Guidelines for Discovery of Electronically Stored Information; Chambers Rules; Pretrial Order Form (Civil); Speedy Trial Waiver

=== Guidelines for Discovery of Electronically Stored Information ===

THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA Guidelines for Discovery of Electronically Stored Information (ESI)1 These guidelines are intended to facilitate compliance with the provisions of Fed. R. Civ. P. 16, 26, 33, 34, 37, and 45, as amended December 1, 2006 and December 1, 2007, relating to the discovery of ESI. In the case of any asserted conflict between these guidelines and the above-referenced rules, the latter shall control. 1. Early Attention to Electronic Discovery Issues. Prior to the Fed. R. Civ. P. 26(f) conference, counsel should become knowledgeable about their clients’ information management systems and their operation, including how information is stored and retrieved. In addition, counsel should make a reasonable attempt to determine where ESI is likely to be located, including backup, archival and legacy data (outdated formats or media), and to consider preservation obligations.2 2. Duty to disclose. Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) must include any ESI that the disclosing party may use to support its claims or defenses (unless used solely for impeachment). Counsel should identify those individuals with knowledge of their clients’ electronic information systems who can facilitate the location and identification of discoverable ESI prior to the Fed. R. Civ. P. 26(f) conference. 3. Duty to notify. A party seeking discovery of ESI should notify the opposing party of that fact and, if known at the time of the Fed. R. Civ. P. 26(f) conference, should identify as clearly as possible the categories of information that may be sought. Parties and counsel are reminded that, under Fed. R. Civ. P. 34, if the requesting party has not designated a form of production in its request, or if the responding party objects to the designated form, then the responding party must state in its written response the form it intends to use for producing ESI. It must be in the form in which it is ordinarily maintained or in a reasonably usable form or forms. For a discussion of “form of production,” see Fed. R. Civ. P. 34(b) cmt. to 2006 amendments. 4. Duty to meet and confer regarding ESI. During the Fed. R. Civ. P. 26(f) conference, the parties should confer regarding the following matters:3 1 These guidelines are adapted from those promulgated by the United States District Court for the District of Kansas, which are acknowledged and appreciated. 2 For definitions of terms used in these guidelines, see The Sedona Conference® Glossary: (Second Edition) at Inform ation Management E-Discovery & D igital http://www.thesedonaconference.org. 3 For a more detailed description of matters that may need to be discussed, see Craig Ball, Ask and Answer the Right Questions in EDD, LAW TECHNOLOGY NEWS, Jan. 4, 2008, accessed on Feb. 1, 2008 at http://www.law.com/jsp/ihc/PubArticleIHC.jsp?id=1199441131702# and reprinted in these Guidelines with permission at Appendix 1. (a) ESI in general. Counsel should attempt to agree on steps the parties will take to segregate and preserve ESI in order to avoid accusations of spoliation. (b) E-mail information. Counsel should attempt to agree on the scope of e-mail discovery and e-mail search protocol. (c) Deleted information. Counsel should attempt to agree on whether responsive deleted information still exists, the extent to which restoration of deleted information is needed, and who will bear the costs of restoration. (d) “Embedded data” and “metadata.” “Embedded data” typically refers to draft language, editorial comments, and other deleted matter retained by computer programs. “Metadata” typically refers to information describing the history, tracking, or management of an electronic file. The parties should discuss at the Fed. R. Civ. P. 26(f) conference whether “embedded data” and “metadata” exist, whether it will be requested or should be produced, and how to handle determinations regarding attorney-client privilege or protection of trial preparation materials. (e) Back-up and archival data. Counsel should attempt to agree on whether responsive back-up and archival data exists, the extent to which back-up and archival data is needed, and who will bear the cost of obtaining such data. (f) Format and media. Counsel should attempt to agree on the format and media to be used in the production of ESI. Counsel should also discuss the benefits and need for native format versus imaged format. (g) Reasonably accessible information and costs. The volume of, and ability to search, ESI means that most parties’ discovery needs will be satisfied from reasonably accessible sources. Counsel should attempt to determine if any responsive ESI is not reasonably accessible, i.e., information that is only accessible by incurring undue burdens or costs. If the responding party is not searching or does not plan to search certain sources containing potentially responsive information, it should identify the category or type of such information. If the requesting party intends to seek discovery of ESI from sources identified as not reasonably accessible, the parties should discuss: (1) the burdens and costs of accessing and retrieving the information, (2) the