Judge Counts' Conference Schedule for the 2024 Joint Criminal Trial Docket; Courtroom Trial Procedures and Decorum Policy-LMC; Standing Order for MAP Mediations and Settlement Conferences - LMC

=== Judge Counts' Conference Schedule for the 2024 Joint Criminal Trial Docket ===

To: Counsel Re: US Magistrate Judge Counts’ Scheduling Conference and Pretrial Conferences for 2024 This memo is for distribution to attorneys so he/she may calendar, in advance, the monthly scheduling conference and pretrial conferences held before US Magistrate Judge Counts. For scheduling conferences, parties should be aware that unless you plan to remain on the current scheduled trial docket, a motion to continue should be filed. Please note, that even though you are being asked to file the Motion to Continue, the scheduling conference will still be held as Judge Counts likes to make sure everyone is on the same page regarding discovery and such. For pretrial conferences, as a reminder, unless a motion to continue has been granted or a change of plea hearing has been scheduled, all parties are expected to appear in person for the pretrial conference. If you plan to enter a change of plea, please contact the District Judge's courtroom deputy for scheduling. Also, to allow the matter to be timely removed from the pretrial conference docket, and per the scheduling order, "A motion to continue a case off this docket should be filed, in writing, five business days prior to the pretrial conference." If the motion is not timely filed, you will be required to appear at the pretrial conference hearing. If filing a motion to continue, it must contain a statement by counsel that defendant (including any co-defendants) and government have been informed of and agree to the requested continuance. If the filing party has not obtained the position of the defendant(s), counsel shall state what efforts have been made to obtain such information. CRIMINAL DOCKET Jan 8 / Jan 16, 2024 Feb 12 / Feb 20, 2024 Mar 18 / Mar 25, 2024 April 29 / May 6, 2024 June 3 / June 10, 2024 July 8 / July 15, 2024 Aug 12 / Aug 19, 2024 Sept 16 / Sept 23, 2024 Oct 21 / Oct 28, 2024 Dec 2 / Dec 9, 2024 Jan 6 / Jan 13, 2025 SCHEDULING CONFERENCE Dec 12, 2023 Jan 16, 2024 Feb 13, 2024 Mar 26, 2024 May 7, 2024 June 11, 2024 July 9, 2024 Aug 12, 2024 Sept. 24, 2024 Nov 5, 2024 Dec 3, 2024 PRETRIAL CONFERENCE Dec 19, 2023 Jan 23, 2024 Feb 14, 2024 Apr 9, 2024 May 14, 2024 June 18, 2024 July 23, 2024 Aug 27, 2024 Oct 1, 2024 Nov 12, 2024 Dec 17, 2024

=== Courtroom Trial Procedures and Decorum Policy-LMC ===

Courtroom Trial Procedures and Decorum Policy U.S. Magistrate Judge Lajuana M. Counts Courtroom Decorum Counsel and parties are to adhere to the following decorum:  Visible reactions to testimony, counsel’s presentations or the Court’s rulings are inappropriate.  Conversations at counsel table between co-counsel and clients should be quiet and should not distract court proceedings.  Attorneys and pro se parties shall stand when addressing or being addressed by the Court.  Address all remarks, other than examination of the witness to the Court, not to opposing counsel.  Treat all adverse witnesses and parties with fairness and civility. Avoid abusive language, disparaging or offensive personal remarks, or hostility toward opposing counsel, litigants or witnesses.  Attorneys and pro se parties shall make all suggestions and comments regarding the comfort or convenience of the jury to the Court out of the jury’s hearing. Assist Court Reporter If you will be using technical, medical, or unusual terms in your case, please provide a glossary of those terms to the Courtroom Deputy before hearings and at the pretrial conference. Trial Schedule The Court typically holds trial from 9:00 a.m. to 5:00 p.m., Monday through Friday. The Court will take a morning and afternoon break in addition to the lunch hour. When possible, substantive issues are taken up before 9:00 a.m., during breaks, or after 5:00 p.m. Questioning of Witnesses  Attorneys or pro se parties should address all adult witnesses as “Mr.,” “Ms.,” or “Dr.” rather than by their first name, no matter how familiar the attorney is to the witness.  Direct examination, cross-examination, re-direct, and re-cross are permitted. No further questioning is permitted except by leave of Court.  Except in unusual circumstances, a witness should be allowed to complete an answer. If the question calls for a “yes” or “no” answer, the witness will be allowed an opportunity to explain that answer.  Attorneys or pro se parties shall request permission prior to approaching a witness.  When making an objection, an attorney or pro se party should say only “objection,” plus the legal reason for the objection, e.g., leading, hearsay. If the objecting 1 Exhibits attorney or pro se party desires to give reasons for the objection or if an opposing attorney or pro se party desires to oppose the objection, the attorneys or pro se parties should approach the bench.  Witnesses will remain in the witness chair unless leave of Court is granted for a witness to reference an exhibit. Witnesses will not be allowed to testify standing in front of the jury without leave of Court to do so.  Each party shall mark their exhibits with an exhibit sticker indicating whether the exhibit is being offered by the plaintiff or the defendant, along with the exhibit number. The designation of each exhibit shall match the numeric designation for that exhibit on the exhibit list furnished to the courtroom deputy prior to trial.  The Court will typically address evidentiary objections at the pretrial conference and seek to pre-admit as many exhibits as is reasonable under the circumstances.  During jury deliberation, the Court will provide the jury exhibits upon their request. Only exhibits admitted during trial will go to the jury. Documents that are pre-admitted, but not actually used at trial, will not be submitted to the jury. Equipment The Courtroom is equipped with various equipment, such as a computer integrated document camera, computerized projector, and screen. Counsel are invited to utilize the courtroom equipment as needed. Counsel who wish to test the equipment prior to trial should contact the courtroom deputy to make arrangements. Parties may provide their own equipment, but arrangements should be made with the courtroom deputy well in advance of the day of trial. Closing Arguments  The length of closing arguments will be established towards the end of trial,  usually during the instruction conference. Instructions will be read to the jury before closing arguments. The jury will be given copies of the instructions for use during deliberations. Only one verdict form, however, will be given; no copies of the verdict form will be provided to the jury. Jury Deliberation  After the jury retires, each side shall assemble their exhibits and keep them available in the courtroom. Attorneys and their clients should remain in close proximity to the courthouse and advise the courtroom deputy where they will be located while the jury is deliberating.  After the jury is dismissed, counsel must take possession of their own exhibits from the courtroom deputy and sign the receipt at the bottom of the exhibit list.  After the jury is dismissed, counsel may not directly or indirectly contact jurors unless permitted to do so by the Court. 2

