Instructions; Requirements; Boiler Plate Voir Dire-Civil; Boiler Plate Voir Dire-Criminal; Guidelines for Submission of Exhibits for Judge Summerhays

=== Instructions ===

RULE 26(f) REPORT INSTRUCTIONS United States District Judge Robert R. Summerhays NOTE: Electronically file This report with the Clerk of Court. 1. Participants: List all counsel participating in the conference and the parties they represent. 2. Affirmation Regarding Initial Disclosures: The parties shall affirm that they complied with the initial disclosure requirements of Fed. R. Civ. P. 26(a)(1). If complete disclosures have not been made, explain why not. 3. Jurisdictional Basis: The parties shall state the jurisdictional basis for the suit and any objections to jurisdiction. 4. Brief Description of Claims: Each party asserting a claim, counterclaim, cross-claim, third-party claim, or intervention shall briefly state the following (without merely repeating the content of the pleadings): (a) the specific facts that support the claim; (b) the law and any contractual provision supporting the claim; and (c) the remedy prayed for as to each defendant. 5. Brief Statement of Responses: Each party against whom a claim has been asserted shall provide the following information (without merely repeating the content of the pleadings): (a) the basis or lack thereof for each claim; (b) all affirmative defenses asserted and the legal bases therefor; and (c) whether the dispute in question is one of law, fact, or contractual interpretation. 6 Anticipated Amendments to Pleadings and Motions: Each party shall identify any amendments to the pleadings and any motions (dispositive or otherwise) that it anticipates filing. 7. Anticipated Expert Witnesses: Each party shall state the name (if known) of each anticipated expert witness, the witness’s field of expertise, and the subject matter of the witness’s anticipated testimony. 1 8. Discovery Plan: The parties received a discovery plan in the Scheduling Order previously issued in this case. If the parties conclude that a more case-specific Scheduling Order is required, they must either set forth an agreed-upon plan or request a telephone conference with the Magistrate Judge. A case-specific Scheduling Order may be particularly appropriate in cases where early exchange of expert reports is essential to the progression of the case, e.g., in products liability cases, patent infringement suits, etc. 9. Stipulations: List any matters to which the parties have stipulated. Counsel are encouraged to stipulate to as many factual and legal issues as possible in the interest of reducing pretrial costs and delays. 10. Major Issues of Fact and Law in Dispute: List the major issues of fact and law in dispute. 11. Related Case Information: State whether this case is related in any way to any other pending case, whether federal or state, civil or criminal. If there is a related case, list: (1) the name of the related case; (2) the court in which it is pending; (3) the docket number; (4) the assigned judge; and (5) a brief description of how the cases are related. 12. Surveillance Evidence: In the past, Scheduling Orders from the Lafayette Division addressed the discovery and admissibility of surveillance evidence. Counsel shall state whether they wish to opt in or opt out of the former procedure. In the event counsel opt out or do not agree, the Court will rule on surveillance issues on a case-by-case basis. The former procedure is as follows: (1) A party must make a timely request for discovery of surveillance evidence. Timeliness means that this request must be made prior to the end of the discovery deadline. An untimely request for surveillance evidence may be treated as any other untimely discovery request. (2) The respondent need not respond to the discovery request and need not indicate whether there exists any such evidence until 21 days before pretrial conference. On or before the deadline, the respondent shall turn over to the requesting party all surveillance evidence in his possession or control which the respondent intends to offer at trial and shall identify the individual(s) who will be necessary to lay a proper foundation. (3) The respondent has the right to depose or re-depose the individual who might have been the subject of the surveillance prior to responding to the discovery request. 2 (4) Depositions shall be upon reasonable notice to all parties and shall be limited in scope to impeachment issues and updating any previous deposition. (5) Offering party will be allowed to present surveillance evidence at trial only if (a) there has been compliance with the regulations set forth above, or (b) good cause is shown for an exception to these rules, or (c) the party subject to surveillance has failed to timely request discovery of the evidence in question. (6) Any party who intends to offer surveillance films or video-tapes into evidence at trial shall meet with all other parties to edit the material and agree on the portions to be shown at trial. Counsel are to remove non-essential, repetitious, and unnecessary material as well as objections and colloquy of counsel. The edited video evidence and any objections thereto are to be submitted with the bench books on the deadline set forth in the Scheduling Order. 