Judge Bough’s Clerkship Hiring Practices; Notice Regarding Political Donations; Procedures as to Proposed Scheduling Orders - SRB; Civil Example Juror Questionnaires - SRB; Civil Scheduling and Trial Orders for Jury Trials - SRB; Civil Rules of Trial for Jury Trials - SRB; Civil Scheduling and Trial

=== Judge Bough’s Clerkship Hiring Practices ===

Judge Bough will begin taking clerkship applications again in January 2027. To apply, law school students should have at least three semesters of grades on their transcript. Judge Bough requires candidates to submit the following: resume; cover letter; writing sample; two recommendations (which can be submitted separately/later); and unofficial transcript. Clerkship applications can either be emailed to Judge Bough at [email protected], or sent via traditional first class mail. Judge Bough typically hires term law clerks for a two-year clerkship. Currently, Judge Bough’s next opening is for a term law clerk position beginning in August 2028.

=== Notice Regarding Political Donations ===

Judge Bough’s spouse is a non-partisan elected official. It is possible that a litigant or lawyer appearing before Judge Bough may have donated to her campaign. Pursuant to judicial ethics guidance, this Court may limit the time frame in which campaign contributions will be considered as a reason to question Judge Bough’s impartiality under Canon 3C(1) of the Code of Conduct for United States Judges. Any party shall notify the Court within thirty (30) days from the date of the issuance of the Court’s Order Setting Deadlines for Filing of Joint Proposed Scheduling Order and for Rule 26(f) Conference if it intends to seek recusal based on a donation to the campaign of Judge Bough’s spouse within the last 5 years.

=== Procedures as to Proposed Scheduling Orders - SRB ===

The Honorable Stephen R. Bough United States District Court Western District of Missouri Procedures as to Proposed Scheduling Orders As provided in Fed. R. Civ. P 26(f) and Local Rule 26.1(a), the parties shall meet to discuss settlement, make or arrange for disclosures required by Fed. R. Civ. P. 26(a)(1) and develop a proposed discovery plan as required by Fed. R. Civ. P. 26(f). This meeting shall take place no later than 14 days before the proposed scheduling order is due. Discovery shall commence immediately after this Rule 26(f) conference is held. The parties will be responsible for filing one, joint Proposed Scheduling Order, signed by both parties. The Proposed Scheduling Order should include: 1. 2. 3. 4. 5. 6. Trial date: A proposed trial date. a. Indicate the length of time required for trial. b. State whether trial will be jury trial or bench trial. Proposed date for adding parties. Proposed date for amending the pleadings. Discovery completion date. Dates for designating expert witnesses. Dispositive motion filing deadline. On CM/ECF, this document should be filed in your case under Other Filings – Other documents – Proposed Scheduling Order. The following chart provides guidance as to Judge Bough’s expectations for some of your proposed dates as mentioned above. Time before trial 4 months before discovery completion deadline 6 months before trial Matter Designation of Experts Discovery Completion Dispositive Motions deadline 4-5 months before trial 4-5 months before trial Daubert Motion deadline Teleconference with Court to Automatically set 4-6 weeks before trial discuss status of settlement negotiations Pretrial Date Trial Date Automatically set 2-3 weeks before trial Typically 120 days after the deadline for filing dispositive motions For details regarding deadlines set relative to the pretrial conference date and trial date, as well as general procedures to be followed when practicing in this division, please refer to the sample scheduling order provided on Judge Bough’s webpage at www.mow.uscourts.gov/judges/bough.html.

