Court Procedures Manual; RULE 26(f) - CONFERENCE CHECKLIST FOR JUDGE J; Joint Report of Meeting and Proposed Joint Discovery and Case Management Plan; Memorandum and Order Regarding Discovery Motions and Dispositive Motions, including Motions for Summary Judgment and Analogous Motions to Dismiss in

=== Court Procedures Manual ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING JUDGE ALAN B. JOHNSON COURT PROCEDURES July 10, 2013 The accompanying procedures are to be used in conjunction with the Local Rules for the United States District Court for the District of Wyoming and are not a substitute for them, except where noted. The Local Rules, both Civil and Criminal, for this District may be obtained on the Court’s website at http://www.wyd.uscourts.gov. Strict compliance with the Local Rules is required. 2 COURT PROCEDURES FOR JUDGE JOHNSON 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Contact with Court Personnel Emergencies Continuances Appearances Time Motion Practice -- Civil and Criminal Briefs and Memoranda of Law Initial Pretrial Conferences and Scheduling Orders Required Pretrial Materials Final Pretrial Conference Trial Settings; Plea Agreements Exhibits Equipment Courtroom Procedures Voir Dire Depositions Settlement and Orders of Dismissal 3 Appendix A Proposed Joint Discovery and Case Management Plan Under Rule 26(f) of the Federal Rules of Civil Procedure Appendix B Memorandum and Order Regarding Discovery Motions, Motions for Summary Judgment and Analogous Motions to Dismiss in Civil Cases Appendix C Joint Final Pretrial Memorandum Appendix D Final Pretrial Order 4 COURT PROCEDURES 1. Contact with Court Personnel A. B. The Court expects that the parties will file documents through the District Court’s Case Management/Electronic Case Filing (“CM/ECF”) System. Information about the status of documents, entry of orders, or docket entries should be obtained from the CM/ECF or Pacer Systems or, if absolutely necessary, Judge Johnson’s Judicial Assistant, Sarah Williamson, at (307) 433-2170 or [email protected], or Judge Johnson’s Courtroom Deputy, at (307) 433-2120, may be contacted. Inquiries as to the status of the case or pending motions should not be made to the Court’s Judicial Assistant or Law Clerks. At the Court’s discretion, Law Clerks may contact counsel; however, they will not discuss matters other than the subject of the call. Casual telephone inquiries should not be made about motions and case status. Inquiries regarding motions, status of the case, and like matters should be by letter or writing delivered to Chambers, unless time does not permit. Do not address substantive issues in letter form as they will not be docketed or included in any appellate record. Copies of urgent documents (including letters) or documents that require prompt attention by the Court may be sent or hand-delivered to Chambers (See Emergencies, § 2 below) or may be emailed to Chambers and counsel prior to and in the same manner as the document is transmitted to Chambers. Documents may not be faxed without the express prior permission of the Court. C. Case related correspondence to the Court should be addressed to: Chambers of the Honorable Alan B. Johnson United States District Court for the District of Wyoming 2120 Capitol Avenue, Room 2018 Cheyenne, Wyoming 82001 Or by email: [email protected] 5 2. Emergencies A. Applications for restraining orders or for immediate relief shall be filed electronically through the CM/ECF system and all related communications with the Court must be submitted to Chambers contemporaneously. Such applications shall be presented to the Court following counsel’s affirmation that the opposing party has been contacted and that both parties can be available for an in-chambers conference with the Court or accompanied by an explanation why such contact is not legally required. Ex parte applications for restraining orders will not be entertained unless the requirements of Fed. R. Civ. P. Rule 65(b) have been satisfied. B . Motions for extension of deadlines or cut-off dates are not emergencies. 3. Continuances A. B. C. Agreements or joint motions among counsel for continuances are not binding on the Court. Motions for continuances will be granted only at the Court’s discretion. To the extent possible, bona fide vacation requests will be respected if they are made well in advance of a trial setting. As a general rule, a trial will not be continued because of the unavailability of a witness. Counsel are expected to anticipate such possibilities and should be prepared to present testimony by written deposition, videotaped deposition or by stipulation. 4. Appearances A. B. An attorney or pro se party who appears at a hearing or conference shall: (1) (2) (3) be familiar with the case; have authority to bind the client, and be in charge for that appearance. Counsel wishing to appear at a conference or hearing by telephone must contact Chambers to obtain permission and make arrangements for telephone participation as far in advance of the conference or hearing as reasonably possible. If the Court agrees to participation by telephone conference call, the requesting party is 6 responsible for making all arrangements providing for all parties’ participation. Conference calls shall be made to Judge Johnson’s main chambers number, (307) 433-2170, at the scheduled time. Parties must call in on a single line. It is preferred that parties use a land line and do not use cellular or speaker telephones. Additionally, telephonic appearances are disfavored in evidentiary hearings. C . D. E. Counsel must notify Chambers immediately of the resolution of any matter that is set for trial or hearing. Failure to appear when notified of a setting may subject the attorney and/or his or her client to sanctions, including dismissal for lack of prosecution and/or other appropriate order or judgment. Counsel seeking to appear pro hac vice must satisfy promptly and fully all provisions of Local Rule 83.12.2. Counsel admitted to appear pro hac vice must fully familiarize him/herself with the provisions of the Local Rules of this District as well as these Court Procedures. 5. Time Unless otherwise specified by the Court, time shall be computed in accordance with Rule 6 of the Federal Rules of Civil Procedure and Rule 6.1 of the Local Rules of this Court. Whenever a period is stated in days or a longer unit of time, the day of the event that triggers the event is excluded; every day, including intermediate Saturdays, Sundays, and legal holidays is counted; and includes the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Where the Court has determined that business days shall be used to calculate time, it will be specifically stated in the pertinent order or other document from the Court. The parties should also refer to Fed. R. Civ. P. 6 for further provisions regarding calculations of time. 6. Motion Practice -- CIVIL AND CRIMINAL A. The Court follows the written motion practice described in the Local Rules and as further outlined in this Court’s “Memorandum and Order Regarding Discovery Motions and Dispositive Motions, including Motions for Summary Judgment and Analogous Motions to Dismiss in Civil Cases” (see Appendix B, included in these Court Procedures). Because most motions will be ruled upon the parties’ written 7 B. C. D. E. submissions, without oral argument or hearing, brief, clear and concise moving papers are important. Motions and responses will be considered by the Court after the submission date. Counsel may request oral hearing or argument if he or she believes an oral hearing would assist the Court. Chambers will notify counsel if the Court determines that an oral hearing would be beneficial. Counsel must make serious and timely efforts to confer with opposing counsel on all non-dispositive motions in an effort to reach agreement on the relief sought by the movant. Pursuant to Local Rule 7.1(b)(A), counsel for the moving party shall set forth in writing all good faith efforts undertaken to resolve the dispute. The Court will not consider the motion where this information has not been provided. Counsel who repeatedly fail to return phone calls or other efforts relating to the conference requirement will be required to explain this behavior to the Court. In extreme cases, sanctions may be imposed. All motions, pleadings and other communications to the Court (other than ex parte