Consent Form Initial Assignment; Consent Form After Referral; Joint Status Report; Pretrial Order; Sample Scheduling Order

=== Consent Form Initial Assignment ===

BONNIE HACKLER U.S. COURT CLERK TELEPHONE 918-684-7920 United States District Court Eastern District of Oklahoma P.O. Box 607 Muskogee, Oklahoma 74402 TO: ALL COUNSEL OF RECORD AND/OR PRO SE PARTIES: When a civil case is filed in the Eastern District of Oklahoma, it is assigned by random selection to either a United States District Judge or a United States Magistrate Judge. This case has been assigned to a United States Magistrate Judge. The United States Magistrate Judge to whom this case has been assigned may conduct all proceedings (including trial) and enter final judgment with the consent of all parties. A form for such consent is provided herewith and is available on our public web site at www.oked.uscourts.gov. Any party wishing to consent to the jurisdiction of the United States Magistrate Judge to whom this case has been assigned must do so by completing the “Consent” section of the attached form. Any party not wishing to consent to such jurisdiction must complete the “Reassignment” section. If any party chooses the District Judge Option and requests a reassignment, the case will be randomly reassigned to a United States District Judge. Pursuant to 28 U.S.C. §636(c)(2), the parties are free to withhold consent without adverse consequences. No Judge will be informed of a party’s response unless all parties have consented to the assignment of the matter to a United States Magistrate Judge. Submit the attached form to the Clerk’s office within 21 days of receipt. E-mail this document in pdf format to [email protected] or, alternatively, mail the document to U.S. District Court, Eastern District of Oklahoma, P.O. Box 607, Muskogee, Oklahoma 74402, Attention: Consent Clerk. Do not e-file the attached consent document. Sincerely, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA PLAINTIFF, DEFENDANT. CASE NO. NOTICE OF ASSIGNMENT TO A UNITED STATES MAGISTRATE JUDGE WITH CONSENT TO PROCEED OR DISTRICT JUDGE OPTION VS. In accordance with United States District Court for the Eastern District of Oklahoma General Order 03-08 and Fed.R.Civ.P. 73, you are notified that the above entitled action has been assigned to a United States Magistrate Judge to conduct all proceedings in this case, including trial, entry of final judgment, and all post-judgment proceedings. Exercise of this jurisdiction by a United States Magistrate Judge is permitted only if all parties file a written consent. Pursuant to 28 U.S.C. §636(c)(2), the parties are free to withhold consent without adverse consequences. Indicate below if you consent to the assignment or if you wish to exercise the District Judge Option and request the case be reassigned to a District Judge. Consent Reassignment ___________________________________ Party(s) represented ___________________________________ Date Attorney Signature Return this completed form within 21 days of receipt. Counsel is required to e-mail this document in pdf format to: [email protected]. Alternatively, the form may be mailed to the following address: U.S. District Court, Eastern District of Oklahoma, P.O. Box 607, Muskogee, Oklahoma 74402, Attention: Consent Clerk. Do not e-file this document. No Judge will be informed of a party’s response to this notification, unless all parties have consented to the assignment of the matter to a United States Magistrate Judge. An appeal from a judgment entered by a United States Magistrate Judge will be made directly to the United States Circuit Court of Appeals for the Tenth Circuit in the same manner as an appeal from any other judgment of this district. 28 U.S.C. § 636(c); Fed.R.Civ.P. 73.

=== Consent Form After Referral ===

AO 85 (Rev. 02/17) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge UNITED STATES DISTRICT COURT for the Eastern District of Oklahoma District of Plaintiff v. Defendant Civil Action No. NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment may then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge may exercise this authority only if all parties voluntarily consent. You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise be involved with your case. Consent to a magistrate judge’s authority. The following parties consent to have a United States magistrate judge conduct all proceedings in this case including trial, the entry of final judgment, and all post-trial proceedings. Printed names of parties and attorneys Signatures of parties or attorneys Dates IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73. Reference Order Date: District Judge’s signature Printed name and title Note: Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States magistrate judge. Do not return this form to a judge.

