Judge Fricke Bio; Remote Proceedings tips; Conduct at Trial; Example Jury Selection Method; Example Order for Remote Jury Selection; Sample Order Setting Forth Court Procedures; Example Settlement Conference Order

=== Judge Fricke Bio ===

Chief United States Magistrate Judge Theresa L. Fricke Judge Fricke was appointed to the federal bench on May 1, 2017, and was appointed as Chief Magistrate Judge on March 1, 2024. She is a graduate of the Seattle University School of Law, and the University of Washington Foster School of Business. Before becoming a United States Magistrate Judge, she served as an Assistant Attorney General representing the Washington State Department of Transportation (WSDOT) in construction litigation and advising on construction contracts. Judge Fricke served as President of The Honorable Robert J. Bryan American Inn of Court in Tacoma from 2021-2022 and currently is an emeritus member. Judge Fricke served as co-chair of the Social Security Disability bench-bar committee of the United States District Court for the Western District of Washington from 2019-2023. She is a member of: The Ninth Circuit Magistrate Judges Executive Board; The Federal Bar Association for the Western District of Washington; Diversity Equity and Inclusion Working Group, and the Re-Entry Committee, of the U.S. District Court for the Western District of Washington; the King County Bar Association; the Tacoma Pierce County Bar Association; the New York City Bar Association; and was chair of the Magistrate Judge Education Committee of the Ninth Circuit from 2020-2024. Judge Fricke’s judicial training includes Federal Judicial Center courses in Alternative Dispute Resolution (at Pepperdine University, 2018) and Intellectual Property (at the University of California, Berkeley, 2024). Early in her career, Judge Fricke served as a trial and appellate attorney with the Washington State Attorney General (in the Corrections Division, the Human Rights Division, and the DSHS Division). She served as a part-time staff attorney with the Washington Pattern Jury Instruction Committee (2009-2012). She worked in private practice in Pierce County (1998-2009); and was a Senior Deputy Prosecuting Attorney with the King County Prosecutor’s Office in Seattle, leading the criminal division appellate unit, and handling cases in the Washington Supreme Court (1990-1998). Judge Fricke enjoys running, attending hockey games, performances at the theater and concerts, cross-country skiing, horseback riding, and traveling with family and friends.

=== Remote Proceedings tips ===

Remote proceeding advocacy M a s t e r t h e t e c h n o l o g y s o you can operate it by yourself. S. DUPRE The first step to become an effective advocate in remote video proceedings is to make sure you have mastered the use of the technol- ogy through which you will be advocating. You must learn to operate the technology at the same time that you are advo- cating your client’s position. Being unprepared to present a document via video at a critical moment in the proceedings can have the same deflat- ing effect of getting ready to impeach a witness in open court with a docu- ment, and then having to pause for a minute or two to find the document. 1. Do not assume you can just show up at a video proceed- ing and meet with success. a. Learning remote video tech- nology takes both time and practice. b. This is not as simple as dialing a phone number and announc- ing your presence. c. You need to arm yourself with both the arguments you plan to make, and the technical skill to present them on a video screen in a credible, compe- tent, and persuasive way. d. Do not make the mistake of assuming you can pick these skills up on the fly. 2. Hands-on learning—you must learn the app you are using and practice using all fea- tures in the app you will be using while you are making your argument. a. Instruction manuals can pro- vide an overview, but pilot- ing any videoconferencing app while you are making your ar- gument requires you to prac- tice and rehearse both skills. b. The Zoom app, for example, by Steven C. Dupre allows you to test and place into your muscle memory most of its features without having to connect with others. c. Like any app, play with it and explore all its features. Try out every single technical setting. Learn how to manage multiple screens in Zoom. d. Set up practices with your f i r m ’ s t r a i n e r s o r y o u r colleagues. e. App practice and rehearsal op- portunities may also include: i. Every phone call you need to set up with a colleague or a client; ii. Every chance you get to talk to your friends or family. 3. Properly set up your app’s account and profile. a. Upload a quality photo as a backup display when your video is not on. b. Make sure the on-screen name displayed by the app is your full name and is spelled prop- erly. Changes can be made in settings for most apps. 4. Home technology: a. Hardwire your computer to the internet if you can. b. Fast internet connection. c. Know where in your house you can find the most reliable in- ternet connectivity and speed. d. Wireless—position your com- puter or tablet as close as you can to your wireless router (which broadcasts your Wi-Fi signal). Tip: If your home computer or internet services are outdat- ed, upgrade them or conduct your hearings from your law office (if open, of course). e. Use the best microphone you can—hardwired to the com- puter is probably best. Fully charged Bluetooth headsets work too. f. Quality speakers (most of the time, computer speakers should suffice). g. Quality web camera—many computers have built-in cam- eras that will suffice, although HD external cameras can pro- vide far better video quality. 5. Set yourself up in a credible audio-visual, distraction-free video screen. a. Know that the camera pro- vides poor quality video if you are entering a Zoom confer- ence through your VDI. b. Camera at or slightly above eye level (not looking down or up at you and strong angles). You do not want the camera below you looking at your chin or up your nose. Nor do you want it above you, looking down at the top of your head or making you look up, craning your neck at odd angles. c. Frame your image (if viable) from mid-chest up. d. Make sure you are well lit (natural light if possible). The best lighting should be unno- ticeable. If you are too dark or too bright, it means your lighting likely will become a distracting focal point for your audience that detracts from the quality of your argument. e. If the light is behind you, your face likely will be too dark. If you are front lit by a spot- light or ring light, learn how to look at the camera without squinting. Tips:  A quick internet search will let you find light- ing solutions designed specifically for computer videoconferences.  A portable desk lamp that can be positioned in front of you will also work. i. Do not position yourself with a bright window or light behind you (close the blinds or reposition your setup). flabaroutofstaters.org 6 State-to-State — Spring 2020 Remote proceeding from preceding page ii. Set your camera angle so you do not pick up bright overhead lights on the screen. f. Try to set your lights at an angle that does not cause the lighting to reflect off eyeglass- es back into the camera. g. Conduct a sound-test: use quality, echo-free audio (with volume control)—and know how to increase or decrease the sound you make when you talk. Consider separately con- necting your audio through your phone, but if you do so, make sure to mute your com- puter to minimize feedback and echo. Echoes can be caused when your computer audio and microphone are open and you are participating in the meet- ing by phone at the same time. i. Figure out how to quickly mute and unmute your au- dio. If the audio is coming through your computer, in the Zoom app, for example, Alt-A on your keyboard toggles between mute and unmute, and holding your computer’s spacebar down temporarily unmutes you while you hold the space- bar down and puts you back on mute when you release the spacebar. ii. Whenever you are unmut- ed, recognize that (1) Every noise you make can be heard, includ- ing coughs, heavy breathing, and other noises. (2) Typing on a keyboard can be heard. (3) Shuffling papers can be heard. (4) Noises you make while chewing food or drink- ing can be heard on an open mic. h. Silence your computer notifi- cations (those noisy bells and whistles that make noise