13. Alternative Dispute Resolution (ADR): In accordance with the Local Rule 16.3.1 and 28 U.S.C. § 652, the parties must consider the use of alternative dispute resolution (ADR). State the position of the parties as to whether this case is amenable to ADR and, if so, what form of ADR is considered most appropriate, and at what stage of the litigation ADR should occur. Additionally, state whether the parties agree a settlement conference with a Magistrate Judge would be productive. 14. Rule 16 Conference: A Rule 16 conference with the Magistrate Judge may be beneficial. Such conferences may be held in chambers or by telephone, and often result in a substantial reduction in the time and expense spent in pretrial preparation. Each party shall state whether it believes a Rule 16 conference would be beneficial. In certain cases, the court may sua sponte schedule a Rule 16 conference. 15. Electronic Courtroom: State whether this case is document intensive, i.e., whether it will likely require the admission of a large number of documents at trial. The court generally requires that documents or exhibits be shown at trial via use of the “Visual Presenter” or a portable data storage device (e.g., flash drive, CD-ROM, etc.). This is particularly true in document-intensive trials. The court’s requirements for the case will be discussed more fully at the final pretrial conference. For additional information, see the “Electronic Courtroom” page of our website at: https://www.lawd.uscourts.gov/electronic-courtroom. To set up an appointment to become familiar with the operation of the various electronic presentation equipment available in the courtroom, contact Brent Norris, Electronic Coordinator for the Western District of Louisiana, at (337) 593-5006. 3 16. Electronically Generated Exhibits or Aids: Describe any electronically-generated exhibits or demonstrative aids that will be used at trial. “Electronically-generated exhibits or aids” refers to any exhibit or demonstrative aid that is created in whole or in part with the aid of computer software, but excludes evidence which is merely to be exhibited or presented by way of computer, CD-ROM, or video presenter. 17. Handicap Provisions: Advise the court of any anticipated need for handicap accommodations for any party, witness, or trial participant and identify the nature of the handicap so that the necessary accommodations can be made. 18. Consent Trials: Counsel are advised of their right to consent to trial by a magistrate judge pursuant to 28 U.S.C. § 636(c). All counsel and/or unrepresented parties must complete and sign the form entitled “AO 85 - Notice, Consent & Reference of a Civil Action to a Magistrate Judge” in The form can be found at: order to consent to trial by a Magistrate Judge. http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action- magistrate-judge. submitted [email protected]. Do not file the consent form in to the record. executed form The to: be to is 4

=== Requirements ===

PRETRIAL ORDER REQUIREMENTS United States District Judge Robert R. Summerhays 1. Jurisdictional Basis. The jurisdictional basis for all claims shall be explained. 2. Claims and Responses. Any party asserting a claim shall identify the following, as to each claim: (1) the law and any contractual provision supporting the claim; (b) the remedy prayed for as to each defendant; and (c) the law supporting that remedy as to that defendant. This requirement applies to all counterclaims, cross-claims, third-party claims, and interventions, and the parties shall state whether they have stipulated to any intervention. Each party against whom a claim has been asserted shall provide the following information: (a) the basis or lack thereof for each claim; (b) all affirmative defenses asserted and the legal bases therefor; (c) whether the dispute in question is one of law, fact, or contractual interpretation; and (d) the law supporting the responses. If a bench trial is scheduled, the information regarding claims and responses contained in this section shall be supplemented by page-specific citations to supporting jurisprudence as to each claim, remedy, defense, and allegation. FAILURE TO INCLUDE A CLAIM OR DEFENSE IN THIS ORDER WILL CONSTITUTE ABANDONMENT OF THE CLAIM OR DEFENSE. 3. Issues of Fact and Issues of Law. Identify any TRUE issues of fact or law that remain unresolved as of the pretrial conference. 4. Stipulations. List any matters to which the parties have stipulated. Counsel are encouraged to stipulate to as many factual and legal issues as possible in the interest of reducing costs and delays at trial. If the matter will be tried to a jury, counsel shall state whether the stipulations are to be read to the jury. 5. Will Call Witnesses. Each party shall set out a will call witness list that conforms to the requirements of Fed. R. Civ. P. 26(a)(3)(A) and include a brief summary (no more than two to three sentences) of the subject matter to which each witness will testify. Witnesses who are called exclusively for impeachment need not be listed. Counsel are to omit or redact any personal identifiers, in conformity with Fed. R. Civ. P. 5.2 and LR 5.7.12. 