=== Civil Example Juror Questionnaires - SRB ===

NAME:____________________________JURORQUESTIONNAIREThankyouforcomingtocourtasapotentialjuror.Thequestionsonthisformaredesignedtohelpthecourtandthelawyerslearnsomethingaboutyourbackgroundandyourviewsonissuesthatmayberelatedtothiscase.Thequestionsarenotaskedtoinvadeyourprivacy,buttomakesurethatyoucanbeafairandimpartialjuror.Thisquestionnairewillremainconfidentialandwillonlybesharedwiththelawyers,thejudge,andcourtstaff.Youshouldanswerthequestionscarefullyandcompletely.Pleasedonotleaveanyquestionsblank.Ifaquestiondoesnotapplytoyou,simplywriteN/A(forNotApplicable)inthespacefortheanswer.Ifthereisnoresponsetoaquestion,wewillassumethatyoumistakenlyskippeditandmayaskyouaboutitincourt.PleaseDONOTwriteonthebackofanypage.Ifyouneedmoreroom,continueatthebottomorsideofthepageoronablankpage.Youmaybeaskedfollow-upquestionslatertoclarifyyouranswers.Iftherearequestionsthatyouwouldfeelmorecomfortableansweringinprivate,simplywrite"private"inthespaceprovidedforyouranswerandcirclethequestionnumber.Anyfollow-upquestionsonthattopicwillbeheldoutofthepresenceoftheotherjurors.Ifyouhavetroublereading,understanding,orfillingoutthisform,pleaseletthecourtclerkknow.PLEASEREMEMBERTHATYOUAREANSWERINGTHESEQUESTIONSUNDERPENALTYOFPERJURY.YOURANSWERSMUSTBETRUEANDCOMPLETE.1.City/Townwhereyoulive:_____________________________2.Whatisyourhighestlevelofeducationandwhatyeardidyougraduate?_______________________________3.Whatisyouroccupation(orwhatwasyourlatestoccupationifyouareretiredunemployed,ordisabled)?____________________________________________________________________________________________________________________________________________________________________________________4.Haveyoueverownedyourownbusiness?Yes_____No_____IfYes,pleasedescribethetypeofbusiness,thenumberofemployeesandthelengthoftimethebusinessisorwasowned:____________________________________________________________________________________________________________________________________________________________________________________5.Haveyouvisitedanyofthefollowingestablishments:____BlueMooseBar&Grill(PrairieVillage,KS)____BlueMooseBar&Grill(Lenexa,KS)____Stroud’s(OverlandPark,KS)____TheViewatBriarcliff(KansasCity,MO)____BlueMooseBar&Grill(KansasCity,MO)____Barley’sBrewhaus(Shawnee,KS)____MooseTruckFoodTruck____O’Dowd’sGastrobar(KansasCity,MO)____Hy-VeeArena(KansasCity,MO)IfYes,whenwasthelasttimeyouvisitedeachestablishmentyouidentified?__________________________________________________________________________________________________________________Case4:20-cv-00437-SRBDocument188-1Filed10/12/21Page1of4 2Also,haveyouhadanycateringdoneforyoubyHoppsCateringofOverlandPark,Kansas?Yes____No____IfYes,whendidthathappen?________________________________________________________________6.HaveyouorafamilymembereverworkedfortheCincinnatiInsuranceCompanyoranyaffiliatedcompanies?Yes___No___IfYes,pleasedescribethenatureoftheposition:____________________________________________________________________________________________________________________________7.Haveyouoralovedoneeverworkedforanyinsurancecompany?Yes____No____IfYes,pleasedescribethenatureoftheposition:___________________________________________________________________________________________________________________________________________8.Haveyoueversuedsomeoneorbeensuedbysomeone?Yes____No____IfYes,pleasedescribethetypeofcase,thelocationofthesuit,andtheoutcome:__________________________________________________________________________________________________________________________________________________________________________________________________________9.Areyoupresentlybeingtreatedforamedicalconditionthatcouldaffectyourabilitytositasajuror?Yes____No____IfYes,pleasedescribe:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________10.HaveyouorafamilymembertestedpositivefortheSARS-CoV-2(COVID-19)virus?Yes____No____11.HaveyoubeenvaccinatedagainsttheSARS-CoV-2(COVID-19)virus?Yes____No____12.DoyoubelievepeopleshouldwearmaskswhileindoorstoprotectagainstthetransmissionofSARS-CoV-2(COVID-19)?Yes____No____13.Howmuchdoyoudisagreeoragreewiththefollowingopinions?Circleanumberbetween1and4.StronglyAgreeAgreeDisagreeStronglyDisagreeTherearetoomanylawsuitsinoursociety.1234Lawsuitsarecostingusalltoomuch.1234Peopleinoursocietytodayaretooreadytosue.1234Corporationscanneverbetrusted.1234Juryawardsaretoohigh.1234Case4:20-cv-00437-SRBDocument188-1Filed10/12/21Page2of4 314.Whattelevisionnewsdoyouregularlywatch?(Circleasmanyasapply.)ABCnetworkBBCCBSNetworkCNNFoxNetworkMSNBCNBCNetworkOANNNoneOthers(list):_____________________________________________________________15.Whatradio/internettalkshows/podcastsdoyoulistento?____________________________________________________________________________________________________________________________________16.Ifyouorafamilymembersufferedlossbecauseofthefaultofanother,wouldyousue?Yes_____No_____Itdepends_____Pleaseexplainyouranswer:__________________________________________________________________________________________________________________________________________________________________________17.Haveyouorafamilymemberevermadeaclaimagainstaninsurancecompanythatwasresolvedwithouttheneedtofilealawsuit?Yes_____No_____IfYes,pleaseexplain:________________________________________________________________________________________________________________________________________________18.Haveyouorafamilymembereverworkedinarestaurant?Yes___No___IfYes,pleaseidentifytherestaurantandthepositionorpositionsyouheldthere:_________________________________________________________________________________________________________________19.HaveyouorafamilymembereverworkedforKCHoppsoranyofitsaffiliatedbarsorrestaurants?Yes___No___IfYes,pleaseidentifythebarorrestaurant,yearsofemploymentandpositionsheld:_________________________________________________________________________________________________20.Wethinkthistrialwilllastoneweek.Isthereanyreasonwhyyoucouldnotattendaoneweektrial?Ifso,why?_____________________________________________________________________________21.Aftercompletingthisquestionnaire,doyouknowofanyreasonatall(forexample,religious,emotional,political,orpersonal)thatwouldmakeitdifficultforyoutobeafairandimpartialjurorinthiscase?Yes_____No_____Ifyes,pleaseexplain:________________________________________________________________________________________________________________________________________________________________Case4:20-cv-00437-SRBDocument188-1Filed10/12/21Page3of4 4Ideclareunderpenaltyofperjury,thatthepreviousanswersaretrueandcorrecttothebestofmyknowledge.ExecutedintheCountyofJackson,MissourionOctober___,2021._____________________________________SIGNATURECase4:20-cv-00437-SRBDocument188-1Filed10/12/21Page4of4 Agreed Juror Questionnaire The questionnaire below has been approved by the Court and will be filled out by each prospective juror. To select jurors, the Court and the parties require certain information. This form is designed to save time and assist the Court and the parties to move forward as quickly as possible. Please answer the questions below honestly and completely. This information will be kept confidential and will not be used for any other purpose except to select a jury. Please print all answers legibly. If you need extra space to write in answers, please use the blank space on the final page. Please DO NOT write on the back of any page. 1. 2. Name: ________________________________ Juror #: _____________ Age: _________ 3. What city and county do you live in? ________________________________ 4. How would you describe the area where you live? ___ Urban ___Suburban ___Rural 5. What is the highest level of education you completed? Middle school/Some high school High school graduate Technical / Trade School Graduate Some college Junior College/Associates Degree 4- Yr. College Graduate Post-graduate work Post-Graduate Degree If you attended school past high school/GED, what was your area(s) of study? _____________________________________________________________ 6. Please list all groups or organizations in which you participate or are a member (e.g., political or civic organizations, church or church groups, professional organizations, volunteer activities, social or charitable groups, neighborhood groups, or self-help groups). _________________________________________________________________ _________________________________________________________________ 7. Have you ever held any leadership positions in any of these organizations? ___Yes ___No 8. What is your current employment status? Working full-time Full-time student Unemployed, not looking Unemployed, looking for work time Working part-time Disabled Homemaker Retired (when:_______________) 9. If currently employed: (If retired, unemployed, homemaker, OR a full-time student, please answer regarding your last job) What is your current or most recent occupation:_____________________________ By whom are/were you employed:_______________________________________ For how long:____________ 10. Please list your previous four occupations and indicate how many years you worked in each. _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ 11. Have you ever had the authority to hire, fire, discipline, and/or supervise others at work? ___Yes ___No If YES, what is the largest number of people you supervised at one time? _____ 12. What is your marital status? (If divorced, please check divorced, not single.) 2 Single and never married Currently married Living with significant other Divorced/separated Single, but married in the past Widowed 13. What is your spouse/partner’s occupation and employer? (If not applicable, please write “N/A”) _____________________________________________________________ 14. Do you have any children or stepchildren? ___Yes ___No If YES please complete the following for each child or stepchild: Age: _____ _____ _____ _____ _____ Level of Education: ________________ ________________ ________________ ________________ ________________ Occupation or Grade: _______________________ _______________________ _______________________ _______________________ _______________________ 15. Have you ever worked for a company that used automated technologies for processing or manufacturing? Yes, and I learned something about these technologies in the course of my work Yes, but my job there had nothing to do with these technologies No 3 16. Have you ever worked with any sort of food processing or slicing equipment? ___Yes ___No If YES, what were the names of the equipment manufacturers and models? (If you don’t remember, please write “I don’t remember.”) _____________________________________________________________ 17. Do you have hobbies, and if so, what are they? _____________________________________________________________ 18. Have you, a family member, or a close friend ever invented or created anything, applied for or been named as an inventor on a patent, or owned a copyright, trademark, or other form of intellectual property? ___ Yes ___ No If YES please explain: _____________________________________________________________ _____________________________________________________________ 19. Have you or someone close to you ever been in a dispute or litigation over intellectual property (such as a patent, copyright, or an idea)? ___ Yes ___ No If YES please explain: _____________________________________________________________ _____________________________________________________________ 4 20. Have you or an employer ever owned patents, copyrights, or trademarks? ___ Yes ___ No ___ Unsure If YES please explain: _____________________________________________________________ _____________________________________________________________ 21. Do you have any positive or negative opinions of the US Patent Office? ___ Yes ___ No If YES please explain: _____________________________________________________________ _____________________________________________________________ 22. Please indicate what, if any, prior juror experience you have had. Civil or Criminal Nature of case (e.g., robbery or personal injury) When/Where? Foreperson (Yes/No) Did jury reach a verdict? (Mark yes or no) 1 2 3 4 5 23. Have you, an immediate family member, or a close friend ever filed, been a witness in, or been sued in a lawsuit? ___ Yes ___ No If YES please explain: _____________________________________________________________ _____________________________________________________________ 24. Do you, a family member, or close friend have any relationship with, affiliation with, personal knowledge of, or employment experience with any of the following law firms, lawyers, companies, or individuals listed below, either now or in the past? Law Firms Yes No Husch Blackwell LLP Willkie Farr & Gallagher LLP Levy Craig Law Firm Sterne Kessler Goldstein & Fox PLLC Companies Yes No Provisur Technologies, Inc. Formax, Inc. Weber, Inc. Weber Maschinenbau 6 GMBH Breidenbach Weber Maschinenbau GMBH Neubrandenburg Textor, Inc. Textor Maschinenbau GMBH Other Individuals Yes No Albrecht, Terrense Bialey, Jurgen Blocher, Harmut Cissell, Gregg Cohen, Mel Dahlman, Richard Danak, Rahul Davis, Julie L. Duesterhaus, Kevin Goodin, Rich Green, Jason Hormel, Caudia Howard, William 7 Jackowski, Nicholas Koelewyn, Rudy Kucklick, Frederick C. Kurfess, Thomas R. Leistner, Matthias Lindee, Scott Lowden, Mark McCarroll, Jarrod Miera, Jason Nichau, Marco Nielsen, Viggo Radcliffe, Heather Reinholtz, Charles Rother, Ingo Sandberg, Brian Schaub, Joachim Schmeiser, Jorg Scriven, Scott Stratenwerth, Gerd Stroner, Russel Thomas, Vincent 8 Valerdi, Ricardo Vorst, Keith Weber, Tobias White, John Wight, Ernest William Wolcott, Tom Zecher, Steffen 25. Do you have any opinions, positive or negative, of any of the law firms, companies, or individuals listed above? ___ Yes ___ No If YES please explain: _____________________________________________________________ 26. Do you have any education, training, or experience in the following areas? a. The law or court system ___ Yes b. Engineering ___ Yes c. Food processing ___ Yes d. Accounting ___ Yes e. Computer science ___ Yes f. Mechanics ___ Yes g. Carpentry ___ Yes h. Farming ___ Yes ___ No ___ No ___ No ___ No ___ No ___ No ___ No ___ No If YES please explain: _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ 9 27. Provisur Technologies, Inc. is based in Chicago, and the Weber and Textor companies are based in Kansas City, MO, and Germany. Is there anything about the fact that the companies are based in Chicago, Kansas City, MO, and Germany that would cause you to favor one or some over the others? ___ Yes ___ No If YES please explain: _____________________________________________________________ _____________________________________________________________ 28. Do you have any feelings toward large companies or corporations? ___ Yes ___ No If YES please explain: _____________________________________________________________ _____________________________________________________________ 29. Do you have any feelings about senior corporate executives? ___ Yes ___ No If YES please explain: _____________________________________________________________ _____________________________________________________________ 30. Do you have any philosophical, moral, ethical, or religious beliefs that would cause you to have difficulty serving as a juror? ___ Yes ___ No If YES please explain: 10 _____________________________________________________________ _____________________________________________________________ 31. Is there any matter that has not been covered by this questionnaire concerning any subject that you feel you should mention at this time that might affect your ability to serve as a juror in this case? ___ Yes ___ No If YES please explain: _____________________________________________________________ _____________________________________________________________ 11 ADDITIONAL AREA FOR EXPLANATION OF ANSWERS 12 13 Juror Name: Juror Number: JUROR QUESTIONNAIRE Please read these instructions carefully before you fill out the questionnaire. This questionnaire is part of the jury selection process. Your answers will be used by the judge and attorneys to help select a qualified jury. Please take as much time as you need to complete this questionnaire. It is extremely important that you answer all of the questions yourself—honestly and completely. There are no “right” or “wrong” answers. All answers are given under penalty of perjury. If you have trouble understanding or filling out this questionnaire, please let the court clerk know. Some of your answers may require follow-up questions in open court by the judge or by the attorneys. You may find some questions to be sensitive and you may prefer not to discuss your answers in open court. If you find any question(s) sensitive, please do not answer the question(s) and simply write “PRIVATE” in the space provided for the answer. Please do not write on the back of any page. If you need additional space for your answers, use the blank space provided on the last page of the questionnaire. From this moment forward, until you are dismissed as a juror in this matter, you are instructed by the Court not to discuss anything about this case with anyone, even your spouse or significant other. You are instructed not to research any news or information about this case or anything related to it, or communicate anything about this case, by any means, including the internet, social media, radio, newspapers, discussions with others, or in any other manner. Thank you for your jury service, Judge Stephen R. Bough 1 SUPPLEMENTAL JUROR QUESTIONNAIRE JUROR # Please Print Your Name: 1. Age: 2. Gender: 3. Race/Ethnicity: 4. What county and city or town do you reside in? 5. Do you currently Rent or Own your home or Live with others and do not pay rent 6. What is the highest level of education you have completed, and what degrees/diplomas have you earned? 7. If you attended school past high school, what were your main areas of study? 8. Are you: (please check all that apply) Employed Full Time Employed Part Time Homemaker Disabled Retired for years  Working more than one job Full Time Student Part Time Student Unemployed (looking for work) Unemployed (not looking for work) 9. Please indicate your current occupation, job duties, and employer. (If retired, indicate prior job.) 10. Please indicate what other types of jobs you have had during the last 10 years: 11. Have you ever worked in a job where part or all of your pay was based on commission? YES NO If YES, please describe: 12. What do you do in your spare time? 2 13. Have you or someone close to you ever owned a business? YES NO If YES, please identify the person and describe the business, including years of operation. 14. What is your current marital status? Single (never married) Married Living with partner (not married) Widowed Divorced Separated If you are married or have a significant other, please list that person’s current occupation and employer, and highest level of education: 15. What is the major source of news for you? 16. How much time do you spend on social media sites (such as Facebook, Instagram, Snapchat, Twitter/X, TikTok, etc.)