communications permitted by law) must be served on all other parties to the case. All written submissions filed in a case must also comply with the provisions of Rule 5.2 of the Federal Rules of Civil Procedure and Local Rule 8.2, entitled “Exclusion of Certain Personal Data from Pleadings.” Unless otherwise identified by the Court, to protect personal privacy and other legitimate interests, parties shall refrain from including or shall redact from their pleadings and exhibits thereto: • • • • Social Security Numbers and Taxpayer Identification Numbers. (If an individual’s social security number or a taxpayer identification number must be included, only the last 4 digits of the number should be used.) Names of Minor Children. (If the involvement of a minor child must be mentioned, only the initials of that child should be used.) Dates of Birth. (If an individual’s date of birth must be included, only the year of birth should be used.) Financial Account Numbers. (If a financial account number is relevant, only the last 4 digits of such numbers should be used.) 8 • Home addresses. (If a home address must be included, only the city and state should be used.) F. All motions except motions pursuant to Fed. R. Civ. P. Rule 12(b)(6) and Rule 56 must include a separate proposed order granting or denying the relief requested. All motions filed pursuant to Fed. R. Civ. P. Rule 12(b)(6) or Rule 56 must specifically include separate proposed findings of fact and conclusions of law. G. Most discovery disputes, especially those dealing with: (1) scheduling; (2) the number, length, or form of oral or written questions; (3) the responsiveness of answers to oral or written questions; and (4) the mechanics of document production, including protective orders and the proper method of raising claims of privilege, should be resolved by counsel without the intervention of the Court. Any party wishing to make a discovery motion should arrange for an informal conference with the Court before submission of any motion papers. No written discovery motions shall be filed without the prior approval of the Court. A party with a discovery dispute must first confer with the opposing party in a good faith effort to resolve by agreement the issues in dispute. If that good faith effort is unsuccessful, the moving party shall then contact Chambers by telephone to request an informal telephone conference with the Court. This request carries with it a professional representation by the lawyer that the duty to meet and confer has been satisfied and that a good faith effort to resolve the dispute without Court intervention has been made. If the Court requests, the parties shall supply the Court with the particular discovery materials (such as objectionable answers to interrogatories) that are needed to understand the dispute. To the extent possible, the Court will dispose of discovery disputes at the informal conference. If the Court’s informal attempts to resolve discovery disputes are unsuccessful, the Court may determine that a written motion and further briefing are necessary. The issues to be addressed and a briefing schedule will be set during the informal conference, if possible. If the relief sought is against a non-party to the litigation, that relief may be sought by motion, including by way of example motions to quash third party subpoenas. H . Motions for extensions of discovery must be filed far enough in advance of the deadline to enable opposing counsel to respond before the deadline. 9 I. J . Excessive filing of a large number of motions or filing voluminous paperwork may be considered by the Court as having been done for the purposes of delay or harassment and may result in sanctions. IN CRIMINAL CASES, the Court generally adheres to Rule 47.1 of the Local Criminal Rules for the District of Wyoming. Motion filing deadlines are, in most cases, set out in the Order entered following a defendant’s arraignment. This deadline will not be extended without further order of the Court. Where a motion has been filed in a criminal case, responses in opposition must be filed within 10 days after the motion has been filed and served. Failure to file a timely response in opposition to the motion may be deemed by the Court in its discretion to be a confession of the motion. In criminal cases, reply briefs shall be filed within 5 days after service of the response brief and should be filed at least 5 days prior to the date set for hearing on the motion. The Court’s objective in establishing these deadlines is to avoid eleventh hour submissions prior to a scheduled hearing which cannot be properly considered or thoroughly reviewed by the Court and opposing counsel prior to the hearing. 7. Briefs/Memoranda of Law A. B. C. The Court requires concise, pertinent, and well-organized briefs and memoranda of law. Each non-dispositive motion, and memorandum or brief, as well as briefs in opposition to non-dispositive motions filed in this Court shall be limited to 10 pages. Motions seeking permission to file briefs containing more than 10 pages will be granted only when complex or numerous legal issues justify such relief and counsel shall state how many pages the brief will contain. Absent leave of court, dispositive motions and briefs or memoranda of law, and briefs in opposition, shall be limited to a maximum of 25 pages. Motions seeking permission to file briefs containing more than 25 pages will be granted only when complex or numerous legal issues justify such relief and must also state how many pages the over-length brief will contain. It is always preferable that requests to file over-length briefs be made before the due date rather than on the date that the submission is due. 10 D. The parties shall not file reply briefs for any matter that has been set for hearing, unless otherwise allowed by the Court. If counsel anticipates the need for a hearing, a request for hearing should be filed as soon as possible. Where reply briefs are permitted, they must be filed within 7 days after service of the response brief in a civil case and within 5 days after service of the response brief in a criminal case. Reply briefs in all cases should be limited to no more than 10 pages. E. All briefs and memoranda must contain: (1) (2) (3) (4) (5) A short statement of the nature and stage of the proceeding; A statement of the issues to be ruled upon by the court, and a short statement, supported by authority of the standard of review for each issue; A short summary of the arguments under appropriate headings succinctly setting forth separate points; A short conclusion stating the precise relief sought; Proposed orders or findings of fact and conclusions of law, as appropriate. F. All briefs containing more than 15 pages of argument must contain, in addition to the foregoing, the following items: (6) (7) A table of contents setting forth the page number of each section, including all headings designated in the body of the brief or memorandum; A table of citations of cases, statutes, rules, textbooks and other authorities, alphabetically arranged. G . H . All exhibits (contracts, leases, affidavits, etc.) referred to in briefs must be attached to the brief. Any brief, memorandum, or motion that cites authorities not found in the United States Code, United States Supreme Court Reporter, Federal Reporter, Federal Supplement, Pacific Reporter, or Wyoming Statutes should append copies of the relevant authorities and complete copies of cases. Unpublished opinions should also be included. 11 I. J. K. Copies of any affidavits, deposition testimony excerpts, or other discovery documentation referred to in the briefs should also be appended. Citations to deposition or affidavit testimony must include the appropriate page or paragraph numbers. Citations to other materials with three or more pages must include some sort of pinpoint identification (section number, page number, Bates stamp number, etc.). Each appendix should contain a paginated table of contents and may be tabbed to locate easily the materials contained in the appendix. All documents filed containing more than 20 pages are required to be sent to Chambers the day of filing. Any document over 50 pages should be hole punched and bound and tabbed in a binder type notebook. Double sided printing for courtesy copies is recommended. If a motion hearing is scheduled and a pleading is filed within 5 days of the scheduled hearing, counsel shall deliver a courtesy copy to chambers. 