6. May Call Witnesses. Each party shall set out a may call witness list that conforms to the requirements of Fed. R. Civ. P. 26(a)(3)(A) and include a brief summary of the subject matter to which each witness will testify. Counsel are to omit or redact any personal identifiers, in conformity with Fed. R. Civ. P. 5.2 and LR 5.7.12. 7. Exhibits. Each party shall set out an exhibit list, identifying the exhibits the party will use at trial, and conforming to the requirements of Fed. R. Civ. P. 26(a)(3)(A)(iii). Counsel are to omit or redact any personal identifiers, in conformity with Fed.R.Civ.P. 5.2 and LR 5.7.12. 8. Objections to Witness and Exhibit Lists. Each party shall list any objections to the witness or exhibits lists of another party, including those objections contained in Fed. R. Civ. P. 26(a)(3)(B). ANY OBJECTIONS NOT SPECIFICALLY STATED IN THE PRETRIAL ORDER ARE DEEMED WAIVED UNLESS EXCUSED BY THE COURT FOR GOOD CAUSE SHOWN. If an exhibit has been objected to, a copy of the disputed exhibit must be made available for review at the pretrial conference. -2- 9. Counsel Affirmations. Counsel for each party shall affirm: a. b. c. That he or she is aware that exhibits are to be published to the jury by use of the Visual Presenter or a portable data storage device (e.g., flash drive, CD-ROM, etc.) unless consent of this Court is obtained upon a showing of impracticality or prejudice. That he or she is familiar with the operation of the electronic equipment available in the courtroom, or note the date he or she has scheduled with the Electronic Coordinator for the Western District of Louisiana for training. That good faith settlement negotiations have been engaged in within one week prior to the pretrial conference. d. The need, if any, for handicap provisions that are provided by the Court. -3-

=== Boiler Plate Voir Dire-Civil ===

VOIR DIRE 1. 2. I'm going to ask all of you questions concerning your general qualifications to serve as jurors. I will address these questions to you as a whole. If any of you feel an answer is required, raise your hand and the court officer will bring you up to discuss, don't hesitate to speak up. a. b. c. Citizens of Louisiana and Western District of Louisiana for at least one year Able to read, write and understand the English language Over the age of 70 d. Mentally and physically competent - pronounced incapable of handling affairs by court of competent jurisdiction e. f. Criminal charges pending against any of you in this court or any other court Convicted of a felony: State - punishable by imprisonment at Angola Federal - punishable by more than one year in prison or fine of more than $l,000.00 g. Venire is now generally qualified 3. I want each member of the panel to know how greatly the court appreciates your individual sacrifice to come here today as prospective jurors. I hope you will not view your role as inconsequential. The fact is it is terribly important work. The United States Constitution guarantees in a case, such as fixed today, trial by jury comprised of qualified, unbiased citizens. If we were unable to obtain juries across this land and in United States possessions, the government simply could not function under our Constitution and justice would be denied to litigants in this county. We are now ready to pick a jury. 4. I ask each of you to give your name, address and occupation, if married, employment of spouse, children and what they do. 5. Have you ever served on a jury before? 6. 7. Do any of you know each other? Ladies and Gentlemen, the parties are entitled to a fair and impartial jury and I will now ask you certain questions touching on this issue. 8. If any of you should answer any of the following questions "Yes" please raise your hand and, state your number and name. 9. The plaintiff(s) in this case (is) (are) , who live(s) in . (Please rise Mr. ). If any of you are acquainted with the plaintiff(s), please say so. 10. The defendant(s) in this case (is) (are) . If you know the defendant(s) or have any connection with any of the defendant(s)' companies or their stockholders, managers or employees, please say so. 11. Have you ever been employed by either the plaintiff or the defendant or has any member of your immediate family been employed by the plaintiff or defendant or has any member of your immediate family had a relationship or business connection with the plaintiff or defendant? 12. (If any party is a corporation) - Are you an officer, director, stockholder or employee of 13. Do you own any stock or bonds in any of the defendant companies or do you have any 14. 15. financial interest in them? Request counsel to rise and identify themselves. Do you know or are you related by blood or marriage to counsel for any party in this litigation? 16. Have any of the counsel in this case or any members of their firm acted as your attorney in any legal matter or the attorney for any member of your immediate family to your -2- knowledge? 17. In connection with your employment, do you have anything to do with the adjustment of claims or the settlement of claims for damages? Does any member of your immediate family have anything to do with the adjustment of or settlement of claims? 