every time you get a notification of some kind)—if you don’t know how, get help. i. Test, learn, practice, and re- hearse setting it up. j. After you think you are all set, take another look at your self-view with a self-critical eye and simplify what you see that your audience will see, minimizing background distractions. In other words, “eyeball” what is behind you on the screen and remove that which is too distracting. Elimi- nate views of overhead lights or lights behind you. 6. Beware virtual backgrounds. a. Zoom (and some other video- conferencing programs) permit the use of your own virtual backgrounds. b. Sometimes virtual back- grounds fail and people can see through them to what is behind you, without you know- ing it—so make sure that what is behind you is appropriate. c. If you need to use a virtual background (e.g., to con- ceal your physical location’s distractions): i. Do not use one that it- self creates a distraction; make sure it looks okay even when making hand movements. ii. Any photo can be turned into a virtual background. iii. Test out how the back- ground looks and use your common sense to gauge how a judge, witness, or client may react to it. iv. Consider buying a “green screen” and using the green screen feature on your app to stabilize any virtual background you use. v. Watch the news and some of the slightly out-of-fo- cus, calming backgrounds and try to replicate one of those. 7. Use a co-host or virtual hot seat assistant where appropriate. a. Consider a co-host for meet- ings you will be leading that will be attended by many participants. The co- host should know how to op- erate your video platform to assist with your presentation. Make sure you practice/re- hearse with your co-host. The co-host can moderate, convey questions from the audience, and help with screen sharing, advancing PowerPoint slides, and other technical issues. Enlist our trainers for further information on this. b. Virtual hot seat. Just like when you have someone in the courtroom running the tech- nology (putting up exhibits on screen, playing depositions, and the like), you can use a virtual “hot seat” assistant to do so in videoconferences, hearings, evidentiary hear- ings, depositions, and trials. It works better if the virtual hot seat operator is in the same room (applying social distanc- ing standards) as the lawyer issuing instructions. 8. Master the “Share Screen” feature. a. This feature allows you to present documents, exhibits, and demonstratives during your presentation. When you use this feature, however, your image may be minimized. Giv- en this, make sure any item you want to share enhances, rather than detracts from the strength of your argument or presentation. b. “Pre-set” any documents, ex- hibits, or applications you want to share. c. Make sure you share the right screen on your computer. Prac- tice figuring out which screen option is the correct one. d. If you are going to play a Pow- erPoint slide show by sharing your screen, make sure you have rehearsed it ahead of time so that you know exactly on which of your screens the slide show will be displayed when you share it. That may be different from the screen you use to advance the slide show. This can be tricky with flabaroutofstaters.org 7 State-to-State — Spring 2020 Remote proceeding from preceding page multiple screens. e. Avoid scrolling through PDF exhibits. You should know what page you want to display and have the document set for that PDF page or be prepared to jump to that page with the “Go To” function. f. For depositions, learn how to give the witness control of PDFs displayed on screen so that they can review what they want to review. 9. Embed “tech” cues into your argument notes or outlines. a. Take a lesson from the theater business on this. i. Stage managers for the- ater productions use “tech sheets” to call out cues that instruct people running lights, sound, curtains, and set and prop movement on stage so that to the audi- ence, those features of a production are seamlessly integrated with the actors’ performance. ii. The cues are written down and rehearsed as part of the performers’ rehearsal. iii. Even the most well-re- hearsed stage manager (who may think they have memorized the cues) will follow the written tech sheet so that they do not inadvertently miss a cue. b. So when you are going to use technology like sharing a screen to show documents, or advancing a slide show, embed visible cues to take those ac- tions right in your notes. c. For example, you may have notes to tell you to say some- thing like this: Argument point [] That cue would tell you to ad- vance the slide show at that point in your argument. How- ever, remember that this takes rehearsal. 10. Have a low-tech backup plan for when your technology fails. a. Murphy’s Law applies to tech- nology, just as it does to most everything else. When it fails, in the heat of battle, you may find yourself handicapped if you do not have a lower tech backup plan. b. Consider hard copies of exhib- its to the Court or a witness ahead of time to be used in case the technology fails. c. Many judges have special fil- ing portals to upload such ma- terial in advance of hearings so that the Court can open up and review matters ahead of time or during the hearing. d. Consider using a cloud app that all on the call can be giv- en a link to in order to access exhibits independent of your effort to share them over a vid- eoconferencing app. Advocacy skills on TV 11. Credibility anchors your advocacy. a. Adapt your advocacy skills for display on a television/com- puter screen. b. Take lessons from screen ac- tors and newscasters. Watch them critically to see what techniques they use to look believable on camera. c. Apply the principle of the three “Cs” on camera—Confidence, Control, and Credibility. d. PREPARATION and PRAC- TICE of the simultaneous han- dling of the technology while advocating is key to successful creation of on-screen credibil- ity in remote proceedings. 12. Remember you are “closer” to the judge or the witness than usual. a. Connect with the judge—look her in the eyes by arguing di- rectly at your camera. b. Avoid fast, large, and other distracting movements. c. Do not just read your argu- ment—among other things, you are close enough on screen for your eye movements while reading to be seen. d. If you consult items on your computer screen and wear eyeglasses while arguing, be- ware that the information you review on your screen may be visible in a reflection in your eyeglasses. e. Tips for looking the judge(s) in the eyes: i. Your argument needs to be directed at the camera—if you focus on the camera, the viewer will see you looking straight at them. ii. If you position the view of the judge immediately below the camera you are arguing to, you can prob- ably get away with looking directly at the judge’s im- age (just below the cam- era) and have it appear as though you are looking at the camera. iii. Consider using the Pin video feature to make the judge the dominant image center screen, even when you are talking. (Pin vid- eo feature can usually be found under the ellipses in the upper right hand cor- ner of the person’s screen.) iv. Do not position the target of your point—a judge, a client, or a witness—on a second monitor different from the monitor with the camera. If you do, when you look at the viewer’s im- age for emphasis, it will seem to the viewer that you are actually looking away from them. 13. Lean in. a. Lean slightly closer to the cam- era to physically add emphasis to a point you are making or a question you are asking. b. Do not overuse that technique, and do not bend so far forward that it looks like you are bend- ing over a table to lean in. 14. Do not let your desire to dis- play your newfound techni- cal skills interfere with your advocacy. a. Just as you would in open flabaroutofstaters.org 8 State-to-State — Spring 2020 Remote proceeding from preceding page court or in an in-person de- position, listen for opportuni- ties to pivot or make points in response to what you observe and hear, even if it means jet- tisoning demonstratives you had rehearsed sharing with the technology. b. If opposing counsel makes a point to which you want to re- spond, or if the judge has posed a question (either to you or your adversary) that provides an opportunity to make a point that doesn’t particularly fit in anywhere in what you re- hearsed or doesn’t fit into your screen sharing plan: i. Stop the screen share. ii. Pause. iii. Look the court square in the camera’s eye, and make your point in the most impactful manner as is appropriate under the circumstances. 