=== Standing Order for MAP Mediations and Settlement Conferences - LMC ===

Magistrate Judge Lajuana M. Counts Charles Evans Whittaker Courthouse 400 E. 9th Street Kansas City, Missouri 64106 (816) 512-5775 STANDING ORDER FOR MAP MEDIATIONS AND SETTLEMENT CONFERENCES 1. MAP GENERAL ORDER If the matter is before this Court as part of the Mediation and Assessment Program (MAP), the parties should familiarize themselves with the MAP General Order located on the Court’s website at https://www.mow.uscourts.gov/sites/mow/files/MAP_GO.pdf 2. ATTENDANCE REQUIREMENT Unless the Court allows otherwise by separate order, parties with full and complete settlement authority are required to personally attend the mediation. This means that if a party is an individual, that individual must personally attend; if a party is a corporation or governmental entity, a representative of that corporation or government entity (other than counsel of record) with settlement authority must personally attend. If a party requires approval by an insurer to settle, a representative of the insurer with full and complete settlement authority must attend. Absent a showing of unusual and extenuating circumstances, the Court will not permit a client to merely be available by telephone as an alternative to personal presence at the conference. 3. TIME ALLOTED FOR MEDIATION/SETTLEMENT CONFERENCES The Court allots half-a-day for mediations. If the parties believe that more time is required, the parties are to contact chambers forthwith. 4. MEDIATION/SETTLEMENT CONFERENCE STATEMENTS The parties are to submit a mediation statement five business days prior to the scheduled mediation. Failure to submit a timely mediation statement will result in the mediation being rescheduled and a status conference being set. Mediation statements should be to Erica Clinton ([email protected]) and Traci Chorny emailed ([email protected]). Do not file copies of the statements with the Clerk’s Office or on the CM/ECF system. The statement shall be no longer that five pages in length and contain the following types of information: a. A brief statement of the facts of the case, and of the claims and defenses, i.e., the statutory or other grounds upon which the claims are founded. This statement should identify the major factual and legal issues in dispute. b. An estimated statement of the damages claimed and of any other relief sought. c. A summary of the proceedings to date, including any pending motions. d. A history of past mediation discussions, offers and demands. If no discussions have taken place, the Court suggests the attorneys discuss settlement, and exchange demands and offers prior to the mediation conference. e. State whether there are outstanding liens and whether a representative of the lienholder should be required to be present during the mediation. f. State whether counsel believes joint sessions will be helpful or counterproductive. g. Raise any other issues the Court should be aware of in advance of the mediation. 5. MEDIATION/SETTLEMENT CONFERENCE AGREEMENT By participating in this mediation/settlement conference the parties agree to the terms set forth in the Mediation/Settlement Conference Agreement, attached to this Order. 6. FORMAT The Court generally will follow a mediation format: that is, each side will have an opportunity to make a brief presentation to the other side, which will be followed by joint discussions with the Court and private meetings by the Court with each side. The Court expects both the lawyers and the party representatives to be fully prepared to participate in the discussions and meetings. In these discussions, the Court expects all parties to be willing to reassess their previous positions, and to be willing to explore creative means for resolving the dispute. 7. CONFIDENTIALITY Any statements made by any party during the mediation will not be admissible at trial. The Court expects the parties to address each other with courtesy and respect, but at the same time strongly encourages the parties to speak frankly and openly about their views of the case. 8. CANCELLATION OR RESCHEDULING OF THE CONFERENCE If the parties are required to reschedule the mediation or if they have concluded mediation is not necessary or would be more productive if held at a different time, they should contact chambers as soon as possible at 816-512-5775. 2 Mediation/Settlement Conference Agreement The parties are appearing before United States Magistrate Judge Lajuana M. Counts of the United States District Court for the Western District of Missouri either in connection with a settlement conference referred to Judge Counts or in connection with the Mediation Assessment Program (MAP) for purposes of conducting a mediation. If this matter is in connection with MAP, the undersigned shall comply with all provisions of the Court’s General Order for MAP. By participating in this mediation/settlement conference the parties agree to the following terms: 1. Settlement is Voluntary: All parties recognize settlement in this mediation is voluntary, and the mediator has no authority to impose a settlement on the parties. 