? I do not use any social media sites I do not use them daily Less than 1 hour per day   1-3 hours per day More than 3 hours per day 17. Have you ever worked or trained in the field of real estate, such as working as a real estate agent or broker, or for a real estate agency or company? YES NO If YES, please explain the type of real estate work, the names of any real estate company involved, and when, and where you worked in the area of real estate: 18. Do you have a close friend or family member who has ever worked or trained in the field of real estate, such as working as a real estate agent or broker, or for a real estate agency or company? YES NO If YES, please explain your relationship to the person, and the type of real estate work, the names of any real estate company involved, and when, and where they worked in the area of real estate: 19. Have you, or a close friend or family member, ever been a member of the National Association of REALTORS® (NAR)? YES - Self YES – Close Friend or Family Member NO 20. Have you ever had a positive or negative experience with any trade association? YES NO If YES, please explain and include the name the trade association: 3 21. Do you have a strong opinion about trade associations in general or about a specific trade association? YES, about trade associations in general YES, about a specific trade association NO If YES, please explain. 22. Have you ever sold a home? YES NO If YES, please answer the following: a) Year(s) you sold a home or homes: b) City and State c) Did you use a real estate agent to list or sell your home? YES NO If YES, please indicate name of agent and the name of agency or broker: If YES, please describe your positive or negative experiences with the agent: d) Was the buyer of your home represented by a real estate agent ? YES NO UNSURE e) Did you ever sell a home without a real estate agent such as “for sale by owner”? YES NO Explain why or why not: 23. Have you ever bought a home? YES NO If YES, please answer the following: a) Year(s) you bought a home or homes: b) City and State c) Did you use a real estate agent to purchase a new home? YES NO If YES, please indicate name of agent and the name of agency or broker: If YES, please describe your positive or negative experiences with the agent: d)Did your real estate agent: Find the home Negotiate the price Facilitate inspections, closing, paperwork Other: e) Did you ever buy a home without the use of a real estate agent? YES NO Explain why or why not: 4 24. Have you ever owned a house, a building or other real estate property in a foreign country? (check all that apply) YES, a house YES, a building YES, other real estate property     NO, but I have lived in a foreign country NO, but I have traveled to foreign countries NO, and I have never been a foreign country If YES to any of the above which foreign country/countries? 25. What are your opinions about class action lawsuits? Unfavorable Neutral Favorable Explain: 26. Have you ever been involved in a court proceeding? YES NO If YES, please describe: a) Were you satisfied with the outcome? YES NO No outcome b) Is there anything about that experience that would prevent you from being fair in this case? YES NO 27. Have you ever had any prior jury service (federal or state or grand jury)? YES NO If YES: a) How many times were for civil cases? #_______ How many times were for criminal cases? #_______ b) What were the cases about? c) Have you ever been the foreperson? YES, # of times:______ NO d) Did the jury reach a verdict in every case? YES NO e) Is there anything about your prior jury experience that would prevent you from being fair in this case? YES NO Once a jury is selected, this trial is expected to begin on October 16, 2023, and last approximately 3 weeks. Court sessions will last from approximately 8:30 am until 5:00 pm each day, with regular breaks approximately every 90 minutes, and a 60 minute break for lunch. 28. Do you wish to apply to the Court to be excused on the grounds that jury service in this case would be a serious hardship to you? YES NO If YES, please explain: 5 29. Does your employer pay you for time missed as a result of jury service? YES NO UNSURE* *If you are unsure, please find out before you return to court for jury selection questioning. 30. Do you have hearing difficulties not corrected by a hearing aid? YES NO 31. Do you have trouble seeing even with glasses or contacts? YES NO KNOWLEDGE OF CASE This is an antitrust case. It is brought by the plaintiffs on behalf of certain individuals who sold residential property in the Kansas City, St. Louis, Springfield, and Columbia areas. The five defendants are the National Association of REALTORS®, which is a real estate industry trade association, and the following Corporate Defendants: Keller Williams Realty, Inc.; and HomeServices of America, Inc., and its subsidiaries BHH Affiliates, LLC, and HSF Affiliates, LLC. 32. From news media, conversations with others, or any other source, have you read, seen, or heard anything about this case or similar cases involving the real estate industry? YES NO If YES, please describe what you have read, seen, or heard: 33. What sources have provided you with any information about this case? 34. Have you ever had a personal or professional relationship with any of the following, who are class representatives involved in this case? (check all that apply)  Rhonda Burnett  Jerod Briet  Jeremy Keel  Hollee Ellis  Francis Harvey If YES to any of the above, please indicate how you know them and your relationship to them: 6 35. Have you ever had a personal, business, or professional relationship with any of the following companies or organizations: (check all that apply)  National Association of Realtors (NAR)  Keller Williams Realty, Inc.  HomeServices of America, Inc.  BHH Affiliates, LLC  HSF Affiliates, LLC  Anywhere Real Estate, Inc. (formerly Realogy Holdings Corporation)  RE/MAX, LLC If you checked any of the above, please answer the following: a) Have you had any especially positive or negative experience(s) with any of them? YES NO If YES, which one(s)? b) Have you recently heard or read anything about any of them? YES NO If YES which one(s), what have you heard or read, and what is the source of your information? c) Do you have an opinion or feeling about any of them? YES NO If YES, which one(s) and what is your opinion or feeling? Please review the list of names and organizations on the following pages and answer this final question: 36. Have you ever had a personal, business, or professional relationship with any of the named individuals, companies, or organizations? YES NO UNSURE If YES, or UNSURE, please indicate in the space below who you know, or may know, and how you are or may be familiar with them and the nature of your relationship. With my signature below, I solemnly swear or affirm that all answers herein are true, correct and complete. Signature: Date: 7 Please review the following list and circle any of the individuals, companies or organizations named with which you have ever had a personal, business, or professional relationship, and then answer the final question on the previous page. Thank you! Plaintiff’s Counsel Law firms Ketchmark & McCreight, P.C. Boulware Law, LLC Williams, Dirks & Dameron, LLC Michael Ketchmark Ben Fadler Michael Williams Matt Dameron Attorneys Scott McCreight Brandon Boulware Eric Dirks Jeremy Suhr Defendants’ Counsel Law Firms Lathrop GPM, LLP Holland & Knight Cooley LLP Stinson, LLP Attorneys Scott E. Murray Patrick J. Sanders Jennifer M. Keas Brian C. Fries David C. Kully Jennifer Lada Martin G. Durkin, Jr. David R. Buchanan Ethan Glass Georgina Inglis Sarah Topol Deepti Bansal Jack R. Bierig John S. Purcell Robert J. Wierenga Charles W. Hatfield Barack Echols MacGill, P.C. Foley & Lardner, LLP Brown & James, PC ArentFox Schiff, LLP Robert D. MacGill Matthew T. Ciulla Jay N. Varon Jean Paul Bradshaw, II Timothy Ray Anna P. Hayes Dina W. McKenney William F. Farley Taylor L. Connolly Samantha Strauss Beatriz Mejia Anne Bigler Elizbeth Wright Jacob K. Danzinger Molly Wiltshire Suzanne L. Wahl Alexander C. Barrett 8 APPENDIX A Century 21 Real Estate, LLC Armstrong Teasdale, LLP Sotheby’s International Realty Horn Aylward & Bandy, LLC Coldwell Banker Real Estate, LLC Karrie Clinkinbeard Corcoran Group ERA Real Estate ReeceNichols Better Homes And Gardens Real Estate, LLC Ryan Hendrickson Roger Alford Gino Blefari Karri Callahan Jon Coile Michelle Figgs Rene Galicia Kevin Goffstein Ryan Gorman Ashley Kelm Marc King Meredith Maples Cliff Niersbach Jay Papasan John Peyton Craig Schulman Stefan Swanepoel Rasalie Warner Lawrence Wu Megan J. Ochs Danne W. Webb Andrea S. McMurtry Scott Burnett Scott Trupiano Nick Bailey Sarah Butler Brian Cannan Jen Davis Mike Frazier Rodney Gansho Bob Goldberg Gary Keller Darrell King David Liniger Sharon Millett Linda O’Connor Ron Peltier Todd Reynolds Dana Strandmo Cary Sylvester Krista Wilson Sarah Young 9 ADDITIONAL COMMENTS (Please mark your responses to reflect the question number you are responding to. Thank you!) 10 JUROR QUESTIONNAIRE The questionnaire below has been approved by the Court and will be filled out by each prospective juror. To select jurors, the Court and the parties require certain information. This form is designed to save time and assist the Court and the parties to move forward as quickly as possible. Please answer the questions below honestly and completely. This information will be kept confidential and will not be used for any other purpose except to select a jury. Please print all answers legibly. If you need extra space to write in answers, please use the blank space on the final page. Please DO NOT write on the back of any page. 1. Name: _____________________________________ Juror #:__________________ 2. Age: ____________ Gender: _____________ Race:_______________ 3. What city and county do you live in? __________________________________ 4. How would you describe the area where you live?  Urban  Suburban  Rural 5. What is the highest level of education you completed?  Middle school / Some high school  Some college  High school graduate / GED  Four-year college graduate  Junior college /Associates degree  Some college  Technical / Trade school graduate  Post-graduate degree If you attended school past high school / GED, what was your area(s) of study? 6. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 7. Please list all groups or organizations in which you participate or are a member (e.g., political or civic organizations, church or church groups, professional organizations, volunteer activities, social or charitable groups, neighborhood groups, or self-help groups). ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 8. Have you ever held any leadership positions in any of these organizations?  Yes  No 9. What is your current employment status?  Working Full-time  Unemployed, looking for work  Full-time student  Working Part-time  Unemployed, not looing  Disabled  Homemaker  Retired (when: ________________) 10. If currently employed: (If retired, unemployed, homemaker, OR a full-time student, please answer regarding your last job) What is your current or most recent occupation:__________________________ ________________________________________________________________ By whom are/were you employed:____________________________________ ________________________________________________________________ For how long:_____________________________________________________ Describe your job duties: ___________________________________________ ________________________________________________________________ - 2 - 11. Please list your last four occupations and indicate how many years you worked in each. 1. ____________________________ Years: ___________ 2. ____________________________ Years: ___________ 3. ____________________________ Years: ___________ 4. ____________________________ Years: ___________ 12. Have you or someone else close to you ever owned a business?  Yes  No If YES, please identify the person and describe the business, including years of operation. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 13. What is your current marital status?  Single (never married)  Widowed  Married  Divorced  Living with partner (not married)  Separated 14. If you are married or have a significant other, please list that person’s current occupation and employer, and highest level of education: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 15. Do you have any hobbies, and if so, what are they? ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ - 3 - 16. Do you or your family own or operate a farm?  No  Yes If YES, please identify the kind of farm, size of farm, who owns the farm, and how long you or your family has owned the farm. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 17. Have you ever owned, operated, or worked on heavy machinery or farm equipment (e.g., tractors, loaders, skidsteers, backhoes, dump trucks, etc.)?  Yes  No If YES, please explain your experience. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 18. Have you ever owned or operated equipment that used/uses hydraulic fluid of any kind?  Yes  No If YES, please explain your experience. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 19. Have you ever been trained in the repair of hydraulic systems or tractors of any kind?  Yes  No If YES, please explain your experience. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ - 4 - 20. Have you ever used or purchased tractor hydraulic fluid?  Yes  No If YES, please explain your experience. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 21. Have you ever purchased a “303” or “yellow bucket” hydraulic fluid? (e.g., Super S Super Trac 303, Super S 303, CAM2 Promax 303, CAM2 303, MileMaster 303, Carquest 303, Lubriguard 303, Napa 303, Coastal 303)?  Yes  No 22. Have you ever purchased a Smitty’s Supply, Inc. or CAM2 International, LLC product (e.g., Engine oil, Gear oil, Transmission fluid, Antifreeze, Hydraulic fluid?)  Yes  No  Unsure If YES, please identify the Smitty’s Supply, Inc. and CAM2 International, LLC products you have purchased. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ - 5 - 23. Have you ever been involved in a court proceeding?  Yes  No If YES, please describe: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ a) If YES, were you satisfied with the outcome?  Yes  No  No Outcome b) Is there anything about that experience that would prevent you from being fair in this case?  Yes  No 24. Have you ever been involved in a court proceeding, settlement, or claims process involving “303” or “yellow bucket” tractor hydraulic fluid?  Yes  No If YES, please describe: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ - 6 - 25. Please indicate what, if any, prior juror experience you have had. Civil or Criminal? Nature of Case (e.g., robbery, personal injury) When / Where? Foreperson? (Yes/No) Did jury reach a verdict? (Yes/No) 1 2 3 4 26. Have you, an immediate family member, or a close friend ever filed, been a witness in, or been sued in a lawsuit?  Yes  No - 7 - 27. Do you, a family member, or close friend have any relationship with, affiliation with, personal knowledge of, or employment experience with any of the following law firms, lawyers, companies, or individuals listed below, either now or in the past? Mark an “X” next to “Yes” or “No.” Law Firms Yes No Companies Other Individuals Yes No - 8 - 28. Do you have any opinions, positive or negative, of any of the law firms, companies, or individuals listed above?  Yes If YES, please explain:  No ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 29. Do you have any education, training, or experience in the following areas? The law or court system  Yes  Yes Engineering Equipment/tractor repair  Yes  Yes Accounting  Yes Chemistry/fluid formulation Mechanics Farming Marketing If YES, please explain:  Yes  Yes  Yes  No  No  No  No  No  No  No  No ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 30. Have you ever had a personal, business, or professional relationship with any of the following companies or organizations: (check all that apply)  Petroleum Quality Institute of America (PQIA)  Petroleum Trends International, Inc (PTI)  Independent Lubricants Manufacturers Association (ILMA)  Missouri Department of Agriculture (MDA)  National Conference of Weights and Measures (NCWM)  Tractor Supply Company  Orscheln Farm and Home, LLC  Rural King Holdings, LLP  Atwoods Distribution, L.P. If you checked any of the above, please answer the following: - 9 - a. Have you had any especially positive or negative experience(s) with any of them?  Yes  No If YES, which one(s)? ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ b. Have you recently heard or read anything about any of them?  Yes  No If YES which one(s), what have you heard or read, and what is the source of your information? ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ c. Do you have an opinion or feeling about any of them?  Yes  No If YES, which one(s) and what is your opinion or feeling? ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 31. KNOWLEDGE OF CASE: This is a class action case involving claims of negligence, breach of implied warranty and Missouri Merchandising Practices Act arising out of the manufacture and sale of CAM2 Promax 303 Tractor Hydraulic Fluid which was manufactured by Smitty’s Supply Inc. and sold by CAM2 International, L.L.C. a. From news media, conversations with others, or any other source, have you read, seen, or heard anything about this case or similar cases involving tractor hydraulic fluid?  Yes  No - 10 - b. If YES, please describe what you have read, seen, or heard: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ c. What sources have provided you with any information about this case? ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 32. What is the major source of news for you? ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 33. How much time do you spend on social media sites (such as Facebook, Instagram, Snapchat, Twitter/X, TikTok, etc.)?  I do not use any social media sites  I do not use them daily  Less than 1 hour per day  1-3 hours per day  More than 3 hours per day 34. Do you have any philosophical, moral, ethical, or religious beliefs that would cause you to have difficulty serving as a juror?  Yes If YES, please explain:  No ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 35. Is there any matter that has not been covered by this questionnaire concerning any subject that you feel you should mention at this time that might affect your ability to serve as a juror in this case?  Yes  No - 11 - If YES, please explain: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ - 12 - ADDITIONAL AREA FOR EXPLANATION OF ANSWERS __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ - 13 - __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ - 14 -