8. Initial Pretrial Conferences and Scheduling Orders A. Refer to Fed. R. Civ. P. 16, 26 and 26(f); Local Rules 16.1 and 26.1. Prior to the date set by the Court for an Initial Pretrial Conference before the Court, the parties must file a “Joint Report of Meeting and Proposed Joint Discovery/Case Management Plan” in the form provided (Appendix A to these Court Procedures) at least 7 days before the date scheduled for the Initial Pretrial Conference. At the Initial Pretrial Conference, the parties shall be prepared to discuss deadlines and shall be able to commit to settings for trial. Following the Initial Pretrial Conference, the Court will enter its separate Initial Pretrial Conference Order, which will govern all deadlines and settings and will control the subsequent course of the case. This Order shall not be modified except by Order of the Court for good cause. If new parties are joined subsequent to entry of the Order, the party causing such joinder shall provide copies of all orders previously entered in the case, along with the Initial Pretrial Conference Order and the Court’s Procedures manual to all new parties. 9. Required Pretrial Materials A. Joint Final Pretrial Memorandum 12 The parties shall file a Joint Final Pretrial Memorandum, which shall address each of the items identified in the form provided in Appendix C, included in this Court’s Procedures. During their preparation of this Joint Final Pretrial Memorandum, the parties should have considered all applicable items identified in Appendix A of the Local Rules for the United States District Court for the District of Wyoming, entitled “Pretrial Notice and Check List.” The Joint Final Pretrial Memorandum shall be filed no later than 30 days before the Final Pretrial Conference. B. Exchange of Exhibits The parties shall exchange exhibits prior to the date of the Final Pretrial Conference. See Appendix C and D included with this Court’s Procedures for further information regarding exhibits. Counsel for the plaintiff is responsible for ensuring that the Joint Final Pretrial Memorandum is filed on time. The defendant is responsible for supplying the plaintiff with a final version of the Joint Final Pretrial Memorandum at least 3 business days before the Joint Final Pretrial Memorandum is due. The Joint Final Pretrial Memorandum must be signed by all counsel. If the plaintiff fails to file the Joint Final Pretrial Memorandum, then the defendant is responsible for filing the defendant’s portions of the Joint Final Pretrial Memorandum. Failure to timely file a Joint Final Pretrial Memorandum may subject counsel and his or her client to sanctions, including dismissal for want of prosecution and/or other appropriate consequence, as determined by the Court. CC. Motions in Limine shall be filed contemporaneously with the Joint Final Pretrial Memorandum. 10. Final Pretrial Conference A. The Court will enter an Order on Final Pretrial Conference following conclusion of the Final Pretrial Conference, generally in the form set out in Appendix D of these Court Procedures. After that Order has been signed by the Court, it will control the course of the trial and may not be amended except by consent of the parties and the Court, or by Order of the Court to prevent manifest injustice. Pleadings will be deemed merged therein. In the event of any ambiguity in any provision of the Order 13 on Final Pretrial Conference, reference may be made to the record of the conference to the extent reported by stenographic notes, and to the pleadings. B. Required Documents for Trial and Evidentiary Hearings • • • • Exhibit Lists. Copies of any exhibits not previously produced shall be made available no later than the date that the Joint Final Pretrial Memorandum is filed. Witness Lists for all witnesses. Designations of deposition excerpts for witnesses being called by deposition. A copy of each deposition excerpt must be provided to the Court. Objections, if any, to an opponent’s exhibits must be filed at least 7 business days before trial with copies of the disputed exhibit and authority. Any party requiring authentication of an exhibit must notify the offering party in writing within 7 business days after the exhibit is made available to opposing counsel. Failure to object is an admission of authenticity. For all trials, the parties shall file motions in limine contemporaneously with the Joint Final Pretrial Memorandum. Proposed Jury Instructions, verdict forms, and suggested voir dire questions shall be filed 7 business days before the commencement of trial. Parties need not file stock instructions. However, if the parties desire instructions that differ from the stock instructions, they should offer them with their proposed substantive instructions. Requests for instructions are to include one set with authority and one additional set ready for submission to the jury; no signature block on the bottom of each instruction is necessary. Proposed Jury Instructions, Special Verdict forms and proposed voir dire shall be submitted in writing and filed, as usual, and also sent as an attachment via email directly to Judge Johnson’s Chambers, [email protected], formatted for Wordperfect or Word. For non-jury trials, the parties may submit proposed Findings of Fact and Conclusions of Law 30 calendar days after the trial transcript has been made available. Counsel are strongly encouraged to include specific references to testimony and exhibits which support each proposed Finding of Fact. Conclusions of Law should contain citations of legal authority supporting the conclusions. Proposed Findings of Fact and Conclusions of Law should, at a minimum, address the following: (1) the prima facie elements of each cause of action and defense C. D. E. 14 asserted, (2) legal definitions, (3) components of damages, and (4) methods of calculation of damages. 11. Trial Settings; Plea Agreements A. B. C . Trial dates are set in this Court’s Order on Initial Pretrial Conference and pretrial scheduling order. Some settings may be stacked settings. Chambers personnel, the Courtroom Deputy, and personnel in the Clerk of Court’s office cannot definitively ascertain when a case will be reached. Any predictions that counsel may be given are at best “educated guesses” and are not binding on the Court. Occasionally, the Court may reschedule a trial date within the first few days after it has been set initially, if counsel become aware of scheduling difficulties among themselves, their clients, or witnesses. If no such communication is promptly received by the Court, continuances of trial dates are disfavored. Final Pretrial Conferences will usually be held approximately 4 weeks prior to the scheduled trial date and a separate Order on Final Pretrial Conference will be entered thereafter. IN CRIMINAL CASES, counsel must notify the Court of any plea agreement that will obviate the need for trial at least 5 days prior to trial. Lack of diligence in securing a timely plea agreement may result in the imposition of costs. 12. Exhibits A. B. All exhibits must be marked and exchanged among counsel before trial, and preferably before the Final Pretrial Conference. The offering party must mark his or her own exhibits with the party’s name, case number, and exhibit number or letter. Plaintiffs should mark exhibits with numerals; defendants shall mark exhibits with letters. The parties are also requested to confer after exchanging exhibits to determine whether they have included duplicate exhibits. The Court has a preference that duplicate exhibits not be admitted for the plaintiff and the defendant. At the Final Pretrial Conference, parties may also want to discuss the possibility of using joint exhibits or other proposals for avoiding duplication of exhibits. 15 C. D. E. F. G. Counsel for each party shall provide the Court with two copies of that party’s exhibits in a properly tabbed and indexed notebook. One copy will be placed on or near the witness stand to be readily available for witnesses testifying during trial. At the Final Pretrial Conference, as an alternative, the parties may wish to discuss use of electronic exhibits during trial. If electronic exhibits are used during trial, two identical DVDs or thumb drives (for example) containing a party’s exhibits should be provided, one for the Court and another for the Court Reporter. Counsel may not pass exhibits to the jury during trial without obtaining permission in advance from the Court and first showing the exhibit to opposing counsel. All admitted exhibits will go to the jury during its deliberations. Counsel should also become familiar with Local Rule 79.2 and Local Criminal Rule 61.4 regarding disposition of exhibits during and following trial. Counsel should also feel free to raise any questions or issues regarding exhibits at the Final Pretrial Conference. 