needs that may establish good cause for requiring production of all or part of the information, even if the information sought is not reasonably accessible, and (3) conditions on obtaining and producing this information such as scope, time, and allocation of cost. (h) Privileged or trial preparation materials. Counsel should attempt to reach an agreement regarding what will happen in the event privileged or trial preparation materials are inadvertently disclosed. Pursuant to Fed. R. Civ. P. 26(5)(B), if the disclosing party inadvertently produces privileged or trial preparation materials, it must notify the requesting party of such disclosure. After the requesting party is notified, it must return, sequester, or destroy all information and copies and may not use or disclose this information until the claim of privilege or protection as trial preparation materials is resolved. This rule has been 2 described as the “clawback” rule. (i) The parties may agree to provide a “quick peek,” whereby the responding party provides certain requested materials for initial examination without waiving any privilege or protection. (ii) The parties may also establish a “clawback agreement,” whereby materials that are disclosed without intent to waive privilege or protection are not waived and are returned to the responding party, so long as the responding party identifies the materials mistakenly produced. (iii) Other voluntary agreements should be considered as appropriate. The parties should be aware that there is an issue of whether such agreements bind third parties who are not parties to the agreements. The parties may consider asking the court to incorporate the agreement into a court order. 4 (iv) Counsel should be aware this rule merely establishes a procedure to minimize the effects of inadvertent disclosure. It does not resolve the question of whether inadvertent disclosure causes waiver of the privilege. That question is resolved by the law of the jurisdiction involved. 5. Duty to meet and confer when requesting ESI from nonparties (Fed. R. Civ. P. 45). Parties issuing requests for ESI from nonparties should attempt to informally meet and confer with the non-party (or counsel, if represented). During this meeting, counsel should discuss the same issues with regard to requests for ESI that they would with opposing counsel as set forth in paragraph 4 above. 4 For a detailed discussion on this issue, see Hon. John M. Facciola, Sailing on Confused Seas: Privilege Waiver and the New Federal Rules of Civil Procedure, 2006 Fed. Cts. L. Rev. 6 (Sept. 2006) at http://www.fclr.org/2006fedctslrev6.htm. 3 [February 1, 2008] APPENDIX 1 Ask and Answer the Right Questions in EDD Craig Ball Law Technology News January 4, 2008 Sometimes it’s more important to ask the right questions than to know the right answers, especially when it comes to nailing down sources of electronically stored information, preservation efforts and plans for production in the FRCP Rule 26(f) conference, the so-called “meet and confer.” The federal bench is deadly serious about meet and confers, and heavy boots have begun to meet recalcitrant behinds when Rule 26(f) encounters are perfunctory, drive-by events. Enlightened judges see that meet and confers must evolve into candid, constructive mind melds if we are to take some of the sting and “gotcha” out of e-discovery. Meet and confer requires intense preparation built on a broad and deep gathering of detailed information about systems, applications, users, issues and actions. An hour or two of hard work should lie behind every minute of a Rule 26(f) conference. Forget “winging it” on charm or bluster and forget “We'll get back to you on that.” Here are 50 questions of the sort I think should be hashed out in a Rule 26(f) conference. If you think asking them is challenging, think about what’s required to deliver answers you can certify in court. It’s going to take considerable arm-twisting by the courts to get lawyers and clients to do this much homework and master a new vocabulary, but, there is no other way. These 50 aren’t all the right questions for you to pose to your opponent, but there's a good chance many of them are . . . and a likelihood you'll be in the hot seat facing them, too. 1. 2. 3. 4. 5. 6. 7. 8. 9. What are the issues in the case? Who are the key players in the case? Who are the persons most knowledgeable about ESI systems? What events and intervals are relevant? When did preservation duties and privileges attach? What data are at greatest risk of alteration or destruction? Are systems slated for replacement or disposal? What steps have been or will be taken to preserve ESI? What third parties hold information that must be preserved, and who will notify them? 10. What data require forensically sound preservation? 11. Are there unique chain-of-custody needs to be met? 12. What metadata are relevant, and how will it be preserved, extracted and produced? 4 13. What are the data retention policies and practices? 14. What are the backup practices, and what tape archives exist? 15. 16. 17. 18. Are there legacy systems to be addressed? How will the parties handle voice mail, instant messaging and other challenging ESI? Is there a preservation duty going forward, and how will it be met? Is a preservation or protective order needed? 