Instructions; Requirements; SUMMARY JUDGMENTS (Civil Cases): Litigants shall be permitted to file no more than one motion for summary judgment pursuant to Fed. R. Civ. P. 56 without leave of court.; MOTIONS TO CONTINUE (Civil and Criminal Cases): Litigants should file continuance motions no later th

=== Instructions ===

RULE 26(f) REPORT INSTRUCTIONS United States District Judge David C. Joseph 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: If the parties conclude that a case-specific Scheduling Order is required, they must set forth an agreed-upon plan prior to the 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. In all cases, the parties are expected to proceed with the case diligently and expeditiously. 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. 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. 13. 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. 14. 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 2 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. 15. 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. 16. 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. 3

=== Requirements ===

PRETRIAL ORDER REQUIREMENTS United States District Judge David C. Joseph 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 or 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 identifies, 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 identifies, 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 identifies, 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. 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. The need, if any, for handicap provisions that are provided by the Court.

=== SUMMARY JUDGMENTS (Civil Cases): Litigants shall be permitted to file no more than one motion for summary judgment pursuant to Fed. R. Civ. P. 56 without leave of court. ===

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION This Order shall govern all civil actions filed in this Court and assigned to Judge David C. Joseph, unless otherwise ordered by the Court. STANDING ORDER IN CIVIL CASES JUDGE DAVID C. JOSEPH IT IS HEREBY ORDERED that effective immediately, litigants shall be permitted to file no more than one motion for summary judgment pursuant to Fed. R. Civ. P. 56 without leave of Court. All relevant issues and requested relief shall be included in the Rule 56 motion. This Standing Order applies regardless of whether subject motions are fully dispositive or seek only partial judgment. Further, each motion for summary judgment shall comply with Local Rule 7.8 unless leave of court is granted for supporting briefs to exceed 25 pages. Counsel is advised of the Court’s opinion that matters are normally more effectively briefed when they comply with the page limitations in Local Rule 7.8. SIGNED this 11th day of July 2022, in Lafayette, Louisiana. __________________________________ DAVID C. JOSEPH UNITED STATES DISTRICT JUDGE

=== MOTIONS TO CONTINUE (Civil and Criminal Cases): Litigants should file continuance motions no later than 14 days prior to the hearing, conference, or applicable deadline. ===

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION This Order shall govern all civil and criminal actions filed in this Court and assigned to Judge David C. Joseph, unless otherwise ordered by the Court. STANDING ORDER IN CIVIL AND CRIMINAL CASES JUDGE DAVID C. JOSEPH IT IS HEREBY ORDERED that effective immediately, litigants seeking to continue a hearing or conference or to extend any pre-trial deadlines, shall file a motion no later than 14 days in advance of the hearing, conference, or applicable deadline. Absent exigent circumstances, motions that do not comply with this Order will be summarily denied. Further, any such continuance motion shall include the specific amount of time requested and the reasons for the request. SIGNED this 14th day of December 2022, in Lafayette, Louisiana. __________________________________ DAVID C. JOSEPH UNITED STATES DISTRICT JUDGE