Discovery Management Order; -ESI Checklist; Standard Civil Juror Questionnaire; Standard Civil Voir Dire

=== Discovery Management Order ===

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH ____________ DIVISION ________________, DISCOVERY MANAGEMENT ORDER Plaintiff[s], v. ________________, Defendant[s]. Case No. ________________ District Judge ________________ Magistrate Judge Daphne A. Oberg To secure the just, speedy, and inexpensive determination of this action, and in accordance with Rule 16 of the Federal Rules of Civil Procedure, the court issues the following discovery management order: Status Reports 1. No later than twenty-eight days before the close of fact discovery, the parties shall meet and confer and file a joint status report regarding any remaining fact discovery and stating whether the parties anticipate completing fact discovery within the deadline set by the scheduling order. 2. No later than twenty-eight days before the close of expert discovery, the parties shall meet and confer and file a joint status report regarding any remaining expert discovery and stating whether the parties anticipate completing expert discovery within the deadline set by the scheduling order. 1 Extensions of Discovery Deadlines 3. Any motion for extension of a discovery deadline should be filed well in advance of the deadline. 4. In ruling on motions for extensions of discovery deadlines, the court will consider whether the requested extensions will likely result in a trial more than three years after the case was filed. Extensions which would prolong the case beyond three years from filing are unlikely to be granted. Short Form Discovery Motions 5. The parties are expected to comply with Rule 37-1 of the Local Rules of Civil Practice, including but not limited to: a) the requirement to make reasonable efforts to resolve a discovery dispute through meeting and conferring before seeking court assistance, see DUCivR 37-1(a); b) the requirement that short form discovery motions must be filed no later than 45 days after the prompt written communication in section 37-1(a)(2) was sent to opposing counsel, unless the court grants an extension of time for good cause, see DUCivR 37-1(b)(2)(C); and c) the requirement to include as exhibits to the motion a copy of the disputed discovery request and any response, see DUCivR 37-1(b)(2)(B). Failure to meet these requirements may result in automatic denial of the motion. 6. In addition to these requirements, Judge Oberg requires short form discovery motions to identify with specificity the nature of the discovery dispute and to include substantive argument regarding each discovery request or response at issue. 2 7. If a party believes overlength briefing is necessary, the party may file an overlength motion or response under Rule 37-1, and include in the overlength motion or response a request for overlength briefing. (This procedure supersedes the general requirement of Rule 7-1(a)(6)(A) to file a separate motion for overlength briefing before filing an overlength motion.) Judge Oberg will generally grant reasonable requests for overlength briefing and allow equivalent briefing for the other party(ies). Electronically Stored Information (ESI) 8. In any case likely to involve discovery of a significant amount of electronically stored information (ESI), the parties should meet and confer regarding ESI protocols. To guide their discussion, the parties may refer to the ESI checklist available on Judge Oberg’s Practices and Procedures page on the court website, https://www.utd.uscourts.gov/magistrate-judge- daphne-oberg. DATED this ___ day of __________, 202_. BY THE COURT: ______________________________ Daphne A. Oberg United States Magistrate Judge 3