19. What e-mail applications are used currently and in the relevant past? 20. Are personal e-mail accounts and computer systems involved? 21. What principal applications are used in the business, now and in the past? 22. What electronic formats are common, and in what anticipated volumes? 23. Is there a document or messaging archival system? 24. What relevant databases exist? 25. Will paper documents be scanned, and if so, at what resolution and with what OCR and metadata? 26. What search techniques will be used to identify responsive or privileged ESI? 27. 28. 29. 30. If keyword searching is contemplated, can the parties agree on keywords? Can supplementary keyword searches be pursued? How will the contents of databases be discovered? Queries? Export? Copies? Access? How will de-duplication be handled, and will data be re-populated for production? 31. What forms of production are offered or sought? 32. Will single- or multipage .tiffs, PDFs or other image formats be produced? 33. Will load files accompany document images, and how will they be populated? 34. How will the parties approach file naming, unique identification and Bates numbering? 35. Will there be a need for native file production? Quasi-native production? 36. 37. 38. 39. 40. 41. On what media will ESI be delivered? Optical disks? External drives? FTP? How will we handle inadvertent production of privileged ESI? How will we protect trade secrets and other confidential information in the ESI? Do regulatory prohibitions on disclosure, foreign privacy laws or export restrictions apply? How do we resolve questions about printouts before their use in deposition or at trial? How will we handle authentication of native ESI used in deposition or trial? 42. What ESI will be claimed as not reasonably accessible, and on what bases? 43. Who will serve as liaisons or coordinators for each side on ESI issues? 44. Will technical assistants be permitted to communicate directly? 45. 46. 47. Is there a need for an e-discovery special master? Can any costs be shared or shifted by agreement? Can cost savings be realized using shared vendors, repositories or neutral experts? 5 48. 49. How much time is required to identify, collect, process, review, redact and produce ESI? How can production be structured to accommodate depositions and deadlines? 50. When is the next Rule 26(f) conference (because we need to do this more than once)? 6

=== Chambers Rules ===

CHAMBERS RULES FOR THE HON. JOHN F. HEIL, III EASTERN DISTRICT OF OKLAHOMA Last updated March 25, 2026 General Chambers Rules 1. Expectations: Professionalism, courtesy, decorum, and common sense shall dictate all behavior in this Court. The parties and attorneys, including pro se litigants, will be held to the highest standard of professional conduct, personal and professional courtesy, and deportment throughout all proceedings conducted in this Court. 2. Local Rules: You are expected to be familiar with and adhere strictly to the requirements of all local rules, particularly those concerning courtroom behavior under LGnR 3. 3. Courtroom Protocol: a. All electronic devices must be powered off. On a showing of good cause, counsel may obtain approval for the use of electronic devices during trial. b. Do not place feet, shoes, or any objects which might scratch or mar surfaces— including briefcases with metal closures or feet, demonstrative aids, exhibits, etc.— on courtroom furniture, including chairs, conference tables, and benches. c. Do not chew gum or eat food, mints, candy, etc. in the courtroom. d. Other than bottled water, no beverages are allowed in the courtroom. e. Only the attorney questioning a witness should raise objections concerning that witness’ testimony. f. To the extent a sidebar conference is allowed during the examination of a witness, only the attorney questioning the witness should present argument. g. Do not greet or introduce yourself to adverse witnesses. Commence your cross- examination without preliminaries. Do not face or otherwise appear to address yourself to jurors when questioning a witness. h. Physical evidence should be handled with disposable gloves. If the physical evidence to be presented at trial involves biological matter or potential biohazards, advance notice should be given to the Court’s courtroom deputy—preferably at pretrial conference, but no later than the day that exhibit lists are due. 4. Advocacy: Federal courtroom advocacy opportunities are rare. To facilitate training the next generation of attorneys, the Court strongly encourages new or inexperienced attorneys to participate in courtroom proceedings and conferences. The Court is amenable to having multiple attorneys speak if it creates opportunities for junior lawyers. 