15. Use silence and pauses to punctuate your argument. a. You have limited time in most hearings involving arguments to a judge. b. When you make a big point, use a pause or silence, while looking square at the camera, to underscore the point before moving on. 16. Remember you are in court— act and dress like it. a. Wear courtroom attire. b. Do not wear clothes that dis- appear into your background. c. Just like in court, silence your cell phone. In addition: i. Activate do not disturb on office phones (if you are in an office or have a phone nearby). ii. Silence your computer notifications. iii. Close your door to keep pets, children, and other noisemakers out. iv. Do not conduct your argu- ment or proceeding from a space where Alexa, Siri, or Google devices may hear and respond to your voice. 17. Hearing etiquette a. Controlled privacy—treat the room you are in as if it were part of the live courtroom and control access to the room. b. Silence your cell phone—un- less of course that is how you are connected to the audio; silence your computer notifica- tions; put office phone on DND. c. When you are not talking, minimize your movement and facial expressions. i. Remember you are right in front of the screen (not way back at counsel ta- ble)—the judge can see your every expression and movement. ii. Stay alert and neutrally game faced. have missed the first part of it. Do not hesitate to repeat the question you believe the judge asked and wait a bit for the judge to give any clarification. h. Be sure to be very specific in identifying any exhibits or demonstrative aids you are referring to. i. Remember to enunciate even more clearly over the phone than you might do in court. j. Minimize your movement and facial expressions when not talking—remember you are right in front of the screen (not way back at counsel table) and the judge can see your every grimace. k. Be sure you can reach your opposing counsel in case you have a connection problem. l. If you wear glasses, be aware that they may reflect what is on your computer screen. iii. Don’t disappear from the m. Do not swivel your chair camera view. around. iv. Stay on mute whenever prudent—to eliminate un- intended and sometimes noisy interruptions. d. Speak directly into your microphone— i. Don’t shout at a speaker phone. ii. Consider using an exter- nal microphone connected to your computer. iii. Do not be too far away from the microphone. e. Watch the volume level rise and fall on the image of a mi- crophone in the lower left hand corner to make sure you’re not too loud or too soft—learn where the physical volume controls are on your computer and also where inside the ap- plication you can find audio volume controls. f. Wait at least an extra beat in between your points to make sure you do not interrupt a judge if he is asking a question. g. If the judge’s question was “talking over” you, you may n. Remember you are always “on” and everything you do on screen can be seen, including taking notes, drinking a soda, scratching your head, rubbing your eyes, etc. o. If someone is observing the ar- gument or hearing off screen, do not let your listener inad- vertently move on screen or talk to you during the hearing. 18. Educate and train participat- ing clients and witnesses. a. Your clients and witnesses likely have not had the same practice and training you have had on how to conduct themselves during remote proceedings. b. Help them get comfortable with what will transpire. c. They are subject to all of the same rules that the other par- ticipants are, so train them in those rules. Reprinted with permission. ©Carlton Fields, PA 2020. flabaroutofstaters.org 9 State-to-State — Spring 2020

=== Conduct at Trial ===

MAGISTRATE JUDGE THERESA L. FRICKE CONDUCT OF COUNSEL AT TRIAL When appearing in this Court, unless excused by Judge Fricke, all counsel (including any other people at counsel table), shall adhere to the following rules: 1. Stand as Court is opened, recessed, or adjourned. 2. In jury trials, stand when the jury enters or exits the courtroom. 3. Stand when addressing, or being addressed by, the Court. 4. Stand at the lectern while examining any witness—except that counsel may approach the Courtroom Deputy's desk or the witness for purposes of handling or tendering exhibits.  COVID PROTOCOL EXCEPTIONS: Counsel may choose to examine witnesses while seated at counsel’s table rather than at the lectern. Counsel should endeavor to publish evidence electronically as often as possible to minimize hand-to-hand transfers. 5. Address all remarks to the Court, not to opposing counsel. 6. Be respectful of opposing counsel and the litigants and/or witnesses. 7. Refer to all persons, including witnesses, other counsel, and parties by their surnames and not by their first or given names. 8. Only one attorney for each party shall examine, or cross-examine, each witness. The attorney stating objections, if any, during direct-examination, shall be the attorney recognized for cross-examination. 9. Request permission before approaching the bench. 10. All exhibits will be handled electronically. If for some reason a hard copy exhibit becomes necessary, any such hard copy that counsel wishes to have the Court examine should be handed to the Courtroom Deputy. 11. All exhibits that are admitted into evidence will go to the jury electronically through JEEPS. Hard copies will not be used unless the electronic system does not work properly. The DEPS program will be used for presenting exhibits. Any exhibit offered in evidence should, at the time it is offered, be displayed electronically first to opposing counsel. At the end of trial, counsel should make sure they have all of their exhibits. The Courtroom Deputy is not responsible for them.  COVID PROTOCOL: Counsel should provide electronic copies of all evidence to be offered in advance of trial. 12. If you intend to question a witness about a group of documents, avoid delay by having all the documents organized and electronically ready to use, when you start examination. 13. In making objections, counsel should state only the legal grounds for the objection and should withhold all further comment or argument unless elaboration is requested by the Court. 14. For any exhibits that were not stipulated as admissible or otherwise ruled admissible before trial and admitted into evidence at the start of the trial, the following steps will be taken. In advance of each trial session, counsel for the party going forward at that session should show opposing counsel the exhibits s/he intends to introduce at the session. The opponent shall indicate those exhibits to which s/he has no objection, and the Court will admit them when offered at the session. Those exhibits to which there is an objection shall be presented to the Court for ruling before the opening of the session. If possible, the Court will rule on the objection then, thereby eliminating the necessity for a sidebar conference when the exhibit is offered. 15. Offers of, or requests for, a stipulation should be made privately, not within the hearing of the jury. 16. Do not face or otherwise appear to address yourself to jurors when questioning a witness. 17. Sidebar conferences will presumptively not be tolerated, except in extraordinary and unforeseen circumstances. These conferences have a distracting effect on the jury and the parties should strive to postpone raising issues outside the jury's presence until the next recess, except when an immediate conference appears necessary.  COVID PROTOCOL: If a sidebar conference is necessary, the Court will conduct any such conference in the Courtroom after giving the jury a recess to step outside of the Courtroom and wait in the outer hallway. 18. In opening statements and in argument to the jury, counsel shall not express personal knowledge or opinion concerning any matter in issue. ADDITIONAL COVID-19 PROTECTIVE MEASURES: 19. Counsel should maintain social distancing, that is, counsel should maintain six feet of distance between counsel and anyone else in the Courthouse at all times. 20. Counsel are not to move any of the seats/chairs in the Courthouse. These were strategically placed in order preserve social distancing. 21. Counsel must wear a face covering at all times, except while speaking.

