Joint Status Report; Civil Pretrial Order

=== Joint Status Report ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA vs. Plaintiff(s), Defendant(s). Case No. JURY DEMANDED: Yes No JOINT STATUS REPORT Pursuant to Federal Rules of Civil Procedure 26(f), a meeting was held on Plaintiff appearing by counsel . and defendant appearing by counsel at . I. Summary of Claims: II. Summary of Defenses: III. Motions Pending: Please include Docket Number, Title of Pleading, and date filed. IV. Are Dispositive Motions Anticipated? If so, describe them. V. Stipulations: A. B. C. D. Jurisdiction Admitted: Venue Appropriate: Facts: Law: Yes Yes No, Explain: No, Explain: Please provide appropriate stipulations of fact and law. “None at this time” is not an appropriate response. VI. Proposed Deadlines: (Good Cause required for any variance from Proposed Scheduling Order) A. Parties to be Added by: B. Proposed Discovery Cutoff Date: C. Fact Witness Lists to be Exchanged by: Last updated April 2023 1 D. Proposed Date for Expert Reports by Plaintiff and Defendant: E. Anticipated number of trial days (excluding jury selection): VII. Fed. R. Civ. P. 26(f) Discovery Plan A. Should any changes be made to the timing, form or requirements for disclosures under Rule 26(a)? ☐ Yes (If yes, explain.) ☐ No B. When were or will initial disclosures under Rule 26(a)(1) be made? Note that pursuant to Rule 26(a)(1), initial disclosures must be made within 14 days after you confer for the purpose of preparing this discovery plan. All parties are under an affirmative duty to (i) comply with the mandatory disclosure requirements, and (ii) notify the Court of any non- disclosure so that the issue can be promptly referred to a magistrate judge for resolution. Failure of any party to disclose information or failure of any party to bring disclosure issues to the Court’s attention in a timely manner may result in sanctions, including prohibiting the use of that information at trial pursuant to Rule 37(c)(1). C. Should discovery be conducted in phases and/or should discovery be limited at this time to particular subject matters or issues? ☐ Yes ☐ No D. Should any changes be made in the limitations on discovery imposed by the Federal Rules of Civil Procedure or the Local Civil Rules? ☐ Yes (If yes, explain.) ☐ No E. Proposed Number of Fact and Expert Depositions: 1. To be allowed for Plaintiff? 2. To be allowed for Defendant? F. Is there a need for any special discovery management order(s) by the Court? ☐ Yes (If yes, explain.) ☐ No VIII. All parties consent to trial before Magistrate Judge? Yes No IX. Settlement Plan (Check one) A. B. Settlement Conference Requested after 20 . Other ADR: (Explain) Last updated April 2023 2 X. Do the parties request that the Court hold a scheduling conference? Yes No A conference will be ordered by the Court if the parties have not consented to trial before the assigned Magistrate Judge. If a conference is NOT requested or ordered by the Court, the Court will, after receiving this report, issue a scheduling order based on the information contained in this report. Read and Approved by: Attorney for Plaintiff Attorney for Defendant Last updated April 2023 3

=== Civil Pretrial Order ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA FORM OF PRETRIAL ORDER (Style of Case) (Case Number) PRETRIAL ORDER Following the pretrial conference held before the Court, IT IS ORDERED: (State date of pretrial and appearance of attorneys) I. This is an action for: (This joint statement of the case should include the nature of the action, designate the parties and list the pleadings that raise the issues. Parties may not submit separate statements of the case.) II. Relief sought: (Set forth an itemization of damages and list other relief sought.) III. Federal jurisdiction is invoked upon the ground: (List the legal authority for jurisdiction and a concise statement of the facts requisite to confer federal jurisdiction.) IV. The following facts are admitted and require no proof: (List each admitted fact, including jurisdictional facts.) V. The reservations as to facts recited in Paragraph IV are as follows: (Set forth any objection reserved by any party as to the admissibility in evidence of any admitted fact and, if desired by any party, limiting the effect of any issue of fact as provided by Fed. R. Civ. P. 36(b), or Admiralty Rule 32 (B)(b) (as the case may be.) VI. The following facts, though not admitted, are not to be contested at trial by evidence to the contrary: (List each.) VII. The case management conference limitations are: (Set forth any limitations agreed upon or ordered by the Court at or after the case management conference, such as a time limit on the length of trial, limitations on the number of expert or other witnesses a party may call, the use of expert narratives and the length thereof, the time allowed for cross and redirect examination of experts called by narrative, limitations on the length of video depositions, time allowances for attorney voir dire (if any), and time limits for opening statements and closing arguments.) 1 VIII. The following issues of law, and no others, remain to be litigated upon the trial: (Set forth a concise statement of each. Attorneys are expected to discuss and agree on which legal issues remain. If agreement cannot be reached after a good faith effort, set out each version in one Pretrial Order.) IX. The following issues of fact, and no others, remain to be litigated upon the trial: (Specify each; a mere general statement will not suffice. Attorneys are expected to discuss and agree on which fact issues remain. If agreement cannot be reached after a good faith effort, set out each version in one Pretrial Order.) X. Exhibits: (Include a list of Joint Exhibits, which have been agreed upon by the parties and will be pre-admitted, and each party’s exhibit list, which shall not include any exhibit included on the Joint Exhibit List. For each exhibit separately listed, include a description sufficient for identification and a statement containing all objections, if any, to the exhibit. For each objection, state the applicable Federal Rule upon which it is based. Any exhibit not listed shall not be admitted without appropriate notice and disclosure of the basis for not being listed, immediate written application for permission to supplement, and such exhibit will be admitted only to avoid manifest injustice. Exhibits lists 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; or (5) pleadings.) XI. The following primary witnesses will be called: (List all witnesses that will be called by the parties in their case in chief with a concise statement as to that which each will testify. Testimony regarding any subject other than that described will not be permitted. Additional primary witnesses will not be allowed to be called to testify, except by order of the Court and in the interest of justice.) XII. The following secondary witnesses might be called: (List all witnesses that the parties do not expect to call, but wish to reserve their right to call for rebuttal or other unexpected purposes. Include a concise statement as to that to which each can testify. Testimony regarding any subject other than that described will not be permitted. Additional secondary witnesses will not be allowed to be called to testify, except by order of the Court and in the interest of justice.) XIII. The possibility of settlement of this case has been explored with the following results: (Set forth whether the case probably will settle, the case may settle or there is no possibility it will settle.) 2 XIV. The following motions are pending: (List all pending motions, the corresponding filing dates and whether the motion disposes of any issue of law.) XV. The parties estimate the total trial time to be ______ days. XVI. 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. DATED this _____ day of __________, 202__. GERALD L. JACKSON United States Magistrate Judge Approved as to form and content: Attorney for Plaintiff(s) Attorney for Defendant(s) 3