13. Equipment A. B. There is some equipment available in the courtroom, including projection, ELMO, sound and video equipment, and easels with writing pads. Counsel are invited to use that equipment during trial. Training and familiarization sessions should be set up before trial by contacting the Courtroom Deputy to make acceptable arrangements for such a session. Counsel may also use their own equipment, but arrangements should be made with the Courtroom Deputy for doing so before trial. The Official Court Reporter is capable of providing Real Time Transcription. However, parties requesting Real Time Transcription must contact the Court Reporter at least three weeks prior to trial to make acceptable arrangements. The Official Court Reporter’s contact information may be obtained by contacting Chambers. 16 14. Courtroom Procedures A. B. C. D. E. F. G. H. I. The Court’s hours during trial will vary depending upon the type of case and the needs of parties, counsel, witnesses, and the Court. Court will usually convene at 9:30 a.m. and adjourn near 5:00 p.m., with a mid-day lunch recess. Court hours may also vary during trial due to other civil and criminal matters that must be heard during that time. Hours are subject to change. Counsel needing access to the courtroom to set up equipment or exhibits outside of normal business hours must arrange in advance with the Courtroom Deputy to have the courtroom open. Telephone messages for counsel generally will not be taken by the judge’s staff and counsel shall generally refrain from requesting use of telephones in chambers. Counsel should be familiar with Local Rule 83.4.1 and are also advised to review the Wyoming Federal District Court General Order Regarding Wireless Communication Devices, Administrative General Order 2011-04, available online at http://www.wyd.uscourts.gov/pdfforms/generalorder.pdf#2011-04. Handing documents to the Courtroom Deputy does not constitute the filing of documents. All original documents must be filed in the Clerk of Court’s office or filed electronically. Two copies of documents filed immediately before and during trial should be submitted to the Courtroom Deputy. Counsel and parties must comply with Local Rule 43.3 and Local Criminal Rule 53.1 regarding courtroom behavior and decorum. Counsel should enter and leave the courtroom only by the front doors and not through the Court’s entrance or the side entrances. No food or beverages other than water are allowed in the Courtroom, unless otherwise specifically permitted by the Court. Seating for counsel and their clients is indicated by signs provided by the Court identifying each counsel table as either “Plaintiff” or “Defendant.” Counsel should also adhere to the requirements of Local Rule 43.2 regarding exclusion of witnesses. Counsel are responsible for monitoring their witnesses at all 17 times to ensure a witness is not present in the Courtroom at any time that the witness is subject to exclusion. Counsel are responsible for summoning witnesses into the courtroom and instructing them on proper courtroom decorum. Counsel should bear in mind the Court’s general hours and arrange for witnesses accordingly. The Court encourages discussions between counsel to make cooperative arrangements for appearance of witnesses out of order or as may be necessary to facilitate a witness’s appearance at trial. Counsel must stand at the podium during opening statements and closing arguments and during questioning of witnesses. At all times during trial, counsel should take care to speak clearly into the microphones to ensure an accurate record of the proceedings. Counsel must make every effort to elicit from the witnesses only information relevant to the issues in the case and to avoid cumulative testimony. J. K. L. M. While the jury is deliberating, counsel shall be available within 15 minutes for jury notes or a verdict, unless otherwise ordered by the Court. Counsel should provide a telephone number to the Courtroom Deputy so counsel may be advised that their presence in Court is immediately required. 15. Voir Dire The Court will conduct a preliminary examination of the jury panel, following any necessary qualification of the jury panel. Generally, the Court will permit approximately 15 minutes to counsel on each side to examine the jury panel following the Court’s examination. The amount of time allowed may vary depending on the case. Proposed voir dire questions must be submitted to the Court prior to the trial, as set forth in the pertinent pretrial scheduling orders. 16. Depositions A. The Court will accept the parties’ agreement to use a deposition at trial even though the witness is available. Otherwise, counsel should follow Fed. R. Civ. P. 32. B. Before trial, counsel must provide the Courtroom Deputy with a copy of any 18 deposition to be used at trial. C. D. E. Counsel must designate the portion of any deposition to be read by citing the pages and lines in the Joint Final Pretrial Memorandum. Objections to those portions (citing pages and lines) with supporting authority must be filed at least 7 business days before trial or as otherwise provided in any pretrial scheduling order. Use of videotaped depositions may be permitted, if edited to resolve all objections and incorporate the Court’s rulings on objections. In a non-jury trial, counsel shall offer the entire deposition as a trial exhibit and are requested to attach to the front of the deposition exhibit a summary of what each party intends to prove by such testimony. If specific portions of the deposition are to be offered, counsel shall highlight or attach to the front of the deposition exhibit a list of those portions, citing line and page numbers. 17. Settlements and Orders of Dismissal. A. B. C. D. Counsel shall immediately notify the Court’s Judicial Assistant or other Chambers Staff at (307) 433-2170 of a settlement of any matter set for conference, hearing or trial. If a motion (other than a motion seeking dismissal following settlement) has been resolved upon agreement of the parties, the Court will then deny the motion as moot. Announcement of a settlement must be followed by closing papers or pleadings necessary to terminate the action within 30 days, unless otherwise provided by the Court because the settlement cannot be completed within the allotted time or other good reason. Where failure to perfect a settlement has not been accomplished in a timely manner, the Court may order the action restored to the Court’s active docket and set the case for trial. Any defendant upon whom service has not been perfected within 120 days after the complaint is filed will be dismissed for want of prosecution in accordance with Fed. R. Civ. P. 4(m). The parties and counsel should also be familiar with Local Rule 41.1, providing for dismissal for lack of prosecution in a languishing case. Where no action has been 19 taken in any case by a party for 3 months or the case has not come to issue by that time, the Clerk of Court will be directed to notify counsel of record or the parties whose addresses are known, and all pro se litigants, by certified mail return receipt requested, that the case shall be dismissed for lack of prosecution 30 days from the date of that notice. If no action is taken within that 30 day period after notice has been given, the Court may in its discretion enter the order of dismissal without further notice or hearing. The Order shall be mailed to all counsel of record or to the parties. 20

=== RULE 26(f) - CONFERENCE CHECKLIST FOR JUDGE J ===

