21) of the date of filing the complaint with the Clerk of Court." N.D. Ohio LR 16.3.1(b). Plaintiff’s brief shall first set forth a list of “Legal Issues,” followed by a recitation of “Facts” in a “Facts” section, and then an “Argument” or “Analysis” section. In the “Facts” section, the brief shall cite, by exact and specific transcript page number, the pages relating to these facts. For example, a citation to a medical finding contained on a single page of a 20 page Exhibit must cite to the specific page, not generally to the 20 pages of the Exhibit. In addition, citations to the Transcript should refer to the page number indicated on the lower right hand corner of the document, and NOT to the PageID # at the top of the document. All facts relevant to the legal issues and discussion must be set forth in the “Facts” section. Defendant’s brief shall specifically address the legal issues and facts cited by plaintiff and shall cite, by exact and specific transcript page number, all relevant facts in a “Facts” section. The “Facts” section of both briefs shall accurately recite the record without argument, coloring, or “spin.” The arguments should be in the “Argument” or “Analysis” section of the brief, not in the “Facts” section, and shall be preceded by headings identifying the claimed errors. -3- The parties are expected to fully and fairly present to the Court all relevant evidence in the record, both favorable and unfavorable. A full recitation of all relevant evidence should be presented. Briefs shall cite concisely the relevant statutory and case law supportive of the party’s position. Any facts recited in support of the “Argument” or “Analysis” section of the brief must also be set forth in the “Facts” section of the brief. Any factual allegations or arguments relying upon the record that either do not cite to the record or are unsupported by the record citation will not be considered by the Court. Date: s/ Jonathan D. Greenberg JONATHAN D. GREENBERG U.S. MAGISTRATE JUDGE -4-

=== AI Ban and Shadow Counsel Order ===

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Plaintiff, vs. Defendant. CASE NO. MAGISTRATE JUDGE JONATHAN D. GREENBERG ORDER ON THE USE OF GENERATIVE AI AND SHADOW COUNSEL Pursuant to the Court’s inherent authority and the authority pursuant to Rule 11 of the Federal Rules of Civil Procedure, no attorney for a party, or a pro se party, may use Artificial Intelligence (“AI”) in the preparation of any filing submitted to the Court. Parties and their counsel who violate this AI ban may face sanctions, including, inter alia, striking the pleading from the record, the imposition of economic sanctions or contempt, and dismissal of the lawsuit. The Court does not intend this AI ban to apply to information gathered from legal search engines, such as Westlaw or LexisNexis, or Internet search engines, such as Google or Bing. All parties and their counsel have a duty to immediately inform the Court if they discover the use of AI in any document filed in this case. Furthermore, to preserve Rule 11 accountability, the Court prohibits any attorney assistance without appearance or disclosure or undisclosed attorney ghostwriting (otherwise known as shadow counsel) in this case. IT IS SO ORDERED. Date: [insert] ________________________ Jonathan D. Greenberg United States Magistrate Judge