=== Civil Scheduling and Trial Orders for Jury Trials - SRB ===

THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI DIVISION , , Plaintiff(s), v. Defendant(s). Case No.: XX-CV-XXXXX-SRB SCHEDULING AND TRIAL ORDER FOR JURY TRIAL Pursuant to Fed. R. Civ. P. 16(b) and 26(f), and upon consideration of the parties’ proposals in the matter, the following schedule is hereby established: 1. TRIAL SETTING. This case is scheduled for a jury trial, commencing at 8:30 a.m. on , at the United States District Courthouse in , Missouri. 2. PRETRIAL CONFERENCE. A final pretrial conference in this case will be held at a.m./p.m. (CST) on , at the United States District Courthouse in , Missouri. Lead trial counsel shall participate in this conference. 3. MOTION TO AMEND PLEADINGS. Any motion to amend the pleadings shall be filed on or before . 4. MOTION TO JOIN ADDITIONAL PARTIES. Any motion to join additional parties shall be filed on or before . 5. DISCOVERY. a. DISCOVERY DEADLINES. All pretrial discovery authorized by the Federal Rules of Civil Procedure shall be . (“Closure Date”). This means that all completed on or before discovery shall be completed, not simply submitted, on the Closure Date. Accordingly, all discovery requests and depositions shall be submitted and/or scheduled prior to the Closure Date and allow sufficient time for completion within the time specified by the Federal Rules of Civil Procedure, the Local Court Rules, and/or orders of this Court. Discovery shall not be conducted after the Closure Date, except by Order of the Court for good cause shown. Nothing contained herein shall excuse a party from the continuing obligation to update discovery responses in accordance with Fed. R. Civ. P. 26(e). b. DISCOVERY MOTIONS. The Court will not entertain any discovery motion absent full compliance with Local Rule 37.1. In the event that a teleconference is needed, email your request to the Courtroom Deputy at [email protected]. A memorandum of the discovery dispute, not to exceed two pages in length, should be electronically submitted by each party no later than twenty-four hours prior to the teleconference. c. EXPERT DESIGNATION DEADLINES. Plaintiff shall designate any expert witnesses he intends to call at trial on or before . Defendants shall designate any expert witnesses they intend to call at . This paragraph applies to all witnesses from whom trial on or before expert opinions will be elicited at trial, regardless of whether the witness was specially retained to provide trial testimony. Each party shall ensure compliance with Fed. R. Civ. P. 26(a)(2)(B) at the time of the party’s expert witness designations. Expert witnesses may testify only as to matters contained in the report required by Rule 26(a)(2)(B), unless leave of Court is granted upon good cause shown. With respect to treating physicians, coroners and like professionals not retained to testify for a party, the report requirements of this Order may be satisfied by providing a copy of all the treating physician’s files, records and notes relating to the treating physician’s patient to the opposing party. For the purpose of this paragraph, a “treating physician” is a doctor (including psychiatrist, dentist or other practitioner of the healing arts) retained by a party prior to retaining counsel in this matter. A treating physician will not be allowed to give expert testimony beyond the treatment provided by said physician unless designated as an expert. A treating physician who will provide expert testimony beyond the treatment provided by said physician must further comply with the requirements of this Order. 6. DISPOSITIVE MOTION DEADLINE. All dispositive motions, except those under Rule 12(h)(2) or (3), shall be filed on or before . All dispositive motions shall have a separate section wherein each statement of fact is individually numbered so that any party opposing such motion may refer specifically to a genuine issue of material fact. Suggestions in opposition to a dispositive motion shall begin with a concise listing of material facts as to which the party contends a genuine dispute exists. All motions for summary judgment shall comply with Local Rules 7.0 and 56.1. 7. DAUBERT MOTION DEADLINE: All motions to strike expert designations or preclude expert testimony premised on Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), shall be filed on or before . The deadline for filing motions in limine does not apply to these motions. Failure to file a Daubert motion prior to this deadline will constitute waiver of any arguments based on Daubert. 8. PRETRIAL CONFERENCE DOCUMENT DEADLINES. The documents listed below shall be filed prior to the pretrial conference. a. Motions in Limine. Motions in limine shall be filed at least ten (10) business days prior to the final pretrial conference. Responses to motions in limine shall be filed at least three (3) business days prior to the final pretrial conference. In order to ensure efficient use of trial time, the parties are encouraged to file motions in limine relating to key evidentiary issues. b. Stipulation of Uncontroverted Facts. At least three (3) business days prior to the final pretrial conference, the parties may file a stipulation of any uncontroverted facts. c. Witness List. At least ten (10) business days prior to the final pretrial conference, each party shall file and serve a list of all witnesses who may be called to testify at trial. If a witness is not listed by a party, that witness will not be permitted to testify absent leave of Court and then only for the purpose of unanticipated rebuttal or impeachment. d. Exhibit Index. At least five (5) business days prior to the final pretrial conference, each party shall file and serve an exhibit index of all exhibits that may be offered at trial. If an exhibit is not listed by a party, that exhibit will not be admitted absent leave of Court. The exhibit index should be prepared on a form provided by the Clerk’s office that can be found at https://www.mow.uscourts.gov/forms/district. e. Each exhibit will be designated as either “Plaintiff’s” or “Defendant’s,” numbered with a Roman numeral, and described following the enumeration. If an exhibit consists of more than one (1) page or part, the number of pages or parts shall be included in the description. The exhibit number must be marked on each exhibit at the time of listing. It is not necessary to include exhibits to be used only for impeachment or rebuttal purposes. After the time for filing the exhibit index has expired, no supplemental or amended index will be filed without leave of Court for good cause shown. f. Stipulation as to the Admissibility of Evidence. At least three (3) business days prior to the final pretrial conference, the parties shall file a stipulation as to the admissibility of evidence, listing the exhibits for which authenticity and foundation are not contested. g. Designation of Deposition Testimony. Fifteen (15) business days prior to the final pretrial conference, each party shall file and serve a designation, by page and line number, of any deposition testimony to be offered in evidence by that party. h. Objections to Designated Deposition Testimony and Counter Designation. At least ten (10) business days prior to the final pretrial conference, each party shall file and serve: i. Any objections to proposed deposition testimony designated by any other party; and ii. A designation, by page and line number, of any deposition testimony to be offered as counter-designation to deposition testimony designated by other parties. i. Objections to Counter Designations. At least seven (7) business days prior to the final pretrial conference, each party shall file and serve any objections to proposed deposition testimony offered as a counter-designation by other parties. j. Submission of Deposition Designations. At least seven (7) business days prior to the final pretrial conference, the Court should receive deposition designations in the following manner: i. The parties are to jointly submit one mini-script copy of each designated deposition. ii. Each party is to highlight the portion of the deposition they want to designate, including counter-designations. iii. Each party should use a different highlight color to indicate their designations (for example, plaintiff uses yellow; defendant uses blue). iv. Each party should also indicate their objections on the actual deposition by bracketing those portions in the margin of the deposition, again using a different color to indicate the portion to which each party objects. v. Each party should submit to the Court a Word version document of the Objections to Deposition Designations that the party filed in CM/ECF. Send that [email protected]. email via to the Courtroom Deputy at k. Jury Instructions. i. At least ten (10) business days prior to the final pretrial conference, the parties shall jointly file an original (without sources) set and an annotated (with sources) set of proposed jury instructions. Proposed instructions shall reflect the authorities upon which the instruction is based and should be taken from or drawn in the manner of Model Civil Jury Instructions for the District of Courts of the Eighth Circuit and/or Missouri Approved Instructions (MAI) where available and appropriate. All instructions shall be designated as Instruction No. . ii. The Court prefers to receive joint instructions from the parties. Separate instructions are appropriate only when the parties cannot agree upon a specific instruction. In that instance, the parties shall jointly submit the instructions upon which they agree. Each party shall submit its proposed version of the instructions upon which the parties do not agree, along with a written objection to the other party’s version. iii. The instructions should also be submitted to the Court electronically, in Word format. Instructions should be sent via email to the Courtroom Deputy at [email protected]. 9. TRIAL DOCUMENT DEADLINES AND TRIAL PROCEDURE. a. Trial Brief. At least five (5) business days prior to trial, counsel for each party may file a trial brief stating the party’s factual and legal contentions in the case. The trial brief should address any important evidentiary issues. b. Jury Statement. At least five (5) business days prior to trial, counsel for each party shall agree upon a statement to be read to the jury setting forth the background of the case and the claims to be asserted. This statement will be read to the jury panel prior to voir dire. The jury statement shall be emailed in Word format to the Courtroom Deputy at [email protected]. c. The Court may place time limits on opening statements, and direct and cross- examination of all witnesses. Counsel should be prepared to support their representations as to the length of trial. 10. MISCELLANEOUS. a. All motions for extension of time pursuant to Fed. R. Civ. P. 6(b), 31, 33, 34, or 36 should be filed at least seven (7) days before the date of the original deadline and must state: i. The date when the pleading, response, or other action is/was first due; ii. The number of previous extensions and the date the last extension expires; iii. The cause for the requested extension, including a statement as to why the action due has not been completed in the allotted time; and iv. Whether the requested extension is approved or opposed by opposing counsel (agreement by counsel of a requested extension is not binding on the Court). b. All motions requesting leave to depart from Local Rule 4.01(D)’s page limitation must state: i. The number of previous requests for leave; ii. The particular reason for the request for leave, including a specific statement as to why the action due cannot be completed within the allotted page limit; and iii. Whether the request for leave is approved or opposed by opposing counsel (agreement by counsel of a request for leave is not binding on the Court). c. The parties should not submit proposed orders in conjunction with routine motions, e.g. motions for extension of time and motions to modify the scheduling order. The parties shall submit proposed orders in conjunction with all motions, other than dispositive motions, in which a specific, substantive ruling is sought by the Court, e.g. motions for entry of consent judgment, motions for temporary restraining order, motions for entry of a preliminary injunction, and motions for entry of a protective order. Such proposed orders shall be emailed in Word format to the Courtroom Deputy at [email protected]. d. The final pretrial conference date and trial date shall be changed only by leave of Court. e. Any questions about this scheduling order or the procedures to be followed when practicing in this division should be directed to the Courtroom Deputy, Tracey D. Peters, at [email protected]. IT IS SO ORDERED. Dated: STEPHEN R. BOUGH UNITED STATES DISTRICT JUDGE NOTE: This document provides a sample of what Judge Bough’s Scheduling Order will look like when issued to the parties. This document is not to be used as the parties’ proposed scheduling order that is submitted for the Court’s review. The parties’ proposed scheduling order should be signed by both parties and should not contain a signature line for Judge Bough.