RULE 26(f) CONFERENCE CHECKLIST FOR THE HONORABLE ALAN B. JOHNSON Counsel shall be fully prepared to discuss in detail all aspects of discovery during the mandatory Rule 26(f) Conference. The subject matters to be discussed during the Rule 26(f) Conference shall include, but are not limited to, the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Jurisdiction; Limited Liability Company (LLC) parties – members and their citizenship; Venue; Service of process; Consent to Magistrate Judge pursuant to Local Rule 73.1; Amendments to pleadings; Anticipated addition of parties; Factual and legal contentions that each party believes are material to the case; Initial disclosures (self-executing routine discovery) pursuant to Local Rule 26.1; A proposed plan and schedule for discovery, including dates for completion of fact discovery; The names of all known witnesses to be called to testify at trial. Additional witnesses and summaries of testimony shall be promptly supplemented as ascertained; 12. Electronically stored data and information pursuant to Local Rule 26.1; 13. Formal written discovery – interrogatories, requests for production, requests for admission; 14. Identity and number of potential fact depositions; 15. Identity and number of potential trial depositions; Rule 26(f) Conference Checklist 1 August 2021 16. 17. Location of depositions, deposition schedules, deposition costs, utilization of depositions by electronic or other remote means; Identify the number and types of expert witnesses to be called to present testimony during trial (including the identity of treating physicians) (See Local Rule 26.1); 18. Need for any claw back agreement or Order under Fed. R. Evid. 502; 19. Discovery issues and potential disputes; 20. Protective orders; 21. Potential dispositive motions; 22. Proposed trial date; 23. Length of trial; 24. Settlement possibilities and a settlement discussion schedule. Rule 26(f) Conference Checklist 2 August 2021

=== Joint Report of Meeting and Proposed Joint Discovery and Case Management Plan ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING [Plaintiff(s)], Plaintiff(s), vs. [Defendant(s)], Defendant(s). Case No. JOINT REPORT OF MEETING and PROPOSED JOINT DISCOVERY AND CASE MANAGEMENT PLAN Under Rule 26(f) of the Federal Rules of Civil Procedure (Please restate the instruction in bold before furnishing the responsive information.) (The parties’ proposed plan is subject to revision and modification by the Court at the Initial Pretrial Conference.) State where and when the conference among the parties required by Rule 26(f) of the Federal Rules of Civil Procedure was held, and identify the counsel for each party or any unrepresented pro se individual who attended. The name of the participant, address, bar number (where applicable), telephone and fax numbers, and email addresses must be provided. List the cases related to this one that are pending in any state or federal court with the case number and court, and state how they are related. Briefly describe what this case is about. 1 1. 2. 3. 4. Specify the allegations providing the basis for federal jurisdiction. 5. 6. 7. 8. 9. Name the parties who disagree with the plaintiff’s jurisdictional allegations and state their reasons for disagreement. Discuss whether or not the case is complex. If the parties believe that the case is complex, explain why and be prepared to address this issue, including scheduling and case management considerations in particular, during the Initial Pretrial Conference. List anticipated additional parties that should be included, when they can be added, and by whom they are wanted. List anticipated interventions. Describe class-action issues, if any. 10. State whether each party represents that it has made the initial disclosures required by Rule 26(a). If not, describe specifically the arrangements that have been made to complete the disclosures. 11. Describe the proposed agreed discovery plan, including: a. b. c. d. e. f. Responses to all the matters raised in Rule 26(f). When and to whom the plaintiff anticipates it may send interrogatories. When and to whom the defendant anticipates it may send interrogatories. Of whom and by when the plaintiff anticipates taking oral depositions. Of whom and by when the defendant anticipates taking oral depositions. (i) Specify the date experts for plaintiff (or party with the burden of proof on an issue) will be designated and 2 their reports provided to the opposing party. (ii) Specify the date experts for defendant will be designated and their reports provided to the opposing party. List expert depositions the plaintiff (or the party with the burden of proof on an issue) anticipates taking and their anticipated completion dates. See Rule 26(a)(2)(B) (expert report). List expert depositions the defendant (or opposing party) anticipates taking and their anticipated completion dates. See Rule 26(a)(2)(B) (expert report). Indicate whether the parties have conferred with their clients regarding obligations concerning electronically stored information. Also identify limitations on discovery of electronically stored information, as contemplated by Federal Rule of Civil Procedure 26(b)(2)(B) and the Local Rules of this Court. Discuss the scope and limits of planned discovery. Identify how the parties will ensure that anticipated discovery will be proportional to the needs of the case, and address each of those considerations set forth in Rule 26(b) regarding the scope of discovery in general. g. h. i. j. 12. 13. 14. 15. If the parties have not agreed on a part of the discovery plan, describe the separate views and proposals of each party. Specify the discovery beyond initial disclosures that has been undertaken to date. State the date the parties believe planned discovery can reasonably be completed. Describe the possibilities for a prompt settlement or resolution of the case that were discussed during your Rule 26(f) meeting. 16. Describe what each party has done or agreed to do to bring about a prompt resolution. 3 17. 18. 19. 20. 21. 22. From the attorneys’ discussions with the client(s), state the alternative dispute resolution techniques that may be reasonably suitable. State whether a jury demand has been made and if it was made on time. Specify the number of hours it is expected that it will take to present the evidence in this case. List pending motions that could be ruled on at the Initial Pretrial Conference. List other pending motions, if any. Indicate other matters peculiar or unique to this case, including discovery, that deserve the special attention of the Court at the Initial Pretrial Conference. 23. Indicate whether the parties anticipate any amendments to the pleadings. 24. List the names, bar numbers, addresses, email addresses, and telephone numbers for all counsel. List the names, addresses, email addresses and telephone numbers for all parties and unrepresented pro se litigants. ____________________________ Counsel for Plaintiff(s) _________________________ Date ____________________________ Counsel for Defendant(s) _________________________ Date ____________________________ Counsel for Third Party _________________________ Date 4 ____________________________ _________________________ Date ____________________________ _________________________ Date 5

=== Memorandum and Order Regarding Discovery Motions and Dispositive Motions, including Motions for Summary Judgment and Analogous Motions to Dismiss in Civil Cases ===

APPENDIX B TO COURT PROCEDURES OF JUDGE ALAN B. JOHNSON IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING [Plaintiff(s)], Plaintiff(s), vs. [Defendant(s)], Defendant(s). Case No. MEMORANDUM AND ORDER REGARDING DISCOVERY MOTIONS AND DISPOSITIVE MOTIONS, INCLUDING MOTIONS FOR SUMMARY JUDGMENT AND ANALOGOUS MOTIONS TO DISMISS IN CIVIL CASES This Memorandum and Order addresses motions for discovery and dispositive motions, including motions for summary judgment under Federal Rule of Civil Procedure 56, and motions to dismiss under Rule 12(b)(6) that ask this Court to consider matters outside the pleadings. Hereafter, the following procedure and rules shall obtain in all cases assigned to the Honorable Alan B. Johnson and shall govern the conduct of counsel, parties, and unrepresented parties appearing pro se in this matter. 