5. Motions and Responses: a. Statement of Conferral: Any motion must state on the first page whether it is opposed or unopposed. If opposed, the motion must include a statement of conferral evidencing the manner in which conferral with opposing counsel took place. If concurrence to the motion could not be obtained or was refused, the motion should explain why concurrence could not be obtained. A motion that fails to include a statement of conferral or a statement as to whether the motion is opposed or unopposed may be summarily denied. b. Unopposed Motions: In general, motions seeking judicial notice of a fact or declaration of an issue as a matter of law will be entertained only if the fact or issue is contested by the parties. If the matter is uncontested, the parties should instead file a stipulation. Unopposed motions may be stricken unless good cause is shown for need of the Court’s determination. c. Motions in Limine: i. The Court strongly encourages the use of motions in limine to resolve complicated or unusual evidentiary issues. Such motions should be filed by the deadline set forth in the scheduling order and will be addressed at the pretrial conference, as necessary. Counsel should not wait until trial to seek exclusion of evidence counsel knew opposing counsel would seek to introduce. If a motion in limine is not timely filed, it will not be considered absent a showing of manifest injustice. ii. The parties are discouraged from filing a motion in limine requesting an order that the parties be required to follow the Federal Rules of Evidence. Any motion in limine filed should concern specific evidence. iii. Each party is limited to one (1) omnibus motion in limine which may not exceed forty (40) pages. iv. In particular, counsel are directed to raise objections to anticipated scientific evidence and expert testimony by a timely motion in limine. Any issues implicating Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), should be raised in a Daubert motion pursuant to the deadline set forth in the scheduling order. d. Citation to unpublished cases: Cite to unpublished cases using the Westlaw citation. If a Westlaw citation is not available, the unpublished case shall be attached to the filing. 6. Evidentiary Hearings: For any hearing that is expected to be evidentiary, the parties are directed to email the courtroom deputy the proposed witness and exhibit lists three (3) business days prior to the hearing. Additionally, the parties shall provide four (4) paper copies of a typewritten Witness List and Exhibit List to the courtroom deputy prior to the hearing. 2 Criminal Chambers Rules 1. Hearings: a. All counsel, including out of state counsel, are required to attend all criminal hearings in person. b. Counsel are encouraged to appear 15 minutes early for any hearing. c. Pretrial conferences are typically set on a pretrial docket and heard in ascending order by case number. If a lengthy hearing (more than 10 minutes) is anticipated or the Court wishes to hear pending motions, the pretrial conference may be moved to either a separate time or the end of the docket. d. Sentencings and revocations are typically set on a sentencing docket. If a lengthy hearing (more than 30 minutes) is anticipated, please notify the courtroom deputy as soon as possible and the hearing may be moved to a separate date and/or time. 2. Joint Status Report Regarding Production of Discovery: a. The joint status report (“JSR”) should be filed in CM/ECF as a “Status Report.” b. The JSR should provide a substantive update on the status of discovery including, but not limited to, any materials yet to be produced, any materials requested but not produced, the reason any materials have not been produced, and the anticipated timing of any such forthcoming production. If a discovery motion is anticipated, this information should be included in the JSR. c. Failing to file the JSR without any notice to the Court is unacceptable. d. If a change of plea hearing is already set, a JSR is unnecessary. If the case is ready for change of plea, counsel shall notify the Court’s courtroom deputy on or before the date the JSR is due. Failing to file a JSR merely because the parties anticipate a change of plea is unacceptable. 3. Motions to Continue Deadlines, Scheduling Order, and/or Trial: a. Every motion must be clearly titled as unopposed, agreed, or opposed. Pursuant to LCrR 12.1 and Judge Heil’s General Chambers Rule 5(a), every motion must contain a statement outlining each party’s position—including any co-defendants— with respect to the requested relief. b. A proposed order is not required. c. Unless the case has been declared complex, if a motion to continue requests an extension of the trial setting, a speedy trial waiver must be filed. The Court will not rule on a motion to continue a trial setting without a correct, executed waiver on file. 3 i. The waiver must be submitted on the Court’s required form, which can be downloaded at this link: Required Waiver of Speedy Trial Form. ii. The waiver must specifically reference the excludable dates. For example, if the defendant is set on the September 16, 2024 trial docket and is requesting a continuance to the October 21, 2024 trial docket, the waiver shall state “Defendant specifically requests that all delays from a continuance of his/her jury trial from September 16, 2024 to October 21, 2024 be excluded from computation under the Speedy Trial Act pursuant to 18 U.S.C. § 3161, et seq.” iii. The waiver must be signed by the defendant and by defendant’s counsel. iv. Ideally, the waiver should be filed contemporaneously with the motion to continue. v. If you file a motion to continue ahead of pretrial conference but are unable to file a signed waiver prior to the pretrial conference, the motion to continue will be addressed at the pretrial conference. However, defense counsel are expected to timely meet with their clients in advance of the pretrial conference, and the Court discourages the use of pretrial conferences simply to obtain waivers. vi. In a multi-defendant case, a waiver of speedy trial is required from each defendant (unless, as above, the case has been declared complex). d. Judge Heil’s criminal trial dates are: April 6, 2026 May 4, 2026 June 1, 2026 July 6, 2026 August 1, 2026 August 31, 2026 October 5, 2026 November 2, 2026 November 30, 2026 4. Motions and Stipulations: a. Pursuant to LCrR 12.1(E), any response shall be filed within seven (7) days of any motion’s filing. b. Replies are not permitted without leave of Court. If leave is granted, replies shall be limited to five (5) pages. c. Only one (1) motion to suppress per defendant is permitted absent leave of Court. 