18. Have you or any member of your family ever had a claim against anyone for damages, or has such a claim been asserted against you or your family? (ask each juror that responds individually) If so, what kind of claim? What did it involve? Would that fact influence you in any way in reaching a fair and impartial verdict in this case? 19. List of Potential Witnesses - ask counsel to read their lists. Do you know any of the people whose names were just read out by counsel? 20. Statement of Facts Regarding This Case: This case involves 21. 22. 23. 24. 25. Do you of your own knowledge have any information about the facts of this case? Have you any opinion whatsoever about this case? Have you read anything about this matter coming up for trial or have you heard any discussions concerning it? Has anyone talked to you about the case? If you were one of the parties in this case, do you know of any reason why you would not be content to have the case tried by someone in your frame of mind? 26. If you are selected to sit as a juror in this case, will you be unable or unwilling to render a verdict solely on the evidence presented at the trial and the law as I give it to you in my instructions, disregarding any other ideas, notions or belief about the law you may have encountered in reaching your verdict? -3- 27. Individuals and corporations are entitled to equal treatment under the law - is there any reasons that you can't treat these individual plaintiffs on the one hand and the corporate defendant on the other, as equals? 28. If the damages justify it, would anything prevent you from making a substantial award? Would anything prevent you from making a low award or no award? 29. We all know that sympathy is an admirable quality and if the court instructs you that it has no place in this courtroom and in the trial, do you think that you can keep these qualities out of your deliberation? 30. Have any of you had any injuries in the past? 31. Would you be unable or unwilling to firmly put aside any feelings or sympathy or compassion for plaintiff(s) or defendant(s) and decide this case solely on its merits and according to the law as I will explain it to you? 32. Do you know of any reason why you think that you could not sit in this case and render a just, fair, honest and impartial verdict? 33. This case will last for days. Is there any reason why you will be unable to serve for such a period of time as is necessary to complete this case? 34. Has anyone been contacted about this case or by anyone concerning this case other than the written summons? 35. Does anyone have anything else on their mind which would affect your ability to serve on this jury, and which was not covered by the questions previously asked? If so, please raise your hand. 36. Does anyone have any medical or physical condition that could affect your ability to serve on this jury? -4-

=== Boiler Plate Voir Dire-Criminal ===

CRIMINAL VOIR DIRE First, I am going to ask all of you questions concerning your general qualifications to serve as jurors. I will address these questions to you as a whole. 1. If you are not over the age of eighteen, please raise your hand. 2. If you are not a citizen of the United States, please raise your hand. 3. If you have not resided in the Western District of Louisiana for at least one year, please raise your hand. 4. If you are not able to read, write and understand the English language, please raise your hand. 5. If you are not capable, mentally and physically, of rendering satisfactory jury service (for example, if you have been pronounced incapable of handling your affairs by a court), please raise your hand. 6. If you have any criminal charges pending against you for a violation of state or federal law punishable by imprisonment for more than one year, please raise your hand. 7. If you have ever been convicted of a state or federal crime for which punishment could have been more than one year in prison, and you have not had your civil rights restored, please raise your hand. 8. Venire is now generally qualified. This is a criminal proceeding. The United States Government commences a criminal proceeding by filing an indictment, formally accusing each of the defendants of a crime. Here the Government charges: [HAVE GOV’T READ] At this point I am going to ask each of you to tell us a little bit about yourself. 1. Your full name. 2. Where you live and how long you have lived there. 3. What you do for a living, or what you formerly did if you are retired. 4. What type of work your spouse (if married), partner or children do. 5. Your level of education. 6. Whether you have any hobbies, or what you like to do for entertainment. If any of you would answer any of the following questions "no", please raise your hand. 1. Can you hear and see well? 2. Do you understand that the indictment, that is, the government’s charge against each of the defendants, is not evidence of guilt of any defendant? 3. Do you understand that you cannot draw any inferences of guilt from the mere fact that the government accuses these defendants? 4. Will you refrain from drawing any such inferences? 