=== Example Jury Selection Method ===

JURY SELECTION METHOD The Court will conduct voir dire of a number of panelists computed by totaling: the number of jurors to be selected (8 in most civil cases) and the number of peremptory challenges. There are no alternates in civil cases. Thus, in a civil case with an 8-person jury and 3 peremptory challenges per side, the Court will voir dire 14 panelists. See Fed. R. Civ. P. 47, 48; 28 U.S.C. § 1870. The panelists will be voir dired in the Courtroom (or via Zoom). If issues are raised that are better discussed outside the presence of the entire panel (e.g., sensitive issues, requests to be excused), Judge Fricke will follow up with the individual jurors separately via Zoom. After the follow-up voir dire, the Court will entertain challenges for cause. Each panelist excused for cause will be replaced, so that there is a full panel before any peremptory challenges are exercised. ‘ Once all challenges for cause have been heard and decided, the Court will conduct the final voir dire in the Courtroom via Zoom, asking each panelist individual questions relating to county of residence, education, occupation, prior jury service, etc. Then parties will then exercise their peremptory challenges against the panelists who compose the potential members of the regular jury. Peremptory challenges will be exercised simultaneously, with each party submitting a written list of the panelists it wishes to excuse. The panelists on these lists will then be excused without knowing which party challenged them. Any overlap among the lists of challenges will not result in the parties receiving additional challenges. The jurors will be selected starting with the unchallenged juror with the lowest number. For example, if there was an overlap of 1 peremptory challenge, the 5 challenged panelists would be excused and the first 8 of the remaining 9 panelists would be seated as the jury. Camper v. State Farm (Case 3:20-cv-5283)

=== Example Order for Remote Jury Selection ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA VANESSA CAMPER, CASE NO. 3:20-CV-05283-TLF Plaintiff, ORDER FOR REMOTE / VIRTUAL CIVIL JURY SELECTION v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant. The Court ORDERS that jury selection for the jury trial scheduled to commence on August 10, 2021, at 9:00 a.m., be conducted using the following virtual courtroom procedures and protocols. 18 A. Remote / Virtual Jury Selection Format 19 20 21 22 23 24 25 26 1. The entire jury selection will take place using the ZoomGov.com platform. The parties, counsel, jurors, and court staff will not be physically present in the courtroom. The Court will call a jury pool of 25 jurors. Each party will have one round of 15 minutes to examine the jurors. Any questions the parties would like the Court to ask should be submitted to the Court by 4:30 PM on August 5, 2021. 2. The public will have telephonic access via a number published on the Court’s trial calendar. ORDER FOR REMOTE / VIRTUAL CIVIL JURY SELECTION (Case No. 20-5283) PAGE - 1 B. Preparation 1. Counsel shall familiarize themselves with the ZoomGov.com platform by reviewing the tutorials located at https://www.wawd.uscourts.gov/attorneys/remotehearings. 2. Counsel shall ensure that they have the hardware, software, data bandwidth, and Internet access required to participate remotely. The minimum system requirements are posted at https://www.wawd.uscourts.gov/attorneys/remotehearings. 3. Counsel shall also ensure that they have one or more alternative means of communicating with their clients, as well as with the Court, outside the ZoomGov.com platform (e.g., via cellular phone or email). C. Recording 1. No part of the trial may be reproduced, distributed, or transmitted in any form or by any means, in whole or in part, by any participant in the jury selection or any public observer. This prohibition includes any audio or video recording, photographs, and/or screenshots. The parties and counsel shall ensure that each trial participant for which they are responsible acknowledges and agrees to this prohibition. D. Participants 1. Counsel shall provide, via email to the Court’s Trial Coordinator Traci Whiteley, Courtroom Deputy, at [email protected], the following information for each party, attorney, paralegal, legal assistant, trial or technical consultant, who will connect remotely during jury selection: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER FOR REMOTE / VIRTUAL CIVIL JURY SELECTION (Case No. 20-5283) PAGE - 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • Name • Email address • Phone number • Participant status (e.g., party, attorney, paralegal, etc.) Prior to jury selection, the Court’s Trial Coordinator will supply to counsel the links for the ZoomGov.com sessions. Counsel shall forward the links to other participants, as appropriate. 2. After using the link to access the ZoomGov.com session, participants will enter a virtual waiting room. They will be admitted from the virtual waiting room into the virtual courtroom when appropriate. . 3. During the virtual jury selection hearing, each party and all jurors will be visible on video with microphones muted. 4. All participants who are not actively being questioned, asking questions, or otherwise directly involved in the jury selection process shall use the ZoomGov.com platform controls to mute their microphone and deactivate their video camera. The Court’s Trial Coordinator, who will “host” the ZoomGov.com sessions, will mute any participant who fails to follow this protocol. 5. Participants using multiple devices in a single workspace to access the trial should avoid audio feedback issues by using the microphone and speakers on only one device at a time, or by using headphones. 6. To the extent possible, remote jury selection participants should conduct themselves in the same way they would if they were physically present in a courtroom. They should avoid interrupting someone who is speaking, except as necessary to raise an objection. Virtual jury selection participants should silence electronic devices other than the devices necessary to their remote ORDER FOR REMOTE / VIRTUAL CIVIL JURY SELECTION (Case No. 20-5283) PAGE - 3 participation, shut down any unnecessary computer programs or applications, and take steps to remove or minimize anything in their remote workspace that might distract from the proceedings. The Court understands that conducting jury selection virtually, from one’s home, for example, presents many challenges. The Court asks all remote participants to do their best to maintain professionalism in order to conduct a fair and efficient jury selection. 7. Objections: Counsel should raise their hand to signal an objection. When an objection is made, attorneys and jurors shall stop talking until the Court rules on the objection. If the objection requires a discussion outside the presence of the jury, the jurors will be placed in the virtual jury room. 8. Disconnection: In the event that the Court, a party, an attorney of record, a juror, or anyone else necessary to the proceedings becomes disconnected from the remote jury selection, the proceedings will stop while the connection is reestablished. If the participant has difficulty reconnecting, he or she should email Traci Whiteley, Courtroom Deputy, at [email protected]. 9. Appropriate Dress: All participants shall dress in the same manner as they would if they were present in-person in a courtroom. 10. Screen Names: Remote participants should endeavor to use a screen name in the ZoomGov.com platform that indicates their actual first and last names. As “host,” the Court’s Trial Coordinator will rename any participant whose screen name is incomplete, confusing, unprofessional, or otherwise improper. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER FOR REMOTE / VIRTUAL CIVIL JURY SELECTION (Case No. 20-5283) PAGE - 4 IT IS SO ORDERED. The Clerk is directed to send copies of this Order to all counsel of record. DATED this 16th day of July, 2021. A Theresa L. Fricke United States Magistrate Judge 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER FOR REMOTE / VIRTUAL CIVIL JURY SELECTION (Case No. 20-5283) PAGE - 5