=== Civil Rules of Trial for Jury Trials - SRB ===

THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI ________________ DIVISION _________________________, Plaintiff(s), Case No.: XX-CV-XXXXX-SRB v. _________________________, Defendant(s). RULES OF JURY TRIAL 1. Court will normally convene at 8:30 a.m. and recess at or near 5:00 p.m. Counsel and the parties should be in the courtroom by 8:00 a.m. on each day of trial in order to take up any matters that need to be addressed before the jury is brought in at 8:30 a.m. The parties may expect morning, lunch, and afternoon breaks at appropriate times. 2. Unless excused by the Court, counsel and all participants at counsel table shall: (a) stand as Court is opened, recessed, or adjourned; (b) stand when the jury enters and retires from the courtroom; (c) address all remarks, other than examination of a witness, to the Court instead of to opposing counsel; and (d) avoid disparaging personal remarks toward opposing counsel. 3. Except in unusual circumstances, counsel should stand when addressing the Court, being addressed by the Court, or examining a witness. See Local Rule 83.3(a). 4. Counsel will conduct voir dire. Voir dire is typically concluded by noon on the first day of trial. At the conclusion of the questioning, the jury will be excused and each side may move to strike for cause. Plaintiff’s strikes will be made first, and then defendant’s strikes will be made. The panel will be recalled and the jury will be seated and sworn. 5. Absent good cause shown, opening statements will be limited to thirty (30) minutes for each side. 6. Visual aid or exhibits may be used during an opening statement. Opposing counsel must be shown the visual aid or exhibit prior to the use of the item during the opening statement. 7. During the course of trial, each party shall notify opposing counsel of all witnesses it intends to call the following day. The parties should be prepared to have a witness ready to testify immediately following the conclusion of testimony of another witness. 8. The interrogation of each witness shall consist of: (1) direct examination; (2) cross- examination; (3) redirect examination. No further questioning will be permitted except by leave of Court in extraordinary circumstances. 9. Only one (1) counsel per party may examine a witness. See Local Rule 83.3(b). 10. Counsel may approach a witness for any legitimate purpose without requesting permission to do so. However, witnesses shall be interrogated from a reasonable distance and shall not be badgered. 11. If a podium is provided, counsel may use it, but are not required to do so. However, counsel will not be allowed to intrude into the jury’s space. Furthermore, no paper, object or hands of counsel shall be placed on the railing in front of the jury box. 12. When making an objection, counsel should say only “objection” plus the legal reason for the objection (i.e., leading, hearsay, etc). If objecting counsel desires to give reasons for the objection or if an opposing counsel desires to oppose the objection, counsel shall request leave to approach the bench. Objections to evidence should be made only by counsel handling the witness. Objections during opening statements or closing arguments should be made only by counsel making the opening statement or closing argument. 2 13. After counsel questions an expert witness about his/her qualifications, do not ask the Court to declare the witness an expert. 14. Counsel shall treat adverse witnesses and parties with fairness and consideration. No abusive language or offensive personal references will be tolerated. 15. Visible reactions to a witness’s testimony, counsel’s presentation, or Court ruling (such as facial or body gestures) are inappropriate. 16. Do not converse with your client or co-counsel in a manner that your conversation may be heard by the jury. 17. The length of closing arguments will be established during the instruction conference. 18. Instructions will be read to the jury before closing arguments. Each juror will be given a copy of the instructions after closing arguments for use during deliberations. 19. After the jury retires, counsel for each party shall assemble all of the exhibits and keep them available in the courtroom. Counsel and their clients should remain in the courthouse and advise the Court’s staff where they will be located while the jury is deliberating. 20. After the jury is dismissed, counsel for each party must take possession of his/her exhibits from the courtroom deputy and sign the receipt at the bottom of the exhibit list. 21. If the parties have any kind of daily transcript or realtime requests during the trial, they must contact the Court Reporter, Gayle Wambolt, one month before the start of trial at [email protected]. IT IS SO ORDERED. DATE: ___________ 3 /s/ Stephen R. Bough STEPHEN R. BOUGH, JUDGE UNITED STATES DISTRICT COURT

=== Civil Scheduling and Trial Orders for Non-Jury Trials - SRB ===

THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI DIVISION , , Plaintiff(s), v. Defendant(s). Case No.: XX-CV-XXXXX-SRB SCHEDULING AND TRIAL ORDER FOR BENCH TRIAL Plaintiff appears by counsel. Defendant appears by counsel. Pursuant to Fed. R. Civ. P. 16(b) and 26(f), and upon consideration of the parties’ proposals in the matter, the following schedule is hereby established: 1. TRIAL SETTING. This case is scheduled for a bench trial, commencing at 8:30 a.m., on , at the United States District Courthouse in Missouri. 2. PRETRIAL CONFERENCE. A final pretrial conference in this case will be held at : a.m./p.m., on , at the United States District Courthouse in , Missouri. Lead trial counsel shall participate in this conference. 3. MOTION TO AMEND PLEADINGS. Any motion to amend the pleadings shall be filed on or before . 4. MOTION TO JOIN ADDITIONAL PARTIES. Any motion to join additional parties shall be filed on or before . 5. DISCOVERY a. DISCOVERY DEADLINE. All pretrial discovery authorized by the Federal Rules of Civil Procedure shall be completed on or before (“Closure Date”). This means that all discovery shall be completed, not simply submitted, on the Closure Date. Accordingly, all discovery requests and depositions shall be submitted and/or scheduled prior to the Closure Date and allow sufficient time for completion within the time specified by the Federal Rules of Civil Procedure, the Local Court Rules, and/or orders of this Court. Discovery shall not be conducted after the Closure Date, except by Order of the Court for good cause shown. Nothing contained herein shall excuse a party from the continuing obligation to update discovery responses in accordance with Fed. R. Civ. P. 26(e). b. DISCOVERY MOTIONS. The Court will not entertain any discovery motion absent full compliance with Local Rule 37.1. In the event that a teleconference is needed, email your request to the Courtroom Deputy at [email protected]. A memorandum of the discovery dispute, not to exceed two pages in length, should be electronically submitted by each party no later than twenty-four hours prior to the teleconference. c. EXPERT DESIGNATION DEADLINES. Each plaintiff shall designate any expert witnesses it intends to call at trial on or . Each defendant shall designate any expert witnesses before it intends to call at trial on or before . This paragraph applies to all witnesses from whom expert opinions will be elicited at trial, regardless of whether the witness was specially retained to provide trial testimony. Each party shall ensure compliance with Fed. R. Civ. P. 26(a)(2)(B) at the time of the party’s expert witness designations. Expert witnesses may testify only as to matters contained in the report required by Rule 26(a)(2)(B), unless leave of Court is granted upon good cause shown. With respect to treating physicians, coroners and like professionals not retained to testify for a party, the report requirements of this Order may be satisfied by providing a copy of all the treating physician’s files, records and notes relating to the treating physician’s patient to the opposing party. For the purpose of this paragraph, a “treating physician” is a doctor (including psychiatrist, dentist or other practitioner of the healing arts) retained by a party prior to retaining counsel in this matter. A treating physician will not be allowed to give expert testimony beyond the treatment provided by said physician unless designated as an expert. A treating physician who will provide expert testimony beyond the treatment provided by said physician must further comply with the requirements of this Order. 2 6. DISPOSITIVE MOTION DEADLINE. All dispositive motions, except those under Rule 12(h)(2) or (3), shall be filed on or before . All dispositive motions shall have a separate section wherein each statement of fact is individually numbered so that any party opposing such motion may refer specifically to a genuine issue of material fact. Suggestions in opposition to a dispositive motion shall begin with a concise listing of material facts as to which the party contends a genuine dispute exists. All motions for summary judgment shall comply with Local Rules 7.0 and 56.1. 7. DAUBERT MOTION DEADLINE: All motions to strike expert designations or preclude expert testimony premised on Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), shall be filed on or before . The deadline for filing motions in limine does not apply to these motions. Failure to file a Daubert motion prior to this deadline will constitute waiver of any arguments based on Daubert. 8. PRETRIAL CONFERENCE DOCUMENT DEADLINES. The documents listed below shall be filed prior to the pretrial conference. a. Motions in Limine. Motions in limine shall be filed at least ten (10) business days prior to the final pretrial conference. Responses to motions in limine shall be filed at least three (3) business days prior to the final pretrial conference. In order to ensure efficient use of trial time, the parties are encouraged to file motions in limine relating to key evidentiary issues. b. Stipulation of Uncontroverted Facts. At least three (3) business days prior to the final pretrial conference, the parties may file a stipulation of any uncontroverted facts. c. Witness List. At least ten (10) business days prior to the final pretrial conference, each party shall file and serve a list of all witnesses who may be called to testify at trial. If a witness is not listed by a party, that witness will not be permitted to testify absent leave of Court and then only for the purpose of unanticipated rebuttal or impeachment. 3 d. Exhibit Index. At least five (5) business days prior to the final pretrial conference, each party shall file and serve an exhibit index of all exhibits that may be offered at trial. If an exhibit is not listed by a party, that exhibit will not be admitted absent leave of Court. The exhibit index should be prepared on a form provided by the Clerk’s office that can be found at https://www.mow.uscourts.gov/forms/district. Each exhibit will be designated as either “Plaintiff’s” or “Defendant’s,” numbered with a Roman numeral, and described following the enumeration. If an exhibit consists of more than one (1) page or part, the number of pages or parts shall be included in the description. The exhibit number must be marked on each exhibit at the time of listing. It is not necessary to include exhibits to be used only for impeachment or rebuttal purposes. After the time for filing the exhibit index has expired, no supplemental or amended index will be filed without leave of Court for good cause shown. e. Stipulation as to the Admissibility of Evidence. At least three (3) business days prior to the final pretrial conference, the parties shall file a stipulation as to the admissibility of evidence, listing the exhibits for which authenticity and foundation are not contested. f. Designation of Deposition Testimony. Fifteen (15) business days prior to the final pretrial conference, each party shall file and serve a designation, by page and line number, of any deposition testimony to be offered in evidence by that party. g. Objections to Designated Deposition Testimony and Counter Designation. At least ten (10) business days prior to the final pretrial conference, each party shall file and serve: i. Any objections to proposed deposition testimony designated by any other party; and ii. A designation, by page and line number, of any deposition testimony to be offered as counter-designation to deposition testimony designated by other parties. h. Objections to Counter Designations. At least seven (7) business days prior to the final pretrial conference, each party shall file and serve any objections to proposed deposition testimony offered as a counter-designation by other parties. i. Submission of Deposition Designations. At least seven (7) business days prior to the final pretrial conference, the Court should receive deposition designations in the following manner: i. The parties are to jointly submit one mini-script copy of each designated deposition. 4 ii. Each party is to highlight the portion of the deposition they want to designate, including counter-designations. iii. Each party should use a different highlight color to indicate their designations (for example, plaintiff uses yellow; defendant uses blue). iv. Each party should also indicate their objections on the actual deposition by bracketing those portions in the margin of the deposition, again using a different color to indicate the portion to which each party objects. v. Each party should submit to the Court a Word version document of the Objections to Deposition Designations that the party filed in CM/ECF. Send at via [email protected]. the Courtroom Deputy email that to 9. TRIAL DOCUMENT DEADLINES AND TRIAL PROCEDURE. a. Trial Brief. At least five (5) business days prior to trial, counsel for each party shall file a trial brief stating the party’s factual and legal contentions in the case. The trial brief should address any important evidentiary issues. b. Trial Procedure. The Court may place time limits on opening statements, and direct and cross-examination of all witnesses. Counsel should be prepared to support their representations as to the length of trial. c. Proposed Findings of Fact and Conclusions of Law. No more than 15 days after completion of the trial transcript, each party shall file proposed findings of fact and conclusions of law referencing specific exhibits and/or trial testimony supporting each finding of fact. Each party shall submit its proposed findings and conclusions via at [email protected]. the Courtroom Deputy in Word format email to 10. MISCELLANEOUS. a. All motions for extension of time pursuant to Fed. R. Civ. P. 6(b), 31, 33, 34, or 36 should be filed at least seven (7) days before the date of the original deadline and must state: i. The date when the pleading, response, or other action is/was first due; ii. The number of previous extensions and the date the last extension expires; iii. The cause for the requested extension, including a statement as to why the action due has not been completed in the allotted time; and 5 iv. Whether the requested extension is approved or opposed by opposing counsel (agreement by counsel of a requested extension is not binding on the Court). b. All motions requesting leave to depart from Local Rule 7.0(f) page limitation must state: i. The number of previous requests for leave; ii. The particular reason for the request for leave, including a specific statement as to why the action due cannot be completed within the allotted page limit; and iii. Whether the request for leave is approved or opposed by opposing counsel (agreement by counsel of a request for leave is not binding on the Court). c. The parties should not submit proposed orders in conjunction with routine motions, e.g. motions for extension of time and motions to modify the scheduling order. The parties shall submit proposed orders in conjunction with all motions, other than dispositive motions, in which a specific, substantive ruling is sought by the Court, e.g. motions for entry of consent judgment, motions for temporary restraining order, motions for entry of a preliminary injunction, and motions for entry of a protective order. Such proposed orders shall be emailed in Word format to the Courtroom Deputy at [email protected]. d. The dispositive motion date, final pretrial conference date, and trial date shall be changed only by leave of Court. e. Any questions about this scheduling order or the procedures to be followed when practicing in this division should be directed to the Courtroom Deputy, Tracey Peters, at [email protected]. IT IS SO ORDERED. Dated: STEPHEN R. BOUGH UNITED STATES DISTRICT JUDGE NOTE: This document provides a sample of what Judge Bough’s Scheduling Order will look like when issued to the parties. This document is not to be used as the parties’ proposed scheduling order that is submitted for the Court’s review. The parties’ proposed scheduling order should be signed by both parties and should not contain a signature line for Judge Bough. 6