=== Joint Status Report ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA vs. Plaintiff(s), Defendant(s). Case No. JOINT STATUS REPORT JURY DEMANDED: Yes No I. Summary of Claims: II. Summary of Defenses: III. Motions Pending: Please include Docket Number, Title of Pleading, and date filed. IV. Are Dispositive Motions Anticipated? If so, describe them. V. Stipulations: A. B. C. D. Jurisdiction Admitted: Venue Appropriate: Facts: ___________________________________________________________ Law: ____________________________________________________________ No (If no, explain.) No (If no, explain.) Yes Yes Please provide appropriate stipulations of fact and law. “None at this time” is not an appropriate response. Fed. R. Civ. P. 26 Discovery Plan: The parties jointly propose to the Court the VI. following discovery plan: (Use separate paragraphs or subparagraphs as necessary if parties disagree.) A. Should any changes be made to the timing, form or requirements for disclosures under Rule 26(a)? ☐ Yes (If yes, explain.) ☐ No B. Have initial disclosures under Rule 26(a)(1) been exchanged, and filed? ☐ Yes ☐ No (If no, explain.) Note: Plaintiff shall submit a calculation of every category of damage requested. Note that pursuant to Rule 26(a)(1), initial disclosures must be made within 14 days after you confer for the purpose of preparing this discovery plan. All parties are under an affirmative duty to (i) comply 1 with the mandatory disclosure requirements, and (ii) notify the Court of any non-disclosure so that the issue can be promptly referred to a magistrate judge for resolution. Failure of any party to disclose information or failure of any party to bring disclosure issues to the Court’s attention in a timely manner may result in sanctions, including prohibiting the use of that information at trial pursuant to Rule 37(c)(1). C. If applicable, have disclosures pursuant to Fed. R. Civ. P. 7.1 been filed? ☐ Yes ☐ No (If no, explain.) D. Discovery will be needed on the following subjects: _________________________________ ___________________________________________________________________________ Should discovery be conducted in phases and/or should discovery be limited at this time to particular subject matters or issues? ☐ Yes ☐ No Explain: ___________________________________________________ E. All discovery commenced in time to be completed by _______________________________ Discovery on ______________________ (issue for early discovery) to be completed by ________________. F. Should any changes be made in the limitations on discovery imposed by the Federal Rules of Civil Procedure or the Local Civil Rules? ☐ Yes (If yes, explain.) ☐ No G. Maximum of _________________ interrogatories by each party to any other party. Responses due ________________ days after service. Maximum of _________________ requests for admission by each party to any other party. Responses due ________________ days after services. H. Proposed Number of Fact and Expert Depositions: 1. To be allowed for Plaintiff? 2. To be allowed for Defendant? I. Is there a need for any special discovery management order(s) by the Court? ☐ Yes (If yes, explain.) ☐ No VII. Do all parties consent to trail before Magistrate Judge? ______ Yes _______ No If you mark “yes”, you will be deemed to have consented to the jurisdiction of the assigned United States Magistrate Judge without the necessity for the filing or submission of any other documentation. The United States Magistrate Judge will exercise complete jurisdiction over this case through and including trial and the entry of a final judgment in accordance with 28 U.S.C. § 636(c)(1) and Fed. R. Civ. P. 73(a). VIII. Settlement Plan (Check one) A. Settlement Conference Requested after 2 B. C. D. Private Mediation Scheduled: If counsel anticipate a private mediation, they shall promptly file a Notice with the court as to the date of the scheduled mediation and the name of the mediator. Counsel shall also file a Notice within three business days of the results of the mediation. Other ADR (Explain) ADR is not appropriate in this case (Explain) IX. Does this case warrant special case management? If yes, explain why. X. Do the parties request that the Court hold a scheduling conference? Yes _______ No _______ If the parties consent to the United States Magistrate Judge under Section VII and do not request a Scheduling Conference, the Court will issue a Scheduling Order based on the information contained in this Joint Status Report and no Scheduling Conference will be conducted, unless otherwise ordered by the Court. XI. Estimated number of days required for trial: ________________________ Read and Approved by: _______________________________ ___________________________________ Attorney for Plaintiff Attorney for Defendant 3