=== Sample Order Setting Forth Court Procedures ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA [Plaintiff], v. [Defendant], Case No. [Case #] Plaintiff, ORDER SETTING FORTH COURT PROCEDURES Defendant. PROCEDURES FOR ALL CIVIL CASES The following procedures are to be followed in civil cases assigned to this Court. These practice standards supplement the Federal Rules of Civil Procedure and Local Rules (LCR) of the United States District Court for the Western District of Washington. Counsel and parties will be expected to follow LCR 1, and uphold the “duty to be respectful of others.” The Court anticipates that every person involved in litigation will be responsible “to avoid comment or behavior that can reasonably be interpreted as manifesting prejudice or bias toward another on the basis of categories such as gender, race, ethnicity, religion, disability, age, or sexual orientation.” In the event there is an inconsistency between the Local Rules and these practice standards, the terms of this Order control. The terms of this Order shall apply to all pleadings and hearings pertaining to cases assigned to Judge Theresa L. Fricke and ORDER SETTING FORTH COURT PROCEDURES - 1 1 shall have the force and effect of orders of the Court from this date forward. If the case 2 was previously assigned to a different Judge, these practice standards replace those that 3 previously controlled, but only as to pleadings and hearings from this date forward. 4 5 I. Communications with Chambers Except as provided for in this Order, parties and counsel should avoid contacting 6 chambers. Ex parte communications with Judge Fricke or judicial law clerks involving 7 any matter other than scheduling or notice of settlement are strongly discouraged. In 8 relation to scheduling and/or settlement, unless the other parties have consented to have 9 one party contact the Court alone, all parties must be on the line when communicating 10 with the Court. 11 12 13 II. Motions A. Structure, Page Limitations, and Typeface A motion and the legal argument supporting the motion shall be filed as a single 14 document. Pleadings shall not contain a table of cases or a table of authority. Except for 15 Motions for Summary Judgment, all other motions, oppositions, and objections shall not 16 exceed FIFTEEN (15) pages (exclusive of the certificate of service). Replies shall not 17 exceed SEVEN (7) pages, unless otherwise noted. Leave of Court must be obtained to 18 file a surreply. If leave is obtained, surreplies shall not exceed FIVE (5) pages. 19 Motions to exceed the page limitations will be granted only where the matter is 20 one of extraordinary complexity. 21 Motions, oppositions, objections, replies, and surreplies shall be double-spaced 22 and filed in no less than 12-point sans serif font in the text and 10-point sans serif font in 23 the footnotes. The pleadings shall contain page numbers and have margins of no less 24 25 ORDER SETTING FORTH COURT PROCEDURES - 2 1 than 1 inch. Pleadings which do not comply with these instructions will be summarily 2 denied or stricken. 3 4 B. Courtesy Copies The Court DOES NOT ACCEPT courtesy copies of pleadings. Hard copies of 5 trial exhibits, jury instructions, and other trial-related materials, or exhibits or 6 demonstrations for claim construction and other hearings in patent cases, are an 7 exception to this policy. C. Certification of Meet and Confer Except for dispositive motions, motions shall contain a certification that the parties have met and conferred. (But see below -- for the specific meet and confer requirements that apply to motions to dismiss pursuant to Fed. R. Civ. P. 12(b . The certification should be clearly visible within either the first substantive paragraph or the final paragraph of the motion. Parties must meaningfully confer prior to filing a motion. For example, waiting until the expiration of a deadline and contacting the opposing party, receiving no immediate response, and then filing the motion does not satisfy that duty. Parties should provide for at least three (3) business days between attempts to confer and a motion’s filing and shall explain their specific efforts to comply if contact was not successfully made. Motions that do not comply may be summarily denied. D. Requests for Extensions of Time Motions for extensions of time will be granted only where the facts that support the moving party’s allegations of good cause are set forth and the circumstances are clearly described. Parties should not expect the Court to grant extensions even if they are 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDER SETTING FORTH COURT PROCEDURES - 3 1 unopposed, unless the motion is properly supported by a good cause showing. Press of 2 business in other matters ordinarily does not evidence good cause. 3 Motions for extensions of time shall be filed at least three (3) business days in 4 advance of the expiration of the relevant deadline. Any opposition must be filed within two 5 (2) business days of the motion. Untimely motions or responsive pleadings may be 6 summarily denied, stricken, or ignored. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 E. Requests to Reschedule Hearings Motions to reschedule are discouraged. If rescheduling is necessary, the motion shall be filed no later than FIVE (5) business days before the scheduled hearing. The motion shall contain alternative dates and times which are available for all parties. If the suggested dates and times are not available on the Court’s calendar, the Court will select a date and time sua sponte. F. Dispositive Motions A motion pursuant to Fed. R. Civ. P. 12(b) is discouraged if the defect can be cured by filing an amended pleading. Therefore, the parties must meet and confer prior to filing a motion to dismiss pursuant to Fed. R. Civ. P. 12(b) in order to determine whether it can be avoided. Consequently, such motions must contain a certification of meet and confer as set forth above in Section II (C). Timely motions to amend normally should be agreed upon in advance of filing. A motion under Fed. R. Civ. P. 56, and oppositions thereto, shall not exceed THIRTY (30) pages (exclusive of the certificate of service). Replies shall not exceed TWENTY (20) pages. If leave to file a sur-reply is given, it shall not exceed TEN (10) ORDER SETTING FORTH COURT PROCEDURES - 4 1 pages. A motion for summary judgment may be filed at any time prior to expiration of the 2 dispositive motions deadline. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 G. Motions in Limine The parties shall endeavor to resolve any evidentiary disputes prior to filing a Motion in Limine. Motions in Limine should normally be filed as one motion; oppositions thereto shall not exceed FIFTEEN (15) pages (exclusive of the certificate of service). Any opposition to a Motion in Limine shall be filed no later than FOURTEEN (14) days after a motion is filed. The moving party will not file any reply brief in support of a motion in limine unless ordered otherwise by the Court. H. Motions for Reconsideration Motions for reconsideration are discouraged. Motions that reassert prior arguments or raise new arguments that could have been made earlier will be summarily denied. Motions for reconsideration and oppositions thereto shall not exceed TEN (10) pages (excluding the certificate of service). Replies shall not exceed FIVE (5) pages. I. Hearings on Motions A party may request oral argument, and the Court retains discretion to nonetheless resolve the motion on the briefs. If the Court finds that oral argument is necessary, the parties shall be limited to FIFTEEN (15) minutes per side unless otherwise ordered. III. Discovery Disputes The parties are directed to not file opposed discovery motions until the parties meaningfully comply with Fed. R. Civ. P. 37(a)(1). If the parties are unable to reach an agreement on a discovery issue after conferring, they shall arrange a telephone ORDER SETTING FORTH COURT PROCEDURES - 5 1 hearing with the Court regarding the issue. Both of these steps must be completed before 2 any opposed discovery motions are filed. Noncompliant motions may be summarily 3 denied or stricken. 4 To arrange a telephone hearing, all counsel (not support staff) for the disputing 5 parties shall send a joint email to [email protected] with a short 6 (maximum one paragraph) joint description of the dispute, as well as three dates and time 7 ranges when the parties are available for a teleconference. The parties’ time ranges 8 should specify Eastern Standard Time or Pacific Standard Time. Counsel shall not 9 contact the Court until they have sufficiently narrowed the disputed issues to only those 10 issues they cannot, without Court assistance, resolve themselves. Because the Court 11 expects that the parties should contact it only as a last resort, counsel found to be 12 unreasonably delaying discovery may be sanctioned. 