=== Civil Rules of Trial for Non-Jury Trials - SRB ===

THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI ________________ DIVISION _________________________, Plaintiff(s), Case No.: XX-CV-XXXXX-SRB v. _________________________, Defendant(s). RULES OF BENCH TRIAL 1. Court will normally convene at 8:30 a.m. and recess at or near 5:00 p.m. The parties may expect morning, lunch, and afternoon breaks at appropriate times. 2. Unless excused by the Court, counsel and all participants at counsel table shall: (a) stand as Court is opened, recessed, or adjourned; (b) address all remarks, other than examination of a witness, to the Court instead of to opposing counsel; and (c) avoid disparaging personal remarks toward opposing counsel. 3. Except in unusual circumstances, counsel should stand when addressing the Court, being addressed by the Court, or examining a witness. See Local Rule 83.3(a). 4. Absent good cause shown, opening statements will be limited to thirty (30) minutes for each side. 5. Visual aid or exhibits may be used during an opening statement. Opposing counsel must be shown the visual aid or exhibit prior to the use of the item during the opening statement. 6. Only one (1) counsel per party may examine a witness. See Local Rule 83.3(b). 7. Counsel may approach a witness for any legitimate purpose without requesting permission to do so. However, witnesses shall be interrogated from a reasonable distance and shall not be badgered. 8. 9. If a podium is provided, counsel may use it, but are not required to do so. Counsel shall treat adverse witnesses and parties with fairness and consideration. No abusive language or offensive personal references will be tolerated. 10. Visible reactions to a witness’s testimony, counsel’s presentation, or Court ruling (such as facial or body gestures) are inappropriate. 11. Do not converse with your client or co-counsel in a manner that your conversation may be heard by the Court. 12. All exhibits utilized at trial as part of a party’s presentation of evidence, regardless of whether admitted or not, must be kept available for use by other parties during the remainder of the trial. 13. Absent good cause shown, closing arguments will be limited to thirty (30) minutes for each side. 14. If the parties have any kind of daily transcript or realtime requests during the trial, they must contact the Court Reporter, Gayle Wambolt, one month before the start of trial at [email protected]. IT IS SO ORDERED. /s/ Stephen R. Bough STEPHEN R. BOUGH, JUDGE UNITED STATES DISTRICT COURT Date: _____________________ 2

=== Civil Scheduling and Trial Orders for Advisory-Jury Trials - SRB ===

THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI DIVISION , , Plaintiff(s), v. Defendant(s). Case No.: XX-CV-XXXXX-SRB SCHEDULING AND TRIAL ORDER Pursuant to Fed. R. Civ. P. 16(b) and 26(f), and upon consideration of the parties’ proposals in the matter, the following schedule is hereby established: 1. TRIAL SETTING. This case is scheduled for trial, commencing at 8:30 a.m. on , at the United States District Courthouse in , Missouri. 2. PRETRIAL CONFERENCE. A final pretrial conference in this case will be held at a.m./p.m. (CST), at the United States District Courthouse in , Missouri in Courtroom 7B. Lead trial counsel shall participate in this conference. 3. MOTION TO AMEND PLEADINGS. Any motion to amend the pleadings shall be filed on or before . 4. MOTION TO JOIN ADDITIONAL PARTIES. Any motion to join additional parties shall be filed on or before . 6. DISCOVERY a. DISCOVERY DEADLINE. All pretrial discovery authorized by the Federal Rules of Civil Procedure shall be completed on or before (“Closure Date”). This means that all discovery shall be completed, not simply submitted, on the Closure Date. Accordingly, all discovery requests and depositions shall be submitted and/or scheduled prior to the Closure Date and allow sufficient time for completion within the time specified by the Federal Rules of Civil Procedure, the Local Court Rules, and/or orders of this Court. Discovery shall not be conducted after the Closure Date, except by Order of the Court for good cause shown. Nothing contained herein shall excuse a party from the continuing obligation to update discovery responses in accordance with Fed. R. Civ. P. 26(e). b. DISCOVERY MOTIONS. The Court will not entertain any discovery motion absent full compliance with Local Rule 37.1. In the event that a teleconference is needed, email your request to the Courtroom Deputy at [email protected]. A memorandum of the discovery dispute, not to exceed two pages in length, should be electronically submitted by each party no later than twenty-four hours prior to the teleconference. c. EXPERT DESIGNATION DEADLINES. Each plaintiff shall designate any expert witnesses it intends to call at trial on or . Each defendant shall designate any expert witnesses it before intends to call at trial on or before . This paragraph applies to all witnesses from whom expert opinions will be elicited at trial, regardless of whether the witness was specially retained to provide trial testimony. Each party shall ensure compliance with Fed. R. Civ. P. 26(a)(2)(B) at the time of the party’s expert witness designations. Expert witnesses may testify only as to matters contained in the report required by Rule 26(a)(2)(B), unless leave of Court is granted upon good cause shown. With respect to treating physicians, coroners and like professionals not retained to testify for a party, the report requirements of this Order may be satisfied by providing a copy of all the treating physician’s files, records and notes relating to the treating physician’s patient to the opposing party. For the purpose of this paragraph, a “treating physician” is a doctor (including psychiatrist, dentist or other practitioner of the healing arts) retained by a party prior to retaining counsel in this matter. A treating physician will not be allowed to give expert testimony beyond the treatment provided by said physician unless designated as an expert. A treating physician who will provide expert testimony beyond the treatment 2 provided by said physician must further comply with the requirements of this Order. 7. DISPOSITIVE MOTION DEADLINE. All dispositive motions, except those under Rule 12(h)(2) or (3), shall be filed on or before . All dispositive motions shall have a separate section wherein each statement of fact is individually numbered so that any party opposing such motion may refer specifically to a genuine issue of material fact. Suggestions in opposition to a dispositive motion shall begin with a concise listing of material facts as to which the party contends a genuine dispute exists. All motions for summary judgment shall comply with Local Rules 7.0 and 56.1. 8. DAUBERT MOTION DEADLINE: All motions to strike expert designations or preclude expert testimony premised on Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), shall be filed on or before . The deadline for filing motions in limine does not apply to these motions. Failure to file a Daubert motion prior to this deadline will constitute waiver of any arguments based on Daubert. 9. PRETRIAL CONFERENCE DOCUMENT DEADLINES. The documents listed below shall be filed prior to the pretrial conference. a. Motions in Limine. Motions in limine shall be filed at least ten (10) business days prior to the final pretrial conference. Responses to motions in limine shall be filed at least three (3) business days prior to the final pretrial conference. In order to ensure efficient use of trial time, the parties are encouraged to file motions in limine relating to key evidentiary issues. b. Stipulation of Uncontroverted Facts. At least three (3) business days prior to the final pretrial conference, the parties may file a stipulation of any uncontroverted facts. c. Witness List. At least ten (10) business days prior to the final pretrial conference, each party shall file and serve a list of all witnesses who may be called to testify at trial. If a witness is not listed by a party, that witness will not be permitted to testify absent leave of Court and then only for the purpose of unanticipated rebuttal or impeachment. 3 d. Exhibit Index. At least five (5) business days prior to the final pretrial conference, each party shall file and serve an exhibit index of all exhibits that may be offered at trial. If an exhibit is not listed by a party, that exhibit will not be admitted absent leave of Court. The exhibit index should be prepared on a form provided by the Clerk’s office that can be found at https://www.mow.uscourts.gov/forms/district. Each exhibit will be designated as either “Plaintiff’s” or “Defendant’s,” numbered with a Roman numeral, and described following the enumeration. If an exhibit consists of more than one (1) page or part, the number of pages or parts shall be included in the description. The exhibit number must be marked on each exhibit at the time of listing. It is not necessary to include exhibits to be used only for impeachment or rebuttal purposes. After the time for filing the exhibit index has expired, no supplemental or amended index will be filed without leave of Court for good cause shown. e. Stipulation as to the Admissibility of Evidence. At least three (3) business days prior to the final pretrial conference, the parties shall file a stipulation as to the admissibility of evidence, listing the exhibits for which authenticity and foundation are not contested. f. Designation of Deposition Testimony. Fifteen (15) business days prior to the final pretrial conference, each party shall file and serve a designation, by page and line number, of any deposition testimony to be offered in evidence by that party. g. Objections to Designated Deposition Testimony and Counter Designation. At least ten (10) business days prior to the final pretrial conference, each party shall file and serve: i. Any objections to proposed deposition testimony designated by any other party; and ii. A designation, by page and line number, of any deposition testimony to be offered as counter-designation to deposition testimony designated by other parties. h. Objections to Counter Designations. At least seven (7) business days prior to the final pretrial conference, each party shall file and serve any objections to proposed deposition testimony offered as a counter-designation by other parties. i. Submission of Deposition Designations. At least seven (7) business days prior to the final pretrial conference, the Court should receive deposition designations in the following manner: i. The parties are to jointly submit one mini-script copy of each designated deposition. 4 ii. Each party is to highlight the portion of the deposition they want to designate, including counter-designations. iii. Each party should use a different highlight color to indicate their designations (for example, plaintiff uses yellow; defendant uses blue). iv. Each party should also indicate their objections on the actual deposition by bracketing those portions in the margin of the deposition, again using a different color to indicate the portion to which each party objects. v. Each party should submit to the Court a Word version document of the Objections to Deposition Designations that the party filed in CM/ECF. Send at to via [email protected]. the Courtroom Deputy email that j. Instructions For Advisory Jury. i. At least ten (10) business days prior to the final pretrial conference, the parties shall jointly file an original (without sources) set and an annotated (with sources) set of proposed instructions. Proposed instructions shall reflect the authorities upon which the instruction is based and should be taken from or drawn in the manner of Model Civil Jury Instructions for the District of Courts of the Eighth Circuit and/or Missouri Approved Instructions (MAI) where available and appropriate. All instructions shall be designated as Instruction No. . ii. The Court prefers to receive joint instructions from the parties. Separate instructions are appropriate only when the parties cannot agree upon a specific instruction. In that instance, the parties shall jointly submit the instructions upon which they agree. Each party shall submit its proposed version of the instructions upon which the parties do not agree, along with a written objection to the other party’s version. iii. The instructions should also be submitted to the Court electronically, in Word format. Instructions should be sent via email to the Courtroom Deputy at [email protected]. 10. TRIAL DOCUMENT DEADLINES AND TRIAL PROCEDURE. a. Trial Brief. At least five (5) business days prior to trial, counsel for each party shall file a trial brief stating the party’s factual and legal contentions in the case. The trial brief should address any important evidentiary issues. b. Advisory Jury Statement. At least five (5) business days prior to trial, counsel for each party shall agree upon a statement to be read to the advisory jury setting 5 forth the background of the case and the claims to be asserted. This statement will be read to the advisory jury panel prior to voir dire. The statement shall be emailed in Word format to the Courtroom Deputy at [email protected]. c. Trial Procedure. The Court may place time limits on opening statements, and direct and cross-examination of all witnesses. Counsel should be prepared to support their representations as to the length of trial. d. Proposed Findings of Fact and Conclusions of Law. No more than 15 days after completion of the trial transcript, each party shall file proposed findings of fact and conclusions of law referencing specific exhibits and/or trial testimony supporting each finding of fact. Each party shall submit its proposed findings and conclusions via at [email protected]. the Courtroom Deputy in Word format email to 11. MISCELLANEOUS. a. All motions for extension of time pursuant to Fed. R. Civ. P. 6(b), 31, 33, 34, or 36 should be filed at least seven (7) days before the date of the original deadline and must state: i. The date when the pleading, response, or other action is/was first due; ii. The number of previous extensions and the date the last extension expires; iii. The cause for the requested extension, including a statement as to why the action due has not been completed in the allotted time; and iv. Whether the requested extension is approved or opposed by opposing counsel (agreement by counsel of a requested extension is not binding on the Court). b. All motions requesting leave to depart from Local Rule 7.0(f) page limitation must state: i. The number of previous requests for leave; ii. The particular reason for the request for leave, including a specific statement as to why the action due cannot be completed within the allotted page limit; and iii. Whether the request for leave is approved or opposed by opposing counsel (agreement by counsel of a request for leave is not binding on the Court). 6 c. The parties should not submit proposed orders in conjunction with routine motions, e.g. motions for extension of time and motions to modify the scheduling order. The parties shall submit proposed orders in conjunction with all motions, other than dispositive motions, in which a specific, substantive ruling is sought by the Court, e.g. motions for entry of consent judgment, motions for temporary restraining order, motions for entry of a preliminary injunction, and motions for entry of a protective order. Such proposed orders shall be emailed in Word format to the Courtroom Deputy at [email protected]. d. The dispositive motion date, final pretrial conference date, and trial date shall be changed only by leave of Court. e. Any questions about this scheduling order or the procedures to be followed when practicing in this division should be directed to the Courtroom Deputy, Tracey D. Peters, at [email protected]. IT IS SO ORDERED. Dated: STEPHEN R. BOUGH UNITED STATES DISTRICT JUDGE NOTE: This document provides a sample of what Judge Bough’s Scheduling Order will look like when issued to the parties. This document is not to be used as the parties’ proposed scheduling order that is submitted for the Court’s review. The parties’ proposed scheduling order should be signed by both parties and should not contain a signature line for Judge Bough. 7