=== -ESI Checklist ===

CHECKLIST FOR MEETING AND CONFERRAL REGARDING ELECTRONICALLY STORED INFORMATION In cases where the discovery of electronically stored information (“ESI”) is likely to be a significant cost or burden, the court encourages the parties to engage in on- going meet and confer discussions and use the following Checklist to guide those discussions. These discussions should be framed in the context of the specific claims and defenses involved. The usefulness of particular topics on the checklist, and the timing of discussion about these topics, may depend on the nature and complexity of the matter. I. Preservation ☐ The ranges of creation or receipt dates for any ESI to be preserved. ☐ The description of data from sources that are not reasonably accessible and that will not be reviewed for responsiveness or produced, but that will be preserved pursuant to Fed. R. Civ. P. 26(b)(2)(B). ☐ The description of data from sources that (a) the party believes could contain relevant information but (b) has determined, under the proportionality factors, should not be preserved. ☐ Whether or not to continue any interdiction of any document destruction program, such as ongoing erasures of e-mails, voicemails, and other electronically-recorded material. ☐ The names and/or general job titles or descriptions of custodians for whom ESI will be preserved (e.g., “HR head,” “scientist,” “marketing manager,” etc.). ☐ The number of custodians for whom ESI will be preserved. ☐ The list of systems, if any, that contain ESI not associated with individual custodians and that will be preserved, such as enterprise databases. II. ☐ Any disputes related to scope or manner of preservation. Informal Discovery About Location and Types of Systems ☐ Identification of systems from which discovery will be prioritized (e.g., email, finance, HR systems). 1 ☐ Description of systems in which potentially discoverable information is stored, including software platforms. ☐ Location of systems in which potentially discoverable information is stored. ☐ How potentially discoverable information is stored. ☐ How discoverable information can be collected from systems and media in which it is stored. III. Proportionality and Costs ☐ The amount and nature of the claims being made by either party. ☐ The nature and scope of burdens associated with the proposed preservation and discovery of ESI. ☐ The likely benefit of the proposed discovery. ☐ Costs that the parties will share to reduce overall discovery expenses, such as the use of a common electronic discovery vendor or a shared document repository, or other cost-saving measures. IV. Search ☐ The search method(s), including specific words or phrases or other methodology, that will be used to identify discoverable ESI and filter out ESI that is not subject to discovery. ☐ The quality control method(s) the producing party will use to evaluate whether a production is missing relevant ESI or contains substantial amounts of irrelevant ESI. V. Phasing ☐ Whether it is appropriate to conduct discovery of ESI in phases. ☐ Sources of ESI most likely to contain discoverable information and that will be included in the first phases of Fed. R. Civ. P. 34 document discovery. ☐ Sources of ESI less likely to contain discoverable information from which discovery will be postponed or avoided. 2 VI. Production ☐ The formats in which structured ESI (database, collaboration sites, etc.) will be produced. ☐ The formats in which unstructured ESI (email, presentations, word processing, etc.) will be produced. ☐ The extent, if any, to which metadata will be produced and the fields of metadata to be produced. ☐ The production format(s) that ensure(s) that any inherent searchability of ESI is not degraded when produced. VII. Privilege ☐ How any production of privileged or work product protected information will be handled. ☐ Whether the parties can agree upon alternative ways to identify documents withheld on the grounds of privilege or work product to reduce the burdens of such identification. ☐ Whether the parties will enter into a Fed. R. Evid. 502(d) Stipulation and Order that addresses inadvertent or agreed production. 3

=== Standard Civil Juror Questionnaire ===

1. 2. 3. 4. 5. 6. STANDARD JUROR QUESTIONNAIRE—CIVIL CASE My name is I have lived in [city] and I am Juror Number . , Utah, since . [year] I am currently employed by attend school at . (If you are self-employed, please state what you do. If you are a homemaker, please so indicate. If you are retired, please tell us what your employment was when you retired. If you are a student, please tell us where you attend school.) . I currently I am currently . [married, single, divorced, widowed, in a committed relationship, or with a life partner] Those living with me at my home address include: • Spouse/partner: [name] • Children: [number] • Other: [number] My spouse (or former spouse or life partner) is employed by please describe. If homemaker or caretaker, please so indicate. If retired, please describe prior employment. If a student, please name the school.) . (If self-employed, 7. Other individuals living in my household are: • • • [adult’s name; if a minor, state gender only] [age] [employment/school] [adult’s name; if a minor, state gender only] [age] [employment/school] [adult’s name; if a minor, state gender only] [age] [employment/school] 8. My hobbies and interests are . 9. My highest level of education is . 10. My major in college is/was . [high school, some college, college degree, post-college degree]

=== Standard Civil Voir Dire ===

STANDARD VOIR DIRE—CIVIL CASE After the court introduces the court staff and the attorneys introduce themselves and their clients, the court will ask the following questions to the potential jurors: 1. Do any of you or any members of your immediate family know me, Judge Daphne Oberg? 2. Do any of you or any members of your immediate family know any of my staff members that I introduced to you? 3. Do any of you know the plaintiffs or their attorneys? 4. Do any of you know the defendants or their attorneys? 5. Would plaintiffs’ counsel please tell the jury the names of the individuals it intends to call as witnesses during trial? a. Do any of you know anyone on that list? 6. Would defense counsel please tell the jury the names of the individuals it intends to call as witnesses during trial? a. Do any of you know anyone on that list? 7. Are you acquainted with any other potential juror here today? 8. Being a juror is inconvenient to everyone. Aside from that inconvenience, is there anything that would make it extremely difficult or impossible for any of you to be here through __________ (the end of trial)? 9. Your function as jurors will be to decide the facts, not the law. I will instruct you regarding the law, and you cannot substitute your own understanding of the law or your own notions of what the law should be. a. Is there anyone here who does not understand this principle? b. Is there anyone here who would not be willing to follow the law as instructed by the court, even if you disagreed with the law? 10. Have any of you ever been employed by the judicial system? 11. Have any of you ever served as a jury in a jury trial or as a member of a grand jury? a. Civil or criminal case? b. What was the verdict? c. How was your experience? 12. Do any of you have any disabilities or impairments that would make it difficult to serve as a member of the jury? 13. Do any of you have any medical conditions that would make it difficult to serve as a member of the jury? 14. Do you know of any other reason why you could not serve on this jury if selected?