2. Mediator: The parties agree that Judge Counts will serve as mediator in this matter. The mediator and the parties acknowledge they have no reason to believe it would be inappropriate for this mediator to mediate this matter. 3. The Mediator is Impartial: The role of the mediator is to facilitate a discussion between the parties to help them reach a voluntary settlement of their dispute. The mediator is neutral and impartial and does not represent any party. 4. Pro Se Parties: Any party without an attorney (pro se party) understands that the mediator is not his/her attorney and is not giving him/her legal advice. While the mediator discusses legal concepts and options with the pro se party and any other party, the mediator is not giving legal advice. The pro se party agrees that he/she has not requested, received, or relied on any legal advice from the mediator. The pro se party also agrees that the mediator has no duty to assert, analyze, or protect any legal right or obligation of the pro se party. 5. Consulting with Attorneys: During and between mediation sessions and before completing a settlement agreement, the parties to the mediation are encouraged to consult with their attorneys regarding their legal rights and obligations. While the mediator discusses legal concepts and options with the parties, the mediator is not giving legal advice or counsel to any person or entity in the mediation. The parties and their counsel agree they have not sought, received, or relied on such advice and further agree that the mediator has no duty to assert, analyze, or protect any legal right or obligation of any party or participant. 6. Caucuses: Generally, the mediator holds private sessions with one party at a time. These private sessions or “caucuses” are designed to improve the mediator’s understanding of the party’s position. Information gained through the caucus may be disclosed by the mediator to any other party, unless the party disclosing such information instructs the mediator not to disclose such information to another party or parties. 7. Confidentiality: The parties recognize and agree that mediation sessions are confidential in the (1) no participant or person in the mediation may later testify or seek to compel the testimony of another in any proceeding as to what statements were made or omitted by any person in connection with the mediation session or what happened during the mediation, (2) no statements or materials made or omitted in the mediation shall be subject to discovery in any proceeding, and (3) the disclosure by a party or by the mediator of any information in the mediation shall not alter its confidential or privileged character. The parties further agree that they will not subpoena or otherwise seek to compel the mediator to testify or produce records, notes, or work product in any proceedings as to what was said or produced in the mediation session or in any communication made as part of arranging for the mediation. Unless otherwise agreed, the results of the mediation are not confidential. The parties understand that certain information from the mediation may be used by the mediator in reports, papers, presentations, etc., but that such information will not be linked to a specific case or a specific party outside the Court or the MAP office, unless otherwise required by Court order, applicable law, or as necessary to defend any action arising from the mediation. Finally, because of the confidential nature of the discussions that occur during the course of the mediation, the parties agree that communications that occur during the course of the mediation may not be shared with members of the news media in any capacity. The parties understand that if a violation of the rule of confidentiality occurs, the mediator will contact the district or magistrate judge assigned to the case and report the violation. The judge assigned to the case will make the determination of whether sanctions should be imposed against the offending party or attorney for an intentional violation of the rule of confidentiality. 8. Reporting Obligations: If during the mediation a matter comes to the mediator’s attention which the mediator is obligated to report to any agency or authority, nothing contained herein shall prohibit the mediator from making such a report or disclosure. The participants understand that the mediator may be obligated to report the commission of a crime during the mediation process or an expressed intent to commit a crime in the future, and nothing herein shall prevent the reporting of such crimes or expressed intents. The participants hereby agree to release and hold the mediator, mediator’s staff, and the District Court harmless from any damage suffered as a result of such disclosures. /s/ Lajuana M. Counts Lajuana M. Counts United States Magistrate Judge Western District of Missouri