=== Agreed Protective Order Guidelines and Form - SRB ===

The Honorable Stephen R. Bough United States District Court for the Western District of Missouri AGREED PROTECTIVE ORDER GUIDELINES AND FORM Procedure for Requesting Entry of an Agreed Protective Order In certain cases, in the course of complying with Local Rule 16.1(d)(6), the parties may agree discovery should be governed by a protective order limiting the disclosure, use, and dissemination of confidential information. If the parties agree about the need for a protective order and its scope and form, their counsel should confer and (1) file a joint motion for protective order and 2) e-mail a copy of their jointly-proposed protective order (in MS Word format) to Courtroom Deputy Tracey Peters at [email protected]. If satisfactory, the court will sign and enter the proposed protective order. If not satisfactory, the court will deny the motion, notify counsel of any objectionable language or provisions, or modify and enter a revised protective order. Counsel and all unrepresented parties submitting an agreed protective order must affix their signatures. If the parties would like to designate any documents as attorney eyes only, they must request a hearing by contacting the Courtroom Deputy Tracey Peters at [email protected]. The court’s administrative procedures are available on the court’s website at http://www.mow.uscourts.gov/district/rules. A model form protective order is appended to this document, which is available on Judge Bough’s webpage at http://www.mow.uscourts.gov/judges/bough. Drafting Proposed Agreed Protective Orders The following guidelines are designed to assist the parties in drafting stipulated or agreed protective orders: 1. Recitation of Facts Showing Good Cause Under Fed. R. Civ. P. 26(c) Any jointly-proposed protective order must include a concise but sufficiently specific recitation of the particular facts in the case that would provide the court with an adequate basis upon which to make the required finding of good cause pursuant to Fed. R. Civ. P. 26(c). See also Gen. Dynamics Corp. v. Selb Mfg. Co., 481 F.2d 1204, 1212 (8th Cir. 1973) (holding that Rule 26(c) requires the proponent of a protective order “to show the necessity of its issuance, which contemplates a particular and specific demonstration of fact, as distinguished from stereotyped and conclusory statements”) (internal citation and quotation marks omitted). 2. Scope of the Protective Order The protective order must be narrowly tailored and not overbroad. It must include a sufficiently narrow identification of the categories of documents, information, items, or materials (which may include electronically created or stored information) that are subject to the protective order. Some examples are medical records, personnel files, and tax returns. Language such as “this protective order shall apply to all documents the party designates as confidential” or “this protective order shall apply to all business records” is too vague and overbroad. The protective order must clearly reflect that its provisions only apply to the named categories of documents, information, items, or materials specifically set forth in the protective order. The protective order must not cover information or documents that are available to the public or that have not been previously maintained in a confidential manner. 3. Provisions for Filing Documents Containing Confidential Information Under Seal The protective order must not contain a blanket “filing under seal” provision that requires or allows the parties to file documents containing confidential information under seal without the court’s permission. If the parties wish to include a provision for filing confidential materials under seal, then the protective order must state that the party seeking to file confidential information must first file a motion with the court and be granted leave to file the particular document under seal. See WESTERN DISTRICT OF MISSOURI, CM/ECF CIVIL AND CRIMINAL ADMINISTRATIVE PROCEDURES MANUAL AND USER GUIDE 8 (rev. 2018) (setting forth the procedure for requesting leave to file a document under seal), https://www.mow.uscourts.gov/sites/mow/files/AdministrativeGuideandUserManual.pdf. The mere designation of information as confidential pursuant to the parties’ protective order is insufficient to satisfy the court’s requirements for filing it under seal in light of the public’s qualified right of access to court dockets. See IDT Corp. v. eBay, 709 F.3d 1220, 1222 (8th Cir. 2013) (internal citations and quotation marks omitted) (holding that “[t]here is a common-law right of access to judicial records,” which, while “not absolute,” “applies to judicial records in civil proceedings”). Before filing a motion for leave to file under seal, the parties must consider other steps to prevent the unnecessary disclosure of confidential information in court filings, such as filing a redacted document or other means short of filing under seal. 4. Application to Non-Parties The protective order must not state that it is binding on non-parties or that the court has jurisdiction over non-parties to enforce the provisions of the protective order. The court cannot order a non-party to abide by the terms of a protective order or to consent to jurisdiction. Although the protective order itself must not order a non-party to abide by the terms of the protective order, the parties may attach a form agreement to the proposed protective order. By signing the agreement, the non-party may agree to be bound by the terms of the protective order. The protective order may include provisions that protect confidential information, documents, and materials produced by a non-party or parties who are later added to the action. Any new party to the lawsuit must be given the opportunity to review the protective order and decide whether to join it. 5. Jurisdiction The protective order may state that the court’s jurisdiction to enforce its provisions terminates on the final disposition of the case or that the protective order remains in force after termination of the litigation. The parties may also include a provision in the protective order that a party or any person with standing concerning the subject matter may seek leave to reopen the case to enforce or modify the provisions of the protective order. See Flynt v. Lombardi, 782 F.3d 963, 966 n.2, 967 (8th Cir. 2015) (per curiam) (internal quotation marks omitted) (quoting Pansy v. Borough of Stroudsburg, 23 F.3d 772, 777 (3d. Cir. 1994 (citing Federal Rule of Civil Procedure 24(b); United Nuclear Corp. v. Cranford Ins. Co., 905 F.2d 1424, 1427 (10th Cir. 1990 (holding that “[A] district court may properly consider a motion to intervene permissively for the limited purpose of modifying a protective order even after the underlying dispute between the parties has long been settled” and that “when a party is seeking to intervene only to modify a protective order or unseal documents, and not to litigate a claim on the merits, an independent basis of jurisdiction is not required”). 6. Instructions to the Clerk of the Court The protective order must not direct the clerk of the court to return or destroy confidential documents that are filed in the case. Such language conflicts with the policy of the clerk’s office not to remove or destroy any documents filed in a case. 7. Court Personnel and Jury Members The protective order must not state that it is binding on court personnel or members of the jury. IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI DIVISION , , Plaintiff, vs. Defendant. Case No. -SRB PROTECTIVE ORDER Before this Court is the parties’ [Joint Motion for Protective Order (Doc. # )]. The parties agree during the course of discovery it may be necessary to disclose certain confidential information relating to the subject matter of this action. They agree certain categories of such information should be treated as confidential, protected from disclosure outside this litigation, and used only for purposes of prosecuting or defending this action and any appeals. The parties jointly request entry of a protective order to limit the disclosure, dissemination, and use of certain identified categories of confidential information. The parties assert in support of their request that protection of the identified categories of confidential information is necessary because . [The parties must provide a concise but sufficiently specific recitation of the particular facts in the case that would warrant limiting disclosure and/or use of the information to provide the Court a basis upon which to make the required finding of good cause under Fed. R. Civ. P. 26(c).] For good cause shown under Fed. R. Civ. P. 26(c), the Court grants the parties’ [joint request] [Joint Motion for Protective Order (Doc. # )] and hereby enters the following Protective Order: 1. Scope. All documents and materials produced in the course of discovery of this case, including initial disclosures, responses to discovery requests, all deposition testimony and exhibits, and information derived directly therefrom (hereinafter, collectively, “documents”), are subject to this Order concerning Confidential Information as set forth below. As there is a presumption in favor of open and public judicial proceedings in the federal courts, this Order will be strictly construed in favor of public disclosure and open proceedings wherever possible. 2. Definition of Confidential Information. As used in this Order, “Confidential Information” is defined as information that the producing party designates in good faith has been previously maintained in a confidential manner and should be protected from disclosure and use outside the litigation because its disclosure and use are restricted by statute or could potentially cause harm to the interests of the disclosing party or nonparties. For purposes of this Order, the parties will limit their designation of “Confidential Information” to the following categories of information or documents: [The parties must identify the specific and narrow categories of information they seek to protect, such as medical records, personnel files, tax returns, financial statements and records, proprietary business records, trade secrets, records whose disclosure is restricted or prohibited by statute, etc.] Information or documents that are available to the public may not be designated as Confidential Information. 3. Form and Timing of Designation. The producing party may designate documents as containing Confidential Information and therefore subject to protection under this Order by marking or placing the words “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” (hereinafter, “the marking”) on the document and on all copies in a manner that will not interfere with the legibility of the document. As used in this Order, “copies” includes electronic 2 images, duplicates, extracts, summaries, or descriptions that contain the Confidential Information. The marking will be applied prior to or at the time the documents are produced or disclosed. Applying the marking to a document does not mean that the document has any status or protection by statute or otherwise except to the extent and for the purposes of this Order. Copies that are made of any designated documents must also bear the marking, except that indices, electronic databases, or lists of documents that do not contain substantial portions or images of the text of marked documents and do not otherwise disclose the substance of the Confidential Information are not required to be marked. By marking a designated document as confidential, the designating attorney or party appearing pro se thereby certifies that the document contains Confidential Information as defined in this Order. 4. Inadvertent Failure to Designate. Inadvertent failure to designate any document or material as containing Confidential Information will not constitute a waiver of an otherwise valid claim of confidentiality pursuant to this Order, so long as a claim of confidentiality is asserted within [ days] after discovery of the inadvertent failure. 5. Depositions. Deposition testimony will be deemed confidential only if designated as such when the deposition is taken or within a reasonable time after receipt of the deposition transcript. Such designation must be specific as to the portions of the transcript and/or any exhibits to be protected. 6. Protection of Confidential Material. (a) General Protections. Designated Confidential Information must be used or disclosed solely for purposes of prosecuting or defending this lawsuit, including any appeals [or any other related legal proceeding brought by one of the parties to this litigation]. 3 (b) Who May View Designated Confidential Information. Except with the prior written consent of the designating party or prior order of the Court, designated Confidential Information may only be disclosed to the following persons: [The parties must list to whom confidential information may be disclosed. The following list contains commonly listed categories.] (1) (2) (3) (4) (5) (6) (7) The parties to this litigation, including any employees, agents, and representatives of the parties;1 Counsel for the parties and employees and agents of counsel; The Court and Court personnel, including any special master appointed by the Court, and members of the jury; Court reporters, recorders, and videographers engaged for deposi- tions; Any mediator appointed by the Court or jointly selected by the parties; Any expert witness, outside consultant, or investigator retained specifically in connection with this litigation, but only after such persons have completed the certification contained in Attachment A, Acknowledgment and Agreement to be Bound; Any potential, anticipated, or actual fact witness and his or her coun- sel, but only to the extent such confidential documents or information will assist the witness in recalling, relating, or explaining facts or in testifying, and only after such persons have completed the certification contained in Attachment A; (8) The author or recipient of the document (not including a person who received the document in the course of the litigation); 1 If the confidential documents contain highly sensitive trade secrets or other highly sensitive competitive or confidential information, and disclosure to another party would result in demonstrable harm to the disclosing party, the parties may stipulate or move for the establishment of an additional category of protection (e.g., Attorneys’ Eyes Only) that prohibits disclosure of such documents or information to that category or that limits disclosure only to specifically designated in-house counsel or party representative(s) whose assistance is reasonably necessary to the conduct of the litigation and who agree to be bound by the terms of the Order. 