5. Will you accept and apply the law as given to you by the court and disregard any ideas, or notions you may have, or which you may have, or which you may encounter in reaching your verdict, as to what the law should be or should not be? 6. Will you decide the case solely and only on the evidence adduced in this trial and the law as it is given to you by the court? 7. Will you give each defendant the benefit of the presumption of innocence? 8. Will you require the government to prove the guilt of each of the defendants beyond a reasonable doubt before rendering a verdict of guilty? 9. Would you firmly put aside any feeling of prejudice, sympathy, or passion and decide this case solely on the evidence and the law and render a true verdict without regard to the consequences to the prosecution of these defendants? 10. If the government proves each defendant guilty beyond a reasonable doubt, would you return a verdict of guilty as charged? 11. If you are not convinced that the government has proven each defendant guilty beyond a reasonable doubt, would you hesitate to fulfill your duty as a juror and return to this courtroom with a verdict(s) of not guilty? Now, if any of you would answer any of the following questions "yes", you should raise your hand. 12. Are you related by blood or marriage to, or are you personally acquainted with any defendant? 13. Do you or any members of your immediate family, including those close friends and relatives you might consider as family, have any connection of any kind with any of the defendants? IDENTIFY FOR THE JURORS THE VARIOUS COUNSEL PARTICIPATING IN THE CASE AND INQUIRE: 14. Are you related by blood or marriage, or do you know: a) any of the attorneys appearing in this case? b) the U.S. Attorney, Stephanie Finley, or any of her assistants? c) Any members of any law firm of which defense counsel appearing in the case may be a member? 15. Do you know or have any connections with any of the following persons or entities: [ASK U.S. ATTORNEY TO READ WITNESS LIST] 16. To the best of your knowledge, have you or any member of your immediate family, including those close friends or relatives you might consider as family, ever been counseled by the U.S. Attorney or any of her assistants or any defense attorney or members of the firm of which he or she is a member? 17. Do you, of your own knowledge, know anything at all about the facts of this case? 18. Do you remember having read, seen or heard anything about this case excepting, of course, what you have heard about the case in this court? IF "YES": a) Would the information you have received affect or influence you verdict in any way? b) Could you and would you completely put out of your mind any information you may have received about this case and try it as a fair an impartial juror and render a just verdict solely on the evidence presented and the law as given to you by this Court? 19. Has anyone talked to you about this case or your duties as a juror? IF "YES": a) Would that conversation affect or influence your verdict in any way? b) Could you and would you completely put out of your mind anything you may have been told about this case and try it as a fair and impartial juror and render a just verdict solely on the evidence presented and the law as given to you by this court? 20. Have you an opinion as to the guilt or innocence of any defendant at this time? IF "YES": a) Could you completely set aside that opinion and try this case as a fair and impartial juror and render a just verdict solely on the evidence presented in this case and the law as you receive it from this court? b) Is that opinion such that you would require evidence to be produced to overcome it? 21. Have you ever expressed an opinion as to the guilt or innocence of any defendant? IF "YES": a) Do you still entertain such an opinion? b) Could you completely set aside that opinion and try this case as a fair and impartial juror and render a just verdict solely on the evidence presented in this case and the law as you receive it from this court? c) Is that opinion such that you would require evidence to be produced to overcome it? 22. Have you or any member of your immediate family, including those close friends or relatives you might consider as family, ever been seriously affected by drugs? 23. Have you or any member of your immediate family, including those close friends or relatives you might consider as family, ever been a victim of a crime? 24. Would the fact that you were a victim of a crime impact or influence your decision in this case? 25. Have you ever served as a juror in a criminal or civil case as a member of a grand or petit jury, either in a federal or state court? 26. Have you or any member of your immediate family, including those close friends or relatives you might consider as family, participated in a criminal case either as: a) a complainant? b) witness for the prosecution? c) in any other capacity? 27. Have you or any member of your immediate family ever participated in a criminal case either as: a) a witness for the defense? b) in any other capacity? 28. Are you now or have you ever served as a law enforcement officer? Is any member of your immediate family, including those close friends or relatives you might 29. consider as family, now serving, or have they ever served, as a law enforcement officer? 