13 Discovery disputes shall be raised in a timely manner so as to allow discovery to 14 be completed within the discovery deadline. The failure to do so may waive a party’s 15 ability to challenge the discovery behavior. 16 In the event that the Court permits the filing of an opposed discovery motion, the 17 motion shall contain a verbatim recitation of the discovery request and objection (if any) 18 at issue or shall attach a copy of such. Again, if the Court must resolve the discovery 19 dispute by motion, the losing party may be sanctioned. Attached is a worksheet the parties 20 shall prepare and file along with any contested discovery motion, showing the history of 21 the discovery disputes in the case, and describing the current dispute in sufficient detail 22 to allow the Court to have a full understanding of context. 23 24 25 ORDER SETTING FORTH COURT PROCEDURES - 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 [CASE NAME & NUMBER] To assist the Court in more efficiently addressing the parties’ discovery dispute(s), the parties shall meet and confer, and jointly complete the following chart. The purpose of this chart is to succinctly state each party’s position. The fully completed chart shall be filed by the moving party as an exhibit to the motion. The moving party is: The responding party is: Note: The moving party shall identify the element(s) of the cause of action or defense that the disputed discovery relates to, and shall identify the pattern jury instruction, if any, or caselaw that supports their description of the element(s). If discovery from both parties is at issue, provide a separate sheet for each moving party. Discovery Request at Issue Relevant to prove... Moving Party’s Position Responding Party’s Position Counsel for [Plaintiff]: Counsel for [Defendant]: Notice of these discovery procedures shall be provided to third parties who receive discovery requests from the parties. They, too, shall be expected to comply with these procedures. ORDER SETTING FORTH COURT PROCEDURES - 7 IV. Settlement The parties shall evaluate the opportunity for settlement at the outset of the case . To that end, the parties shall contact chambers to request mediation (with a Magistrate Judge, private mediator, or the Court’s mediation program), arbitration, or any other form of alternate dispute resolution where they are in agreement that such would be helpful. Although the Court expects the parties to address settlement at the outset of the case, the parties have an ongoing obligation to explore possible settlement options, and the Court’s scheduling order will have a settlement negotiations deadline. This does not mean all settlement efforts must cease on that date, but it does indicate the Court’s expectation that the parties will have explored settlement and, if the parties agree to negotiate, they will have engaged in good faith settlement negotiations on or before that date. If the matter settles, in whole or in part, the parties shall promptly file a Notice of Settlement and advise the Court how much time is needed to file dismissal papers. V. Pretrial Conference TWENTY-EIGHT (28) days prior to the Trial Date, the parties shall submit a Joint Pretrial Statement that addresses the matters set forth below (in the order they are listed): a. b. c. d. e. f. a short, concise statement of the case; any facts to which the parties can stipulate; designation of depositions and objections thereto; itemization of damages and a summary of other relief requested; a summary of any pending Motions in Limine and the opposition thereto; a statement concerning whether settlement negotiations have been or would be beneficial; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDER SETTING FORTH COURT PROCEDURES - 8 g. h. i. j. k. l. an updated estimate of the length of trial; a schedule of witnesses and a brief summary of their expected testimony and any objections thereto (attached as separate documents); a list of exhibits and any objections thereto (attached as separate documents); proposed jury instructions (see also Section VIII, D at Jury Instructions); proposed verdict forms; and proposed questions for voir dire. While the parties are admonished to reach an agreement on all issues, items of disagreement may be called to the Court’s attention in the statement. The parties shall, in concise form, note any relevant case law supporting their positions. In no event shall the parties file separate statements. Where possible, the Court will resolve areas of disagreement at the Pretrial Conference. Otherwise, the Court will direct the parties to submit further briefing. In addition to filing the Joint Pretrial Statement on the docket, the parties shall deliver a hard copy to chambers in a binder that has an index with items a - l above on labeled dividers. VI. Courtroom Procedures Counsel with authority to make scheduling decisions shall appear on behalf of the parties at all Court appearances. Counsel and pro se parties shall observe traditional courtroom decorum, including that they shall rise to address the Court and remain at the podium unless granted permission to approach the bench or a witness. When not addressing a witness, counsel and pro se parties shall direct all statements to the Court. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDER SETTING FORTH COURT PROCEDURES - 9 VII. Trial Procedures A. General Schedule: Unless otherwise notified, trials are normally set to begin at 9:30 a.m. On each day of trial, counsel are expected to be present thirty minutes prior to the start to discuss any upcoming issues. To ensure that the morning pretrial hearing is productive and efficient, counsel shall meet after the conclusion of each trial day and attempt to resolve or refine upcoming disputes. The normal trial day goes from 9:30 a.m. to noon and 1:30 p.m. to 4:30 p.m., with morning and afternoon breaks fifteen minutes in duration at the Court's discretion. Recording of Proceedings: The official record of all trials and proceedings will be taken by either electronic sound recording or by a realtime reporter. Glossary: Where necessary, counsel shall confer and prepare a joint glossary of any unusual or technical terminology. The glossary shall be submitted to chambers no later than FIVE (5) business days in advance of the start of trial. Copies shall also be provided to the courtroom deputy and Court reporter (if any) on the first day of trial. Trial Briefs: No trial briefs are allowed unless specifically ordered by the Court. B. Exhibits On the first day of trial, counsel for each party shall provide the courtroom deputy: (1) an original set of marked exhibits in a notebook for the use of witnesses during trial; (2) two duplicate sets of marked and bound exhibits for the Court’s use during trial; and (3) an original and three copies of each party’s respective witness and exhibits lists. The Court will rule on the admissibility of exhibits at the Final Pretrial Conference. Once ruled on, counsel may refer to them in argument or during the examination of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDER SETTING FORTH COURT PROCEDURES - 10 1 witnesses and need not lay a foundation for their admissibility or move their admission 2 during the trial. Impeachment or rebuttal exhibits (those whose sole purpose is to attack 3 a witness' veracity) need not be disclosed at the Final Pretrial Conference, but they should 4 be pre-marked, when possible, so that they will be immediately useable at trial without 5 the necessity for labeling by the courtroom deputy. 6 Exhibits shall be marked by number (P1, P2, P3, etc., D1, D2, D3, etc., or, for Joint 7 Exhibits, J1, J2, J3, etc.) and groups of exhibits shall be marked by number and letter 8 (P1A, P1B, P1C, D1A, D1B, D1C, J1A, J1B, J1C, etc.). 