1 In view of the substantial waste of resources, public and private, that results from plainly improper motions of these types, the parties shall: (1) strictly adhere to this Court’s Local Rule 7.1 relating to non-dispositive motions and Local Rule 26.1, relating to discovery disputes; (b) not designate a motion as one to dismiss an action under Rule 12(b)(6) when it is in essence a motion for summary judgment; and (c) not file a summary judgment which must be denied after consideration because some material factual assertion is in dispute. I. DISCOVERY Most discovery disputes, especially those dealing with (1) scheduling or calendaring issues; (2) the number, length, or form of oral or written questions; (3) the responsiveness of answers to oral or written questions; and (4) the mechanics of document production, including protective orders and the proper method of raising claims of privilege, should be resolved by counsel without court intervention. Therefore, the parties must strictly comply with Local Rule 7.1(b)(1)(A) and must confer orally in person or by telephone regarding all discovery disputes. The Court will not permit the filing of any written discovery motions without the Court’s prior approval. In the event that the parties are unable to resolve a discovery dispute without court intervention prior to filing any written discovery motion, the Court will attempt to resolve disputes as far as possible in an informal manner. If the Court determines that a dispute requires a formal motion and briefing, the parties will be so advised and deadlines for compliance will be established. No written motion on discovery disputes 2 will be considered unless this process has been strictly followed. II. FED. R. CIV. P. 12(b)(6) MOTIONS TO DISMISS Federal Rule of Civil Procedure 12(b) authorizes the Court to treat a motion to dismiss an action for failure to state a claim upon which relief can be granted as a motion for summary judgment under Rule 56 if matters outside the pleadings are presented. In order to assure fair procedure, however, this Court does not treat a Rule 12(b)(6) motion to dismiss as a motion for summary judgment unless the non-moving party has received reasonable notice that a response of the type required by Rule 56 must be filed. In the rare instances where this Court treats a Rule 12(b)(6) motion to dismiss as one for summary judgment, it does so only to proceed promptly to a disposition and to avoid needless filings by counsel and the parties. The Court intends never to allow any party to gain an advantage by filing a Rule 12(b)(6) motion that refers to matters outside the pleadings (whether by attaching affidavits or through some other mechanism) in the hope that it will be treated as a motion for summary judgment. For these reasons and as a practical matter, the Court may simply deny a Rule 12(b)(6) motion to dismiss when the motion relies on facts and matters asserted outside the pleadings. By referring to matters outside the pleadings, the moving party impliedly represents that the Court should consider such material. Accepting that representation as correct, the Court will deny the 3 motion unless summary judgment is appropriate. Unquestionably, summary judgment is not appropriate before the opposing party has had a reasonable opportunity to file a response that demonstrates a dispute of material fact. Of course, a denial of such a Rule 12(b)(6) motion to dismiss will not bar the moving party from later contending that neither the pleading of the claim nor the evidence on record asserts a claim upon which relief can be granted. Such a contention goes to the legal merits of the claim and may be asserted at any time before judgment is entered as a motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c) or as a motion for summary judgment under Rule 56. Counsel and the parties must comply with all discovery deadlines and dispositive motion filing deadlines that are established by this Court in any order governing scheduling and case management of the case. III. DISPOSITIVE MOTIONS FOR SUMMARY JUDGMENT AND CERTAIN RULE 12(b)(6) DISPOSITIVE MOTIONS To the Court’s concern, parties frequently file motions for summary judgment (or Rule 12(b)(6) motions to dismiss which depend on factual assertions not contained in the pleadings) before they are able to effectively demonstrate that the essential facts are undisputed. Perhaps this is explained by some fear that either the Court or opposing counsel may assert that the moving party has waived its opportunity to present such a motion. Such a fear is unwarranted. Rule 56 clearly 4 states that motions for summary judgment may be filed at a later time without danger of waiver, so long as the motion is filed in accordance with the deadlines established by this Court in any order establishing schedules and case management guidelines for the case. If counsel for the moving party knows that even one of the facts essential to a motion for summary judgment is in dispute, then the motion cannot properly be filed. As stated in Rule 11, counsel’s signature on a motion certifies that, to the best of your “knowledge, information, and belief formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose[.]” If counsel knows that some essential and material fact in the case is in dispute, such certification is not proper even if counsel believes that the evidence is heavily weighted toward a favorable finding. Bear this in mind: In deciding a motion for summary judgment, the Court cannot properly make findings on disputed issues of fact. It cannot weigh evidence. If evidence must be weighed, then it must be weighed at trial and the motion for summary judgment must be, and should be, denied. In addition, a motion for summary judgment cannot be granted when, given the state of discovery, it is not yet possible to ascertain whether essential assertions of fact made by the moving party will be in genuine dispute. In such circumstance, a motion requesting summary judgment is premature. It is a misuse of the time and resources of counsel, the parties, and the Court for a party 5 to file a motion for summary judgment before filing requests for admissions or employing other discovery devices designed to reveal whether the factual assertions upon which a summary judgment motion is based are in dispute. A motion under Rule 56 is timely filed when the pleadings clearly present no genuine issues of material fact. In cases pending before this Court, parties are urged to defer filing motions for summary judgment before discovery is complete or where there is any doubt that some fact upon which the motion is premised will be disputed. However, this does not excuse any party from complying with all discovery deadlines and dispositive motion filing deadlines established by this Court in any order governing scheduling and case management of the case, unless otherwise ordered by the Court. These comments are not intended to discourage the filing of a motion for summary judgment before expenses are incurred in extended discovery if the motion is grounded on a legal theory under which the many factual controversies in the case are irrelevant. If counsel or a party files such a motion, however, it is improper under Rule 11 to add to the motion other grounds regarding facts which are in dispute. A subsequent motion for summary judgment may be filed on such additional grounds if it becomes apparent after full discovery that the essential facts on which the additional motion is based are indeed not in dispute. Once again, this does not excuse any party from complying with all discovery deadlines and dispositive motion filing deadlines established by this Court in any order governing scheduling and case management of the case, unless otherwise ordered 6 by the Court. Motions for summary judgment should present only legal questions. In deciding such motions, the Court rules on questions of law and does not weigh evidence. See Anderson v. Liberty Lobby Inc., 106 S.Ct. 2505 (1986); Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 106 S.Ct. 1348 (1986). IV. REQUIREMENTS FOR SUBMISSIONS The Court further requests assistance in the resolution of motions for summary judgment in the following manner. Each motion for summary judgment shall include a statement of the material facts of record as to which the moving party contends there is no genuine issue of material fact for trial, complete with page and pinpoint references to affidavits, depositions and other documentation, if any are included or attached. Failure to include such a statement may constitute grounds for denial of the motion. The party opposing the motion for summary judgment shall include a concise statement of the material facts of record as to which it contends that there exists a genuine issue for trial, complete with page and pinpoint references to affidavits, depositions and other documentation. Copies of