4 (9) Independent providers of document reproduction, electronic discov- ery, or other litigation services retained or employed specifically in connection with this litigation; and (10) Other persons only upon consent of the producing party and on such conditions as the parties may agree. (c) Control of Documents. The parties must take reasonable efforts to prevent unauthorized or inadvertent disclosure of documents designated as containing Confidential Information pursuant to the terms of this Order. Counsel for the parties must maintain a record of those persons, including employees of counsel, who have reviewed or been given access to the documents, along with the originals of the forms signed by those persons acknowledging their obligations under this Order. 7. Filing of Confidential Information. If a party seeks to file any document containing Confidential Information subject to protection under this Order, that party must take appropriate action to ensure that the document receives proper protection from public disclosure, such as: (a) filing a redacted document with the consent of the party who designated the document as confidential; or (b) seeking permission to file the document under seal by filing a motion for leave to file under seal. Nothing in this Order will be construed as a prior directive to allow any document to be filed under seal. The mere designation of information as confidential pursuantto this Order is insufficient to satisfy the Court’s requirements for filing under seal in light of the public’s qualified right of access to court dockets. See IDT Corp. v. eBay, 709 F.3d 1220, 1222 (8th Cir. 2013). The parties understand that the requested documents may be filed under seal only with the permission of the Court after proper motion. If the motion is granted and the requesting party permitted to file the requested documents under seal, only counsel of record and unrepresented parties with CM/ECF filing privileges will have access to the sealed documents. 5 Pro hac vice attorneys must obtain sealed documents from local counsel. 8. Discovery Disputes; Challenges to a Confidential Designation. In the event of a discovery dispute, no party may file a discovery motion before fully complying with Local Rule 37.1. Local Rule 37.1 also applies to any dispute on an objection to a confidential designation under the terms of this Protective Order. The burden of proving the necessity of a confidentiality designation remains with the party asserting confidentiality. Until the Court rules on the challenge, all parties must continue to treat the materials as Confidential Information under the terms of this Order. 9. Use of Confidential Documents or Information at Trial or Hearing. Nothing in this Order will be construed to affect the use of any document, material, or information at any trial or hearing. A party that intends to present or anticipates that another party may present Confidential Information at a hearing or trial must bring that issue to the attention of the Court and the other parties without disclosing the Confidential Information. The Court may thereafter make such orders as are necessary to govern the use of such documents or information at the hearing or trial. 10. Obligations on Conclusion of Litigation. (a) Order Remains in Effect. Unless otherwise agreed or ordered, all provisions of this Order will remain in effect and continue to be binding after conclusion of the 6 litigation. (b) Return of Confidential Documents. Within days after this litigation concludes by settlement, final judgment, or final order, including all appeals, all documents designated as containing Confidential Information, including copies as defined above, must be returned to the party who previously produced the document unless: (1) the document has been offered into evidence or filed without restriction as to disclosure; (2) the parties agree to destruction of the document to the extent practicable in lieu of return;2 or (3) as to documents bearing the notations, summations, or other mental impressions of the receiving party, that party elects to destroy the documents and certifies to the producing party that it has done so. (c) Retention of Work Product. Notwithstanding the above requirements to return or destroy documents, counsel may retain attorney work product, including an index which refers or relates to designated Confidential Information, so long as that work product does not duplicate verbatim substantial portions of the text or images of designated documents. This work product will continue to be confidential under this Order. An attorney may use his or her own work product in subsequent litigation provided that its use does not disclose Confidential Information. 11. Order Subject to Modification. This Order is subject to modification by the Court on its own motion or on motion of any party or any other person with standing concerning the subject matter. The Order must not, however, be modified until the parties have been given 2The parties may choose to agree that the receiving party must destroy documents containing Confidential Information and certify the fact of destruction, and that the receiving party is not required to locate, isolate, and return e-mails (including attachments to e-mails) that may include Confidential Information, Confidential Information contained in deposition transcripts, or Confidential Information contained in draft or final expert reports. 7 notice and an opportunity to be heard on the proposed modification. 12. Enforcement of Protective Order. Even after the final disposition of this case, a party or any other person with standing concerning the subject matter may file a motion to seek leave to reopen the case for the limited purpose of enforcing or modifying the provisions of this Order. See Flynt v. Lombardi, 782 F.3d 963, 966 n.2, 967 (8th Cir. 2015) (per curiam). 13. No Prior Judicial Determination. This Order is entered based on the representations and agreements of the parties and for the purpose of facilitating discovery. Nothing in this Order will be construed or presented as a judicial determination that any document or material designated as Confidential Information by counsel or the parties is entitled to protection under Fed. R. Civ. P. 26(c) or otherwise until such time as the Court may rule on a specific document or issue. 14. Persons Bound by Protective Order. This Order will take effect when entered and is binding upon all counsel of record and their law firms, the parties, and persons made subject to this Order by its terms. [OPTIONAL PROVISIONS. The following provisions are optional but may be helpful to the parties:] 15. Applicability to Parties Later Joined. If additional persons or entities become parties to this lawsuit, they must not be given access to any Confidential Information until they execute and file their written agreement to be bound by the provisions of this Order. 16. Protections Extended to Third-Party’s Confidential Information. The parties agree to extend the provisions of this Protective Order to Confidential Information produced in this case by third parties, if timely requested by the third party. 8 17. Confidential Information Subpoenaed or Ordered Produced in Other Litigation. If a receiving party is served with a subpoena or an order issued in other litigation that would compel disclosure of any material or document designated in this action as Confidential Information, the receiving party must so notify the designating party, in writing, immediately and in no event more than three business days after receiving the subpoena or order. Such notification must include a copy of the subpoena or court order. The receiving party also must immediately inform in writing the party who caused the subpoena or order to issue in the other litigation that some or all of the material covered by the subpoena or order is the subject of this Order and deliver a copy of this Order promptly to the party in the other action that caused the subpoena to issue. The purpose of imposing these duties is to alert the interested persons to the existence of this Order and to afford the designating party in this case an opportunity to try to protect its Confidential Information in the court from which the subpoena or order issued. The designating party bears the burden and the expense of seeking protection in that court of its Confidential Information, and nothing in these provisions should be construed as authorizing or encouraging a receiving party in this action to disobey a lawful directive from another court. The obligations set forth in this paragraph remain in effect while the party has in its possession, custody, or control Confidential Information designated by the other party to this case. 18. Disclosure of Confidential Information Covered by Attorney-Client Privilege or Work Product. Whether inadvertent or otherwise, the disclosure or production of any information or document that is subject to an objection on the basis of attorney-client privilege or work-product protection, including, but not limited to, information or documents that may be 9 considered Confidential Information under the Protective Order, will not be deemed to waive a party’s claim to its privileged or protected nature or estop that party or the privilege holder from designating the information or document as attorney-client privileged or subject to the work- product doctrine at a later date. Any party receiving any such information or document must return it upon request to the producing party. Upon receiving such a request as to specific information or documents, the receiving party must return the information or documents to the producing party within [ days], regardless of whether the receiving party agrees with the claim of privilege and/or work-product protection. Disclosure of the information or document by the other party prior to such later designation will not be deemed a violation of the provisions of this Order. Although the provisions of this section constitute an order pursuant to Rule 502(d) and (e) of the Federal Rules of Evidence, and will be construed in a manner consistent with the maximum protection provided by said rule, nothing in this Order is intended or will be construed to limit a party’s right to conduct a review of documents, including electronically-stored information, for relevance, responsiveness, or segregation of privileged or protected information before production. IT IS SO ORDERED. Dated: /s/ Stephen R. Bough STEPHEN R. BOUGH UNITED STATES DISTRICT JUDGE 10 [Delete signature blocks if not wholly by agreement] WE SO MOVE and agree to abide by the terms of this Order WE SO MOVE and agree to abide by the terms of this Order Signature Signature Printed Name Printed Name Counsel for: Counsel for: Dated: Dated: 11 ATTACHMENT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND The undersigned hereby acknowledges that he/she has read the Protective Order dated in the case captioned, , and attached hereto, understands the terms thereof, and agrees to be bound by its terms. The undersigned submits to the jurisdiction of the United States District Court for the Western District of Missouri in matters relating to this Protective Order and understands that the terms of the Protective Order obligate him/her to use materials designated as Confidential Information in accordance with the order solely for the purposes of the above-captioned action, and not to disclose any such Confidential Information to any other person, firm, or concern, except in accordance with the provisions of the Protective Order. The undersigned acknowledges that violation of the Protective Order may result in penalties for contempt of court. Name: Job Title: Employer: Business Address: Date: Signature

=== Oral Argument Permitted for New Attorneys - SRB ===

Judge Bough will consider any requests for oral argument on motions made in accordance with Local Rule 7.0(e). In addition, he will automatically grant a request for oral argument on a contested motion if the requesting party certifies that the argument will be presented by a lawyer who graduated from law school within six years prior to the motion being filed. This policy is intended to promote opportunities for new lawyers who practice before this Court to develop their oral advocacy skills. Any request for oral argument under this policy must specifically invoke this policy and must be made (1) by the filing party, on the first page of either the motion or the suggestions in support, or (2) by the responding party, on the first page of the first filing addressing the motion (the suggestions in opposition, a request for more time to respond, etc.).

=== Jury Instruction Builder Announcement ===

New Jury Instructions Builder (JIB) is Live and Ready for Use! The Jury Instruction Committee for the Eighth Circuit is pleased to announce a new tool with increased functionality for both Civil and Criminal Pattern Jury Instructions. Trial lawyers and judges will benefit from this new tool that enables users to format an entire packet of jury instructions by clicking a few computer keys! Use of the JIB will ensure that the most current Committee-approved version of instructions are being used. Other benefits include:  No log-in required.  Save or print a Microsoft Word copy of selected instructions with or without Committee Comments and Notes on Use.  JIB automatically generates Table of Contents.  Reorder and paginate instructions to customize your packet of instructions.  Content is maintained and updated by court staff in the Eighth Circuit, ensuring feedback goes directly to the Jury Instruction Reporter.  Available to bench and bar at: https://juryinstructions.ca8.uscourts.gov/ https://juryinstructions.ca8.uscourts.gov/ Special Thanks The new Pattern Jury Instructions Builder would not be possible without the following: The Eastern District of Missouri IT Department Angel Hernandez, IT Director Faith Jones, Assistant IT Manager David Robinson, Web Specialist Mike Hobbs, Systems Administrator Jeff Johnson, Systems Administrator The Eighth Circuit Library Eric Brust, Circuit Librarian Diane Neske, Assistant to the Circuit Librarian