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 C. Statements and Witnesses Opening Statements: Except for especially complex cases, or otherwise authorized by the Court, opening statements shall be limited to no more than THIRTY (30) minutes per side. Witnesses: The rule on exclusion of witnesses will be in effect throughout the trial until the time of closing arguments and instructions. Other than parties and their representatives, all witnesses must remain out of the courtroom except while testifying. After completion of testimony, a witness may remain in the courtroom but cannot then be recalled. If counsel desire a waiver of the rule with respect to a specific witness (for example, an expert), counsel shall first discuss the matter with opposing counsel and then present the request to the Court during the preliminary morning session prior to the start of trial on the particular day at issue. Counsel shall instruct witnesses not to discuss their testimony with other witnesses, either during or after they complete their testimony. Once the trial begins, witnesses will be put on call at the peril of the calling party. The trial will not be recessed because a witness is unavailable except in extraordinary ORDER SETTING FORTH COURT PROCEDURES - 11 1 circumstances. If alerted ahead of time, the Court will endeavor to accommodate 2 witnesses with scheduling problems. 3 The use of an exhibit notebook should obviate the need to approach the witness. 4 If extraordinary circumstances exist, counsel may approach the courtroom deputy who, 5 in turn, will approach the witness. Otherwise, counsel are required to remain at the 6 podium. Where counsel seeks to impeach a witness by use of that witness' prior 7 deposition or other discovery materials, copies of the relevant document must be provided 8 to the witness, the Court, and opposing counsel. 9 Examinations: Counsel are advised to avoid eliciting witnesses' personal identifiers 10 such as social security numbers, financial account information, names of minor children, 11 dates of birth and home addresses. If such information inadvertently becomes part of the 12 record, counsel may request redaction of such items. 13 Experts: A proper resume or curriculum vitae, marked as an exhibit, shall be 14 provided in the exhibit notebooks. Jury Trials: Questions intended to qualify the witness as an expert shall be brief. Trials to the Court: A proper resume or curriculum vitae generally will suffice for the determination of an expert witness’ qualification without additional questioning. Depositions: All original deposition transcripts should be delivered to the courtroom deputy before the start of trial. Deposition Testimony: The intent to utilize deposition testimony should be included in the proposed Joint Pretrial Order after counsel have conferred and narrowed any objections. If differences remain, counsel for the offering party shall provide to the Court two (2) copies of the designated transcript FIVE (5) business days prior to the Final 15 16 17 18 19 20 21 22 23 24 25 ORDER SETTING FORTH COURT PROCEDURES - 12 1 Pretrial Conference, each with plaintiff’s designations highlighted in yellow and 2 defendant's designations highlighted in blue and objections noted. Jury Trials: Counsel offering the deposition testimony is required to provide a person to read the designated portions of the transcript. Trials to the Court: Deposition transcripts will not be read at trial. Videotaped Depositions: The intent to utilize videotaped deposition testimony should be included in the proposed Joint Pretrial Order after counsel have conferred and narrowed any objections. If differences remain, the dispute(s) should be summarized in the Joint Pretrial Order and the matter will be addressed at the Final Pretrial Conference. Objections: The Court does not allow "speaking objections" in the presence of the jury.. Counsel must stand when raising objections and limit the objections to shorthand phrases such as "hearsay," "lack of foundation," "asked and answered," etc. If additional discussion is needed, counsel must request to approach the bench. But, frequent or protracted bench conferences are discouraged. Counsel requesting that an immediate jury instruction be given to the jury must provide the Court with the proposed text of the jury instruction. Closing Arguments: Closing arguments generally will be limited to no more than FORTY-FIVE (45) minutes per side. Requests for longer presentations must be submitted to the Court before closing arguments begin. Plaintiff may reserve for rebuttal up to one-half of the time actually used during the direct argument. Counsel are reminded that it is improper to argue matters not in evidence or to express personal opinions or beliefs about the case. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDER SETTING FORTH COURT PROCEDURES - 13 D. Jury Trials Proposed joint voir dire, proposed joint jury instructions, and verdict forms shall be filed TWENTY-EIGHT (28) days prior to the Trial Date as part of the Joint Pretrial Statement. In civil trials, the jury shall consist of nine jurors. Each side shall have three peremptory challenges. Voir Dire: The Court will conduct voir dire and will consider proposed joint voir dire questions submitted in advance by counsel. Counsel may also submit additional individually directed written questions during the voir dire that the Court will ask the individual jurors. Counsel for each party may have TEN (10) minutes each to further question the prospective jurors. Counsel shall not ask questions submitted to and rejected by the Court. Preliminary Instructions: After the jury is selected and sworn, the Court will give preliminary instructions to the jury. These instructions will generally include a description of the trial process, the responsibilities of the participants, the burden of proof, the daily trial schedule, procedures governing juror note taking and the duty not to discuss the case with anyone until deliberations begin. If counsel for any party desires that any additional preliminary instructions be given, they shall include a request in the proposed joint jury instructions. Note Taking by Jurors: Generally, jurors will be permitted to take notes in notebooks which the Court will provide. The jurors will be given a preliminary instruction about note taking. During recesses, jurors will be required to leave their notebooks in the courtroom. At the end of each day, the notebooks will be collected by the courtroom deputy, and will be placed back on the jurors' seats at the commencement of the trial on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDER SETTING FORTH COURT PROCEDURES - 14 1 the following day. At the end of the trial, the jurors will be permitted to take their notebooks 2 to the jury room for use during deliberations. At the end of deliberations, any notes taken 3 by jurors will be destroyed. 4 5 Jury Instructions: To the maximum extent possible, counsel for the parties shall agree on one stipulated set of proposed jury instructions; only uncertainty in 6 the binding substantive law should prevent such agreement. Each instruction should 7 begin on a new page. Where disagreements arise, the proposed jury instructions shall 8 include the alternate instructions and argument and authority for the instruction not to 9 exceed TWO (2) pages for each party and instruction. 10 Final Jury Instructions: Prior to the closing arguments, the Court will advise 11 counsel of the Court’s determinations concerning instructions to be given to the jury. 12 Where warranted, the Court will conduct a jury instruction conference to allow counsel to 13 lodge argument related to disputed jury instructions. 14 The jury will be instructed prior to closing arguments. A written copy of the 15 instructions will be given to each juror when the jury commences its deliberations. 16 Deliberations: The jury will be given all admitted exhibits, the written jury 17 instructions, and any verdict form and special interrogatories that the Court has decided 18 to use. Throughout jury deliberations counsel must be within twenty minutes of the 19 courthouse for the Court to expeditiously respond to any jury notes or a verdict. Counsel 20 who choose not to remain in the immediate vicinity of the courtroom must provide the 21 courtroom deputy or law clerk with a telephone number where they can be contacted. 22 Unless counsel object, the jury will not be brought into the courtroom to be excused at the 23 end of the day, nor for resumption of deliberations when it returns the following day. 24 25 ORDER SETTING FORTH COURT PROCEDURES - 15 1 Instead, the courtroom deputy or law clerk will excuse the jury from the jury room at the 2 end of the day and collect all exhibits, notebooks, and verdict forms. These items will be 3 returned to the jury room when the jury returns the next morning to continue its 4 deliberations. The jury will be reminded that they are not permitted to discuss the case 5 with anyone. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 E. Trials to the Court Proposed findings of fact and conclusions of law shall not be filed in advance of trial. Where necessary, the Court will order that such documents be filed at the conclusion of trial. VIII. Compliance A failure by any party to fully comply with this order may result in the imposition of sanctions. SO ORDERED. Dated this ___ day of __________, 202_. Theresa L. Fricke United States Magistrate Judge ______________________ ORDER SETTING FORTH COURT PROCEDURES - 16

