Judge Holmes' Practices and Procedures; Judge Holmes' Standard Form Initial Case Management Order; Judge Holmes' