General Order on Pretrial; Final Pretrial Order

=== General Order on Pretrial ===

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF omo EASTERN DIVISION OIJAN-8 AHll:00 U.S. DISTF:!CT COURT SOUHlERH DIST. OHIO EAST. i"'J. '.:DLUHBUS INRE: PRETRIAL CONFERENCES EASTERN DIVISION Order No. ,._o..._1-:::....1 _ _ _ GENERAL ORDER ON PRETRIAL The United States District Judges for the Southern District of Ohio, Eastern Division, do hereby adopt the following general provisions to be applicable in the conduct of all pretrial conferences held by them or by the United States Magistrate Judges pursuant to Rule 16 of the Federal Rules of Civil Procedure, Rule.16.2 of the Local Rules of this Court and Eastern Division Order 91-3. I REFERENCE TO A MAGISTRATE JUDGE All civil cases, except those categories listed in Rule 16.2 of the Local Rules of this Court, are referred to the Magistrate Judges for the pmpose of conducting preliminary pretrial conferences, scheduling conferences, status conferences and settlement conferences. The District Judge in any case that has been referred to a Magistrate Judge under Eastern Division Order 91-3 may at any time, sua sponte, elect to conduct conferences and any party or counsel for a party may request, for good cause, that a particular case be handled in its entirety by the District Judge assigned to the case. II CONFERENCE OF THE PARTIES Consistent with Rule 26(f) of the Federal Rules of Civil Procedure, the parties l shall, no later than twenty-one (21) days prior to the Rule 16(b) preliminary pretrial conf~ce with the Court, confer with each other in a good faith effort to consider the nature and basis of the claims and defenses presented in the case, the discovery that will be reasonably necessary to the resolution of the case, the matters expected to be addressed by the Court at the Rule I 6(b) preliminary pretrial conference, and the speedy resolution of the case. The parties shall jointly file with the C9urt, at the time required by Rule 26(f) but in any event not fewer than seven (7) days prior to the Rule 16(b) preliminary pretrial conference, a report on the conference of the parties, using the form provided by the Court. m PRELIMINARY PRETRIAL CONFERENCE A preliminary pretrial conference will be held pursuant to notice in each action not excluded by operation of Rule 16.2 of the Local Rules of this Court, consistent with Rule 16(b) of the Federal Rules of Civil Procedure. At the preliminary pretrial conference, the District Judge or the Magistrate Judge will consider the following matters: A VENUE I. Venue and change of venue under applicable provisions of the United States Code 2. Compliance with S.D. Ohio L.R. 82.1 B. JURISDICTION 1. Jurisdiction over the subject of the action, including consideration of the amount in controversy in diversity cases. 2. Jurisdiction over the parties, including proper and timely service of process. c. PARTIES 1. Present parties, including questions of joinder or dismissal of parties. 2 2. Third parties, including impleading of third party defendants. D. PJ.RmJNGS AND PRELIMINARY MOTIONS 1. Jury demand or waiver. 2. Pending or contemplated prelirnimu:y clispositive motions. 3. Amendments to pleadings E. ISSUES IN THE CASE 1. Identification and discussion of claims and defenses . . 2. FcasJ.l>ility of separation of issues in the context of discovery, motion practice or trial. · F. DISCOVERY AND DISCLOSURES 1. Compliance with Rule 26(a)(l) of the Federal Rules of Civil Procedure. 2. Expert discovery a. Application of Rule 26(a)(2) of the Federal Rules of Civil Procedure. b. Date by which designations of primary experts must be made. c. Date by which designations of rebuttal experts must be made. 3. Discovery necessary to consider settlement of the case. G. H. ESTIMATED TIME TO FINAL PRETRIAL CONFERENCE AND TRIAL SETTLEMENT AND ALTERNATNE DISPUTE RESOLUTION The parties must, prior to the preliminary pretrial conference, consider and discuss the possibility of settling the case, as well as appropriate methods of _alternative dispute resolution. The Court's Settlement Week program is its preferred method of alternative dispute resolution, and a referral to mediation will, unless otherwise ordered by the Court, be made during the preliminary pretrial conference. 3 In accordance with Rules 16 and 26(f) of the Federal Rules of Civil Procedure, and with 28 U.S.C. §471 et seq., the parties are encouraged to limit initial discovery to only that necessary for the parties to evaluate the case for settlement The Court will provide the parties an opportunity to explore alternatives to the completion of all discovery, the :filing of dispositive motions, and trial. The case may be set for a settlement conference with the Court, a Settlement Week mediation or any other method of alternative dispute resolution permitted under S.D. Ohio _.. L.R 16.3 if, at any time during the pretrial proceedings, the District Judge or Magistrate Judge determines that the parties may benefit from such procedure. I. NEED FOR ADDffiONAL PRETRIAL CONFERENCES The parties must consider whether additional pretrial confenmces, to be held before or after the close of discovery but prior to the :final pretrial conference, would be helpful. 1. QTHRR MATTERS Any other matters that will aid in the preparation of the case will also be considered at the preliminary pretrial conference. IC. PRETRIAL ORDER Following the preliminary pretrial conference, the Court will issue an order summarizing the decisions made at the conference. IV FINAL PRETRIAL CONFERENCE Consistent with Rule 16(d) of the Federal Rules of Civil Procedure, a :final pretrial conference will be held, upon adequate notice, by either the District Judge or Magistrate Judge assigned to the case. The parties must confer with each other in advance of the :final pretrial conference and shall jointly :file with the Court, no fewer than three working days prior to the :final pretrial conference, a proposed :final pretrial order, in strict accordance with the form 4 provided by the Court. Unless excused by the Court for good cause, the trial attorney for each party must attend the final pretrial conference. The trial attorney must be prepared and authorized to ·enter into such additional agreements as may be appropriate. Prior to the final pretrial conference, the trial attorney for each party must fully explore with bis or her client the possibility of settlement. Ifthc trial attorney has full negotiating and settlement ;lUthority, the client need not be present at .• the final pretrial conference . . At the final pretrial conference, the District Judge or Magistrate Judge will consider the following matters: A. B. c. D. E. F. G. AMENDMENTS TO THE PT,BArnNQS THE SEPARATION OF ISSUES ADMJSSrarr.rry OF EVIDENCE TIIE DATE AND PROBABLE LENGTH OF TRIAL THE DESIRABILITY OF TRIAL RRTRFS SETTI.EMENT QUIBR MATTERS Any other matters that will aid in the trial of the case will also be considered at the final pretrial conference. H. FINAL PRETRIAL ORDER Following the final pretrial conference, the Court will file the final pretrial order. V FAILURE TO COMPLY The failure of any party or trial attorney to comply with the provisions of this 5 General Order may result in dismissal or default, as may be appropriate. IT IS SO ORDERED. D. Holschuh, Senior Judge States District Court 6

=== Final Pretrial Order ===

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Plaintiff, v. Case No. Magistrate Judge King Defendant. FINAL PRETRIAL ORDER This action came before the Court at a final pretrial conference held on ________________________ at ________ m., pursuant to Rule 16, Federal Rules of Civil Procedure. I. APPEARANCES: For Plaintiff: For Defendant: For Other Parties: II. NATURE OF ACTION AND JURISDICTION: A. B. C. This is an action for ____________________________________. The jurisdiction of the Court is invoked under Title _____, United States Code, Section ______. The jurisdiction of the Court (is) (is not) disputed. III. TRIAL INFORMATION: A. The estimated length of trial is _____ days. B. ____ Trial to _____________ has been set for _________ ____ A trial assignment will be made by the Court at a future date. IV. AGREED STATEMENTS AND LISTS: A. General Nature of the Claims of the Parties 1. 2. 3. Plaintiff Claims: (set out brief summary without detail; an itemized statement of special damages should be included.) Defendant Claims: (set out brief summary without detail.) Other parties’ claims, if any: (set out brief summary without detail.) B. Uncontroverted Facts Suggested language: The following facts are established by admissions in the pleadings or by stipulations of counsel. (Set out uncontroverted or uncontested facts.) C. Contested Issues of Fact and Law Suggested language: 1. 2. Contested Issue of Fact: The contested issues of fact remaining for decision are: (set out). Contested Issues of Law: The contested issues of law, in addition to those implicit in the foregoing issues of fact, are: (set out). Or: There are no special issues of law reserved other than those implicit in the foregoing issues of fact. D. Witnesses Suggested language: 1. 2. In the absence of reasonable notice to opposing counsel to the contrary, plaintiff will call, or will have available at the trial: (List). Or: Plaintiff may call: (List). In the absence of reasonable notice to opposing counsel to the contrary, defendant will call, or will have available at the trial, (List). Or: Defendant may call: (List). 3. 4. 5. In the absence of reasonable notice to opposing counsel to the contrary, ____________________ will call, or, ____________________ may call: (List). (Use for third parties, if any). In the event other witnesses are to be called at the trial, a statement of their names and addresses and the general subject matter of their testimony will be served upon opposing counsel and filed with the Court at least __________ days prior to trial. There is reserved to each of the parties the right to call such rebuttal witnesses as may be necessary, without prior notice thereof to the other party. (Note: Only witnesses listed in the Final Pretrial Order will be permitted to testify at the trial, except witnesses called solely for purpose of impeachment or for good cause shown.) E. Expert Witnesses Parties are limited to the following number of expert witnesses, including treating physicians, whose names and reports have been disclosed to the other side: Plaintiff __________ Defendant __________ Other Parties __________ Counsel will prepare a résumé of each expert’s qualifications in accordance with Appendix A herein. F. Exhibits The exhibit list must be prepared prior to trial and set forth in the pretrial order. Exhibits that are to be admitted without objection should be listed first, then followed by a listing of exhibits to which there may be objections, noting by whom the objection is made (if there are multiple adverse parties), the nature of the objection, and the authority supporting the objection. Exhibit markers should be attached to all exhibits at the time they are shown to opposing counsel during the preparation of the final pretrial order. They should be attached to the upper right-hand corner whenever possible. Except for good cause shown, the Court will not permit the introduction of any exhibit not listed in the final pretrial order, with the exception of exhibits to be used solely for the purpose of impeachment. Suggested forms for listing exhibits are found as appendices at the end of this outline. The pretrial order should note exhibits as follows: Appendix B Joint Exhibits Appendix C Plaintiff Exhibits Appendix D Defense Exhibits Appendix E Third-Party Exhibits G. Depositions The pretrial order must list depositions to be read in evidence and any objections thereto, identifying the objecting party, portions objected to, and grounds therefor. All irrelevant and redundant matter and all colloquy between counsel in the deposition must be eliminated when the deposition is read. Suggested language: Testimony of the following witnesses will be offered by deposition/video tape (if none, so state). H. Discovery Except for good cause, all discovery must be completed before the final pretrial order is signed by the Court. If discovery has not been completed, the proposed final pretrial order shall state what discovery is yet to be done by each side, when it is scheduled, when it will be completed, and whether any problems, such as objections or motions, are likely with respect to the uncompleted discovery. Suggested language: Discovery has been completed, or, Discovery is to be completed by _______________, or, Further discovery is limited to _______________, or, The following provisions were made for discovery: (specify). I. Miscellaneous Orders 1. 2. Set forth any orders not properly includable elsewhere, or The foregoing stipulations and statements were amended at the final pretrial conference as follows:_________. V. MODIFICATION This final pretrial order may be modified at the trial of this action, or prior thereto, to prevent manifest injustice. Such modification may be made by application of counsel or on motion of the Court. VI. JURY INSTRUCTIONS Requests for special instructions shall be submitted to the Court _____ days prior to trial. There is reserved to counsel the right to submit supplemental requests for instructions during trial, or at the conclusion of the evidence, on matters that cannot reasonably be anticipated. VII. SETTLEMENT EFFORTS The parties have made a good faith effort to negotiate a settlement, ________________________________________________. VIII. ADDITIONAL ACTION TAKEN ___________________________________ Magistrate Judge Norah McCann King ______________________________ Counsel for Plaintiff ______________________________ Counsel for Defendant ______________________________ Counsel for APPENDIX A Qualifications of Expert Witness Name: _______________________________________________________________________________ Address: _____________________________________________________________________________ Present Title: __________________________________________________________________________ Duties: _______________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Education and Degrees: _________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Teaching Experience: ___________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Job Experience: ________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Associations and Societies: _______________________________________________________________ _____________________________________________________________________________________ Publications: __________________________________________________________________________ _____________________________________________________________________________________ Honors: ______________________________________________________________________________ _____________________________________________________________________________________ Other Pertinent Information: _____________________________________________________________ _____________________________________________________________________________________ ( ) Appendix B ( ) Appendix C ‐ ‐ Joint Exhibits of the Parties (use roman numerals to designate). Exhibits of the Plaintiff (use arabic number to designate). ( ) Appendix D ‐ Exhibits of the Defendant (use letters of the alphabet to designate) ( ) Appendix E ‐ Exhibits of Other Parties. Designate as: plaintiff (surname) Ex. 1 defendant (surname) Ex. A Designation Description ID OBJ PROF ADM