=== Example Settlement Conference Order ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA [Plaintiff] v. [Defendant] Plaintiff, Defendants. Case No. C ORDER RE: SETTLEMENT CONFERENCE WITH UNITED STATES MAGISTRATE JUDGE Counterclaimant v. Counter-Defendant This matter comes before the Court on the parties’ [joint motion] [request] for settlement conference under LCR 39.1(e) to occur before [insert date] with a United States Magistrate Judge, Dk.__, and the Honorable ______’s decision to grant the parties’ [motion] [request], referring this case to the undersigned for settlement purposes. Dkt. ___. Accordingly, Court orders as follows: The parties are directed to appear for a Settlement Conference to be held at the 23 [insert location]. The Conference will start at 9:00 AM on [insert date] , 2018. The [insert 24 25 ORDER RE: SETTLEMENT CONFERENCE WITH UNITED STATES MAGISTRATE JUDGE - 1 1 2 3 location] is located at [insert address]. The required settlement memoranda, more fully described below, are due no later than midnight on [insert date] , 2018. Persons with ultimate settlement authority must be personally present or readily available 4 by phone. 5 6 7 Participation of parties – in person -- is likely to increase the efficiency and effectiveness of the settlement conference. Any party who resides or has a business address within 100 miles of the courthouse shall attend the conference in person with counsel. A request to be 8 exempt from this requirement should be submitted to the Court in writing no later than one week 9 prior to the conference. Please address any request to [insert name], Judicial Law Clerk to 10 Magistrate Judge Fricke, at: [insert email]. The email subject line should include your case 11 number and “Request for non-appearance of a party.” 12 Parties not appearing in person shall be available by phone and email (including the 13 ability to review documents and sign) for the duration of the settlement conference. 14 Any counsel appearing without authority to negotiate, or without the ability to readily 15 contact the person with full and ultimate settlement authority throughout the settlement 16 conference, may be sanctioned. 17 Other people who may increase the probability of settling the case should be present, if 18 possible. For example, the attendance of an expert may be helpful. Counsel assisting the client on 19 related matters may need to be involved. At the very least, contact information should be 20 available for them at the conference. 21 At least ten days prior to the conference (on or before [insert date]), the plaintiff is to 22 have made a settlement demand. No later than one week prior to the conference [insert date], the 23 defendant is to have responded to that demand. Even if the conference is set less than ten days 24 25 ORDER RE: SETTLEMENT CONFERENCE WITH UNITED STATES MAGISTRATE JUDGE - 2 1 out from this notice, the plaintiff must still make a settlement demand and the defendant must 2 still respond prior to the conference. 3 In addition, at least one week prior to the conference, counsel should circulate updated expert 4 reports, etc., if such reports will assist with the negotiations and settlement decision. Because 5 defense counsel are likely reporting to clients, adjusters, and risk managers who need time to 6 review and evaluate, exchanging such information several days before the settlement conference 7 will help ensure defense counsel arrives with enough authority to settle the matter. 8 Defense counsel should allow enough time to speak to their decision makers about the 9 information and authority, and are expected to provide any new documentation to plaintiff’s 10 counsel at least one week before the settlement conference. If the client/adjuster will not be 11 present, please obtain all office and cell phone numbers you may need to contact that person 12 during the conference. 13 14 Each party shall provide, in confidence, a concise settlement memorandum no longer than ten double spaced pages and which should not include attachments or exhibits unless under 15 extraordinary circumstances. Please do not file these confidential memoranda with the Clerk’s 16 Office or serve the memoranda on opposing counsel. Each party’s confidential memorandum 17 shall include a brief description of: 1. any liability disputes; 2. facts you believe you can prove at trial; 3. the damages at issue in the case; 4. the major weaknesses in each side’s case, both factual and legal; 5. the history of settlement negotiations thus far; 6. the party’s settlement position; 18 19 20 21 22 23 24 25 ORDER RE: SETTLEMENT CONFERENCE WITH UNITED STATES MAGISTRATE JUDGE - 3 1 2 3 4 5 6 7 8 7. the major obstacle(s) to settlement as you perceive it; 8. reference (by docket number) to any pending motions that would have a significant effect on settlement for the Court to review prior to settlement; 9. special issues that may have a material bearing upon settlement discussions; And 10. any person(s) (with a description of their position or role) you plan to bring to the settlement conference. In setting forth your settlement position, please do not limit your discussion to arguments on 9 the merits of your case. For the Court and parties to be successful in the limited time provided 10 for this settlement conference, you should provide the Court with a clear and candid 11 understanding of your and your client’s actual evaluation of the interests, values, and monetary 12 aspects that your client is most concerned about in any potential settlement of this case and an 13 idea of terms under which you believe the case should settle. 14 The memorandum shall include the case number, case name, and should be emailed directly 15 to Magistrate Judge Fricke, at: [insert email]. The email subject line should read: “Confidential 16 – [name of party] v. [name of party] - , 2018 - [Plaintiff’s/Defendant’s] Settlement Position 17 Paper.” Do not mail hard copies of the settlement memorandum to chambers. 18 You may be contacted by the Court to answer questions, clarify issues, and discuss other 19 preliminary matters designed to ensure the conference itself is productive. Counsel may contact 20 the Court by sending an email to [insert] if counsel would request an appointment with 21 Magistrate Judge Fricke to address any matters they believe need to be discussed in advance, 22 including any request to bring exhibits, technology-assisted presentations, or conduct lengthy 23 opening statements. 24 25 ORDER RE: SETTLEMENT CONFERENCE WITH UNITED STATES MAGISTRATE JUDGE - 4 1 It is the duty of the plaintiff(s) to notify the Court if trial is continued or if the case is settled 2 or otherwise disposed of prior to the date of the scheduled settlement conference, so that the 3 matter may be removed from the Court’s docket. 4 In the days immediately preceding the settlement conference, if either party believes that 5 negotiation attempts would not be fruitful at the time set for the conference for any reason, that 6 party should contact the Court as soon as possible to discuss the concern. Counsel for the parties 7 are strongly encouraged to engage in preliminary discussions with an eye toward meaningfully 8 narrowing their disputes before appearing for the Conference. 9 The Court expects that each participant will be well-prepared, open-minded, and sincerely 10 interested in achieving a settlement. Each party should bring to the settlement conference an 11 electronic copy of a draft settlement agreement, containing options for proposed essential 12 elements of a settlement contract. To encourage open communication, the Court orders that all 13 matters communicated in connection with this judicial settlement are confidential and not to be 14 used for any other purpose. 15 16 17 18 19 20 21 22 23 24 25 Dated this [insert] day of November, 2018. Theresa L. Fricke United States Magistrate Judge ORDER RE: SETTLEMENT CONFERENCE WITH UNITED STATES MAGISTRATE JUDGE - 5