4 d. The parties should meet and confer in good faith to discuss any stipulations that would streamline the issues at trial. Any stipulations agreed to should be submitted by the date listed in the scheduling order. Counsel are reminded of Judge Heil’s General Chambers Rule 5(b) regarding unopposed motions and stipulations. e. In addition to complying with General Chambers Rule 5(a) requiring a statement of conferral between parties, motions related to probation/supervised release issues must also state the position of the United States Probation Office. 5. Changes of Plea: a. When a defendant is ready to plead guilty, notify the Court’s courtroom deputy at [email protected] by email. Please include any dates that are good for the hearing and any dates to avoid. b. In most cases, the change of plea hearing will be referred to the criminal duty Magistrate Judge and set on their court schedule. c. After the plea hearing is set, you will receive an email with additional information regarding the submission of the plea documents. Generally, plea documents must be received at least three (3) business days prior to the change of plea hearing. i. Petition to enter plea of guilty; ii. Plea agreement and plea agreement supplement (if applicable). d. Absent good cause, any superseding information must be filed at least three (3) days prior to the change of plea hearing. Civil Chambers Rules 1. Requests for Extension of Time and Extension of Scheduling Order: a. Must be in writing. b. Absent an emergency, any request for extension should be filed at least forty-eight (48) hours before the scheduled deadline. c. Must follow the standards outlined in the Federal Rules of Civil Procedure, as interpreted and applied by the Tenth Circuit, and must meet the requirements of LCvR 7-1(i). d. Counsel should not assume that the amount of time between the discovery deadline and start of trial is an invitation to request an extension of deadlines while keeping the trial date as set. Any request for extension of time will likely affect the trial setting. 5 2. Settlement Conferences: It is the Court’s expectation that parties attend a settlement conference mid-way through discovery. Requests to continue a settlement conference because discovery is not complete will not be granted absent good cause. The Court expects the parties to actively engage in discovery from the onset of the litigation. 3. Pretrial Conferences: a. Counsel are required to meet prior to the pretrial conference to review all proposed exhibits. Allegations during trial that counsel have “never seen” one of opposing counsel’s listed exhibits will be viewed with disfavor. b. At the pretrial conference, counsel should be prepared to present their arguments regarding (1) objections to exhibits; (2) pending dispositive motions; and (3) pending motions in limine. The Court intends to conclude the pretrial conference with the case ready for trial. c. Counsel should be prepared to address all matters expected to cause numerous sidebar conferences or lengthy argument during trial. Once a jury is seated, the Court wants to keep them working and interested in the case. When possible, argument and record-making should be delayed until the beginning of a convenient recess or before or after the trial day. d. One (1) week prior to the pretrial conference, the parties shall provide two (2) notebooks containing any exhibits with remaining objections to the Court. 4. Trials: a. The Court sets civil trials on a trailing docket following criminal cases. At pretrial, counsel will be advised as to their position on the trial docket. The parties should understand that a number of criminal cases are likely to be added to this docket. The Court will not entertain a motion to continue trial merely because of the number of criminal cases on the docket. Criminal cases routinely resolve on the eve of trial. Counsel will be prepared to try this case in the event all criminal cases resolve. Counsel may communicate with the Court’s courtroom deputy for updates concerning the criminal cases on the docket. 6

=== Pretrial Order Form (Civil) ===