all referenced documentation shall be filed as exhibits to the motion or opposition. In the event that such referenced documentation is voluminous, the parties are requested to supply 7 a hard copy of same to the Court contemporaneously with the filing of the motion or opposition. Material facts set forth in the statement served by the moving party will be deemed undisputed for purposes of the motion unless the statement served by the opposing party asserts facts to the contrary. Counsel for a moving party are advised that the required statement shall be a “concise statement of the material facts.” Fed. R. Civ. P. 56 (emphasis added). It should be limited to facts that are undisputed and essential to judgment on each and every legal theory advanced. The moving party should also bear in mind that the longer a fact statement is, the more likely it is that an opponent will find some fact worthy of dispute. If an opponent disputes any part of a statement of facts, the moving party must establish that the opponent has no evidence (not merely less weighty evidence) to support the assertion that the questioned fact is one in genuine dispute. A genuine dispute on one essential fact defeats a motion for summary judgment. Counsel and pro se parties must strictly comply with these requirements. Motions that do not comply with these requirements are subject to being stricken or denied without further notice or hearing. V. WITHDRAWAL OF MOTIONS Finally, if counsel files a motion for summary judgment and at any time thereafter is not prepared to certify that no genuine dispute exists as to any of the facts on which the relevant legal 8 theory is based, counsel has a professional obligation to this Court to notify the Court and opposing counsel of that fact. The motion will be treated as withdrawn without prejudice to renewal if, at a later time, counsel is able to certify that it appears that no genuine dispute exists as to any of the facts on which the relevant legal theory is based. Again, counsel are reminded that this will not excuse compliance with all discovery deadlines and dispositive motion filing deadlines that are established by this Court in any order governing scheduling and case management of the case, unless otherwise ordered by the Court. Dated this _____ day of ______________________ 20__. ________________________________ ALAN B. JOHNSON UNITED STATES DISTRICT JUDGE 9

=== Joint Final Pretrial Memorandum ===

APPENDIX C TO COURT PROCEDURES FOR HONORABLE ALAN B. JOHNSON IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING _____________________ Plaintiff(s), vs. _____________________ Defendant(s). No. _____-CV-_____-J JOINT FINAL PRETRIAL MEMORANDUM Counsel for the parties in the above captioned matter hereby jointly submit this Joint Final Pretrial Memorandum. (a) Jurisdiction and Parties. Briefly set out why the court has full and complete jurisdiction of the subject matter and the parties. If there is an unresolved jurisdictional question, state the problem. (b) General Nature of the Claims and Contentions of the Parties. State concisely in separate paragraphs what each party claims. (c) Uncontroverted Facts. 1 List all facts which have been stipulated and admitted and require no proof. (d) Contested Issues of Fact. List all factual issues in controversy necessary to the final disposition of the case. (e) Contested Issues of Law. State briefly the issues of law in dispute. A memorandum of law may be filed which addresses these issues, if appropriate. (f) Agreed Applicable Propositions of Law. Delineate legal propositions not in dispute. (g) Exhibits. Each counsel must attach to this Joint Final Pretrial Memorandum a list of all exhibits to be offered and must provide copies of all such exhibits to opposing counsel. This rule applies to rebuttal exhibits except in the limited circumstances when the exhibits cannot be anticipated. Exhibits must be listed and marked in accordance with Local Rule 16.2(b)(3). Any counsel requiring authentication of an exhibit must so notify in writing the offering counsel within seven (7) business days after the exhibit is made available to opposing counsel for examination. Failure to do so is an admission of authenticity. Exhibits listed in the Joint Final Pretrial Memorandum may be admitted into evidence unless opposing counsel has filed timely separate written objections, with copies of the disputed exhibit and authority. 2 (h) Depositions. List any matters and issues to be considered relating to depositions. The Court also notes here that any party proposing to offer all or any portion of a deposition shall notify opposing counsel at least ten (10) business days before trial of the offers to be made (unless the necessity for using the deposition develops unavoidably thereafter). If objection is to be made, or if additional portions of a deposition are to be requested, opposing counsel will notify offering counsel at least seven (7) business days before trial of such objections or requests. (i) Discovery. State whether discovery has been completed or identify any outstanding issues regarding discovery that must be addressed by the Court. (j) Witnesses. Each party shall list and attach to the Joint Final Pretrial Memorandum the names and addresses of witnesses, indicating whether the witness will or may be called, and shall also include a brief statement of the subject matter and substance of the testimony of the listed witness. The parties must state whether the witness is or is not available for trial. (k) Amendments to Pleadings. State whether there are requests to amend pleadings and describe the nature of the requested amendment. (l) Motions in Limine. 3 State whether any party will file or has filed a motion in limine. All motions in limine must be filed on or before the date the Joint Final Pretrial Memorandum is due. (m) Pending Motions. List any other outstanding pending motions. (n) Jury Instructions. The parties shall also submit their respective requests for instructions, proposed verdict forms and proposed voir dire questions seven (7) business days prior to the commencement of trial, subject to the right of counsel to supplement such requests during the course of trial on matters that cannot be reasonably anticipated. Each party is to submit a separate concise statement of their contentions no longer than one and one-half pages in length. Requests for instructions are to include one set with authority and one additional set ready for submission to the jury; no signature block on the bottom of each instruction is necessary. Proposed Jury Instructions, Special Verdict forms and proposed voir dire shall be submitted in writing and filed, as usual, and also sent as an attachment via email directly to Judge Johnson’s Chambers, [email protected], formatted for Wordperfect or Word. (o) Other Matters. List any other matters that the parties believe should be considered by the Court and discussed during the Final Pretrial Conference. 4 (p) Trial Setting. Include in this paragraph the following: • • • Whether the trial will be jury or non-jury; The probable length of trial; Availability of witnesses, (q) Settlement. Include a statement addressing whether or not all settlement efforts have been exhausted and whether the case can reasonably be expected to settle. Dated this _____ day of _____________, 20_____. ______________________________ COUNSEL FOR PLAINTIFF ______________________________ COUNSEL FOR DEFENDANT ______________________________ COUNSEL FOR ______________________________ COUNSEL FOR 5

=== Order on Final Pretrial Conference ===