=== Pretrial Order ===

(Style of Case) U.S. MAGISTRATE JUDGE D. EDWARD SNOW Proposed Form of Pretrial Order UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA PRETRIAL ORDER (Case Number) Following pretrial conference held before the court, IT IS SO ORDERED: (State date of pretrial and appearance of attorneys) I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XI1. XIII. XIV. This is an action for: (State the nature of action, designate the parties, set forth a factual basis and identify with particularity the causes of action and the defenses to each cause of action. Affirmative defenses must be listed separately.) Remedies: (List all remedies sought for each cause of action. If damages are sought, itemize each element of damages with the corresponding dollar amounts.) Federal jurisdiction is invoked upon the ground: (List the legal authority for jurisdiction and a concise statement of the facts requisite to confer federal jurisdiction.) The following facts are admitted, and require no proof: (List each admitted fact, including jurisdictional facts. Stipulate in writing to as many facts and issues as possible. State whether or not the admitted fact must be made known to the jury and, if so, which party is to prepare and circulate a stipulation to be read to the jury. Parties may not submit separate lists of admitted facts.) The reservations as to the facts recited in Paragraph IV are as follows: (Set forth any objection reserved by any party as to the admissibility in evidence of any issue of fact as provided by Rule 36(b) of the Federal Rules of Civil Procedure. The following facts, though not admitted, are not to be contested at the trial by evidence to the contrary: (List each such fact with specificity.) The parties agree the following issues of fact, and no others, remain to be litigated upon the trial: (Specify each disputed fact. A mere general statement will not suffice.) The parties agree the following issues of law, and no others, remain to be litigated upon the trial: (Set forth a concise statement of each such issue. Disregard the effects of any pending motions. Parties may not submit separate issues of law.) Exhibit Lists: (This section should include a separate exhibit list for each party. Each exhibit list should be broken down into two columns. On the left side, each exhibit should be listed separately (no subheadings) in the sequence proposed to be offered, with a description of each sufficient for identification. Do not refer the court to the pleadings. The column on the right should state the corresponding objection to each exhibit, if any. The objection must also contain the applicable Federal Rule upon which it is based. All exhibits and documents to be introduced at trial shall have been furnished to opposing counsel prior to the pretrial conference and within the time specified by the Scheduling Order entered in the case. Without appropriate notice and disclosure and immediate written application to the court for permission to supplement, proffered late exhibits will not be ordered listed or admitted, except to avoid manifest injustice.) Witness Lists: (This section should specifically list all witnesses that will or might be called by the parties, including opponent's witnesses you intend to call and include a statement of the nature of their testimony. Testimony on other subjects will not be allowed. Do not refer the court to the pleadings, to depositions previously taken, or to witnesses listed by opposing counsel.) WITNESSES NOT SO LISTED WILL NOT BE ALLOWED TO BE CALLED TO TESTIFY, EXCEPT BY ORDER OF THE COURT AND IN THE INTEREST OF JUSTICE. ALL discovery shall be completed by: (Set forth the date for completion of discovery allowed by the Scheduling Order entered in the case or, if the parties have agreed to discovery outside of that date, the completion date agreed upon. The following motions are pending in this case: (Set forth all pending motions, the corresponding dates of filing and whether the motions are at issue.) The possibility of settlement of this case has been explored with the following results: (Set forth whether the case probably will be settled, may be settled, or has no possibility of settlement.) The foregoing admissions having been made by the parties, and the parties having specified the foregoing issues of fact and law remaining to be litigated, this order shall supersede the pleadings and govern the course of the trial of this cause, unless modified to prevent manifest injustice. Rule 16, Federal Rules of Civil Procedure. Dated this _______ day of ___________________, 20_____. Approved as to form and content: Attorney for Plaintiff(s) Attorney for Defendant(s) D. EDWARD SNOW United States Magistrate Judge

=== Sample Scheduling Order ===

vs. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA Plaintiff(s Defendants(s Case No.: SCHEDULING ORDER Having discussed with counsel their need for adequate discovery time, the complexity of the legal issues involved herein, and their caseloads, the court enters the following Scheduling Order: 1. __________ Joinder of Additional Parties or Amendments to the Pleadings 2. Expert Reports Filed: See rules 16 and 26 Federal Rules of Civil Procedure ___________ ___________ ___________ Plaintiff Expert Report(s) Defendant Expert Report(s) Any rebuttal Expert Report(s) Any objections to the reliability of an expert’s proposed testimony under Federal Rule of Evidence 702 shall be made by motion, specifically stating the basis for the objection and identifying the objectionable testimony, not later than 14 days of receipt of the written report of the expert’s proposed testimony or not later than 14 days of the expert’s deposition, if a deposition is taken, whichever is later. The failure to strictly comply with this paragraph will be deemed a waiver of any objection that could have been make pursuant to Federal Rule of Evidence 702. 3. ___________ Exchange and File Preliminary Witness and Exhibit Lists 4. ___________ Exchange and File Final Witness and Exhibit Lists 5. ___________ Discovery Completed 6. ___________ All Dispositive Motions Filed 7. ___________ Motions in Limine Filed 8. ___________ Exchange all Trial Exhibits including Demonstrative Exhibits and Requested Jury Instructions 9. ___________ Agreed Pretrial Order Submitted (Instructions are available on the Court’s website at www.oked.uscourts.gov. If the parties decide to consent for trial to the United States Magistrate Judge, Judge D. Edward Snow’s form is also available on the website.) 10. ___________ Agreed Jury Instructions and Proposed Voir Dire, Proposed Findings of Fact and Conclusions of Law (non-jury), Disputed Jury Instructions (included in Trial Brief) and Trial Briefs filed 11. ___________ Deposition Designations. (See Local Civil Rule 30.1(c 12. ___________ Counter-Designations and objections thereto (See Local Civil Rule 30.1(c 13. ___________ PRETRIAL CONFERENCE AT __________(time) 14. ___________ TRIAL DATE: [ ] JURY at 9:00 a.m. [ ] NON-JURY at 9:00 a.m. 15. ___________ ESTIMATED TRIAL TIME. IT IS THE FURTHER ORDER OF THE COURT that no date set by this Order can be changed except for good cause and upon written Order of this Court prior to the date scheduled. IT IS THE FURTHER ORDER OF THE COURT that the parties comply with the disclosure requirement and attend deadlines established by Federal Rule Civil Procedure 26, unless otherwise modified by this order. IT IS THE FURTHER ORDER OF THE COURT that all attorneys who will participate in the trial of this case shall be required to attend the Pretrial Conference unless their non-attendance is authorized in advance by the Court. Further, litigants will not be permitted to attend the Pretrial Conference without prior Court approval. IT IS SO ORDERED this ____ day of ____________, 2023 _____________________________________________ D. EDWARD SNOW UNITED STATES MAGISTRATE JUDGE