UNITED STATES DISTRICT COURT FOR THE EASTERN/NORTHERN DISTRICT OF OKLAHOMA (Style of Case) Form of Pretrial Order PRETRIAL ORDER (Case Number) Following pretrial conference held before the court, IT IS SO ORDERED: (State date of pretrial and appearance of attorneys) I. II. III. IV. V. VI. VII. VIII. This is an action for: (Here specifically identify each cause of action and the defenses to each. Affirmative defenses must be listed separately. Designate the parties and set forth a factual basis for each cause of action.) Parties may not submit separate statements of the case. Remedies: (List all remedies sought for each cause of action. If damages are sought, itemize each element of damages with the corresponding dollar amounts.) Federal jurisdiction is invoked upon the ground: (Here list the legal authority for jurisdiction and a concise statement of the facts requisite to confer federal jurisdiction.) The following facts, and issues of law, are admitted and require no proof: Here list each admitted fact, including jurisdictional facts, or issues of law.(Stipulate in writing to as many facts and issues of law as possible. The parties shall furnish the court a separate copy of the stipulations at the pretrial conference. The stipulations will be read to the jury by the court prior to the first witness being called.) The reservations as to the facts recited in Paragraph IV are as follows:(Here set forth any objection reserved by any party as to the admissibility in evidence of any issue of fact as provided by Rule 36(b) of the Federal Rules of Civil Procedure. The following facts, though not admitted, are not to be contested at the trial by evidence to the contrary: (Here list each.) The parties agree the following issues of fact, and no others, remain to be litigated upon the trial: (Here specify each; a mere general statement will not suffice.) This section shall include a separate exhibit list for each party. Exhibits shall be specifically identified as follows: (1) all records, including medical records, shall be identified, including the name of the provider and date(s) of service; (2) manuals and handbooks shall be listed by title and individual section(s) to be used at trial shall be designated and identified by page number(s); (3) drawings, maps, diagrams, studies and charts shall be identified by date and author of said document and exchanged prior to the pretrial conference; and (4) any videos, including video depositions, shall be identified by date and subject of video and shall designate if audio is contained in video. Any objections contained in the video deposition, or to the audio portion of a video, shall be identified in the pretrial order and a transcript provided to the court at the pretrial conference sufficient for the court to rule on said objections prior to trial. If the objection is to the introduction of the entire video, the party seeking exclusion shall provide said video to the court at the pretrial conference. Exhibit list shall not include: (1)items, or documents intended to be used solely for impeachment or rebuttal purposes; (2) Expert curriculum vitae or expert reports; (3) depositions; (4) demonstrative aids. Each exhibit list should be broken down into two columns. On the left side, each exhibit should be listed separately (no subheadings) in the sequence proposed to be offered, with a description of each sufficient for identification. Do not refer the court to the pleadings. The column on the right should state the corresponding objection to each exhibit, if any. The objection must also contain the applicable Federal Rule upon which it is based. All exhibits and documents to be introduced at trial shall have been furnished to opposing counsel prior to the pretrial conference. There shall be no objections contained in the pretrial order indicating the exhibits have not been exchanged. Without appropriate notice and disclosure, and immediate written application to the court for permission to supplement, proffered late exhibits will not be ordered listed or admitted, except to avoid manifest injustice. The following witnesses will be called: (Here list specifically all witnesses that will be called by the parties, including opponent's witnesses you intend to call. Include a concise paragraph summarizing the nature of their testimony. Testimony on other subjects will not be allowed. Do not refer the court to the pleadings, to depositions previously taken, or to witnesses listed by opposing counsel.) WITNESSES NOT SO LISTED WILL NOT BE ALLOWED TO BE CALLED TO TESTIFY, EXCEPT BY ORDER OF THE COURT AND IN THE INTEREST OF JUSTICE. ALL discovery shall be completed by (date set by the court at status and scheduling conference). Indicate all pending motions and the corresponding dates of filing. The parties agree the following issues of law, and no others, remain to be litigated upon the trial: (Here set forth a concise statement of each. Disregard the effects of any pending motions.) Parties may not submit separate issues of law. Identify any pending motions which encompass and correspond to an issue of law. The possibility of settlement of this case has been explored with the following results: (Here set forth whether the case probably will be settled, may be settled, or there is no possibility of settlement.) The foregoing admissions having been made by the parties, and the parties having specified the foregoing issues of fact and law remaining to be litigated, this order shall supersede the pleadings and govern the course of the trial of this cause, unless modified to prevent manifest injustice. Rule 16, Federal Rules of Civil Procedure. Dated this __ day of ____________ 20__. ____________________________________ JOHN F. HEIL, III UNITED STATES DISTRICT JUDGE IX. X. XI. XII. XIII. XIV. Approved as to form and content: Attorney for Plaintiff(s) Attorney for Defendant(s)