APPENDIX D TO COURT PROCEDURES FOR HONORABLE ALAN B. JOHNSON IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING Plaintiff(s), v. Defendant(s). No. -CV- -J ORDER ON FINAL PRETRIAL CONFERENCE This matter having come before the Court on _______________________, 20__, at final pretrial conference held before Alan B. Johnson, United States District Judge, pursuant to Fed. R. Civ. P. 16; and __________________________________, having appeared as counsel for plaintiff and ___________________________, having appeared as counsel for defendant and ____________________________, having appeared as counsel for _____________________________; the following action was taken: 1. JURISDICTION AND PARTIES: This is an action for ______________________. Jurisdiction of the Court is not disputed and is hereby determined to be present. Jurisdiction is deemed present pursuant to 28 U.S.C. § _________________________. There is no remaining question as to the propriety of the parties. (Or, if there is, state the nature of the dispute.) 1 2. GENERAL NATURE OF THE CLAIMS OF THE PARTIES: (a) Plaintiff claims (set out a brief and concise summary without detail). (b) Defendant claims (set out a brief and concise summary without detail). (c) All other parties claim (Same type of statement where third parties are involved). 3. UNCONTROVERTED FACTS: The following facts are established by admissions in the pleadings or by stipulation of counsel at the pretrial conference: (a) 4. CONTESTED ISSUES OF FACT: The contested issues of fact remaining for decision are as follows: (a) 5. CONTESTED ISSUES OF LAW: The contested issues of law in addition to those implicit in the foregoing issues of fact are as follows: (Or) There are no special issues of law reserved other than those implicit in the foregoing issues of fact. 6. EXHIBITS: There are identified and offered the following: (a) Plaintiff's exhibits: (b) Defendant's exhibits: [(c) Exhibits of other parties: (if involved, list)] (c) Counsel have provided their lists of exhibits and exhibits to opposing counsel. Rebuttal exhibits have also been listed and provided to opposing counsel, except those limited exhibits that cannot reasonably be anticipated prior to trial. (d) Any counsel requiring authentication of an exhibit must so notify in writing the 2 offering counsel within seven (7) business days after the exhibit is made available to opposing counsel for examination. Failure to do so is an admission of authenticity. (e) Objections to exhibits must be filed ten (10) business days before trial, with copies of the disputed exhibit and authority. Any other objections to admissibility of exhibits must, where possible, be made at least ten (10) business days before trial, and the Court notified of such objections. Where possible, admissibility will be ruled on before trial, and objections reserved for the record. (f) Counsel for each party shall provide the Court with two copies of that party’s exhibits in a properly tabbed and indexed notebook. One copy will be placed on or near the witness stand to be readily available for witnesses testifying during trial. (Or discuss other concerns and issues as to exhibit presentation and management.) (g) Counsel are also requested to contact the Court Reporter ten (10) days prior to trial 1 to provide appropriate witness and exhibit lists and make arrangements for any special reporting requirements that there may be for the trial of this matter. 7. DEPOSITIONS: Any party proposing to offer all or any portion of a deposition shall notify opposing counsel at least ten (10) business days before trial of the offers to be made (unless the necessity for using the deposition develops unavoidably thereafter). If objection is to be made, or if additional portions of a deposition are to be requested, opposing counsel will notify offering counsel at least seven (7) business days before trial of such objections or requests. 8. DISCOVERY: Discovery has been substantially completed. (Or) Discovery is to be 1 Judge Johnson’s Official Court Reporter is Julie Hedelson Thomas. She may be reached at (307) 778-0078 or by email at [email protected]. 3 completed by _____________________. (Or) Further discovery is limited to ______________________. (Or) The following provisions were made for discovery: (Specify) 9. WITNESSES: (a) The parties have all listed and attached to their Joint Final Pretrial Memorandum the names and addresses of witnesses, and have indicated whether the witness will or may be called. (b) In the absence of reasonable notice to opposing counsel to the contrary, plaintiff will call, or will have available at the trial: (List). Plaintiff may call: (List). (c) In the absence of reasonable notice to opposing counsel to the contrary, defendant will call, or will have available at the trial: (List). Defendant may call: (List). [(d) In the absence of reasonable notice to opposing counsel to the contrary, _____________________________ will call, or will have available at the trial: (List). _______________________ may call: (List) (Use of third parties, if any).] (d) The parties reserve the right to call any witness listed by the opposing party, and any witnesses required for rebuttal, to the extent that the need for rebuttal witnesses could not have been reasonably anticipated prior to trial. (e) At time of trial, each counsel will furnish to the Court four (4) copies of the list of names of all anticipated witnesses. 10. REQUESTS FOR INSTRUCTIONS: (If the case is to be tried to a jury, include the following. Otherwise omit.) Parties must submit their proposed jury instructions, verdict forms, voir dire questions and separate concise statements of their contentions seven (7) business days 4 prior to trial, subject to the right of counsel to supplement such requests during the course of trial on matters that cannot be reasonably anticipated. Requests for instructions are to include one set with authority and one additional set ready for submission to the jury; no signature block on the bottom of each instruction is necessary. Stock instructions need not be provided. However, if the parties desire instructions that differ from the stock instructions, they may provide them with their proposed substantive instructions. Proposed Jury Instructions, Special Verdict forms and proposed voir dire shall be submitted in writing and filed, as usual, and also sent as an attachment via email directly to Judge Johnson’s Chambers, [email protected], formatted for Wordperfect or Word. 11. AMENDMENTS TO PLEADINGS: There were no requests to amend pleadings. (Or) The following order was made with regard to amendments to the pleadings: (Set out). 12. OTHER MATTERS: The following additional matters to aid in the disposition of the action were determined: (Set out to the extent determined with reference to schedule for briefs, requests for questions on voir dire examination of jury, advance proposals for findings of fact; also trial schedule, further pretrial conferences, preliminary rulings on questions of law, exchange of medical reports, indexing or abstracting of exhibits, specification of objections, etc.). (a) Proposed voir dire questions shall be submitted with each parties' jury instructions. Each side will be given fifteen (15) minutes to conduct their own voir dire of the jury panel following voir dire by the Court. (b) Motions in limine have been submitted to the Court contemporaneously with the parties’ Joint Final Pretrial Memorandum. Motions may be considered and decided on the 5 parties’ written submissions or may be heard prior to the commencement of the trial, unless otherwise scheduled for hearing at an earlier time and date. (c) For all issues not triable to the jury in this case, the parties shall submit proposed Findings of Fact and Conclusions of Law to the Court thirty days after the transcript has been made available after the conclusion of the trial. (d) The parties may also submit trial briefs to the Court seven (7) business days before the commencement of trial. (e) Pending Motions: (List) (f) Other matters: (List) 13. MODIFICATIONS--INTERPRETATION: This final pretrial order has been formulated after conference at which counsel for the respective parties have appeared. Reasonable opportunity has been afforded counsel for corrections or additions prior to signing by the Court. Hereafter this order will control the course of the trial and may not be amended except by consent of the parties and the Court, or by order of the Court to prevent manifest injustice. The pleadings will be deemed merged herein. In the event of ambiguity in any provision of this order, reference may be made to the record of this conference to the extent reported by stenographic notes, and to the pleadings. 14. TRIAL SETTING: The case is set for trial with _____ [without _____] a jury on _____________________, 20__, at __.m., in _______________, Wyoming. Robing room motions will be heard at ___________ __.m. on the day of trial. 6 15. MEMORANDUM: Estimated length of trial is _____ days. Possibility of settlement of this case is considered _____good, _____fair, _____poor. DATED this day of _______________________ 20__. _____________________________ ALAN B. JOHNSON UNITED STATES DISTRICT JUDGE 7