30. Are you or any member of your immediate family, including those close friends or relatives you might consider as family, now -- or have you or they ever been -- an official or employee of the U.S. Government? 31. Do you or any member of your immediate family, including those close friends or relatives you might consider as family, have any dealings with the United States or any agencies thereof or with the defendant from which you or they may profit? 32. Have you or any member of your immediate family, including those close friends or relatives you might consider as family, ever had or do you now have, or do you presently anticipate having, a dispute with or claim or case against the United States or any defendant? 33. Have you or any member of your immediate family, including those close friends or relatives you might consider as family, been convicted of a crime or pled guilty to a charge of a crime? 34. Do you know of any reason why you may be prejudiced for or against the United States or defendant because of: a) the nature of the charges involved in this case; or any other circumstance. b) Is there anyone here who feels that the defendant is more likely to be guilty just because this 35. case involves [drugs], as opposed to some other type of criminal case? 36. Is there anyone here who believes that by finding these defendants guilty or not guilty in this particular case you will be affecting the problem of crime in general? Do any of you who feel that way think that this belief will affect your verdict in this case? 37. Do you have any belief or opinion that any offense for which each defendant is charged is unique in any respect in the sense that: a) it should be pursued with extraordinary vigor; or b) it should not constitute an offense; or c) or that it carries penalties which you may consider improper? 38. If you were the United States Attorney charged with the responsibility of prosecuting this case or if you were a defendant on trial here today charged with the same offenses or if you were defense counsel, do you know of any reason why you would not be satisfied to have this case tried by someone in your present frame of mind? 39. Does anyone have a religious or moral belief that would prevent you from sitting as a judge of the guilt or innocence of these defendants? In other words, can you be part of the "legal machinery" which may bring about the conviction or acquittal of a person for crimes such as those charged in the indictment? 40. Does anyone have any medical or physical condition that could affect your ability to serve on this jury? 41. Can you think of any other matter which you should call to the court's attention which may have some bearing on your qualifications or competence as a juror? 42. Do you know of any reason, matter or thing that may prevent you from doing your sworn duty to render a fair and impartial verdict based solely upon the evidence adduced in this trial and the law as you receive it in the court's instructions? 43. If a defendant is convicted, it will be the Court's duty and not yours to decide what the punishment will be. Will you be able to set aside any considerations regarding punishment and decide the case based on the facts presented?

=== Guidelines for Submission of Exhibits for Judge Summerhays ===

Guidelines for Submission of Exhibits for District Judge Robert R. Summerhays ALL exhibits must be submitted on a portable data storage device (i.e. flash drive, CD, etc.) and must be submitted in the following format according to these specifications: 1. Portable storage devices should be labeled with the following information: Case Number, Case Name, and Party submitting the device. 2. Please ensure to FLATTEN all PDF documents prior to saving on portable data storage device. 3. Please ensure that each exhibit is less than 50 MB each. If larger than 50 MB, you will need to split the file into smaller portions and name accordingly. 4. Image format should be in *PDF format. If another file format is going to be used, you must first clear it with the Electronic Courtroom Administrator, Brent Norris, to make sure it will work with the Court’s presentation software. Mr. Norris can be reached at (337) 593-5006. 5. Video/Audio Exhibits are required to be on a separate flash drive than the PDF exhibits. 6. SEALED exhibits must be submitted on a separate portable storage device (flash drive) than UNSEALED exhibits. 7. At the end of each trial day, the Courtroom Deputy will confirm what exhibits were admitted with the parties to ensure the information matches. 8. If you have more exhibits after the portable data storage device has been submitted to the court, you may deliver a supplemental device with the additional exhibits. Be sure that the file names for any new exhibits differ from the name of all previously submitted exhibits. 9. Please contact Judge Summerhays’ Courtroom Deputy, Chrissy Craig, should you need any assistance on exhibit submission or Courtroom Technology Training at (337)593-5021 or email [email protected]. *Please use an alpha-numeric naming system when saving your exhibits to the flash drive. Example: P01- Plaintiff's exhibit No.1 P25- Plaintiff's exhibit No.25 D01-Defendant's exhibit No.1 G02- Government’s exhibit No. 2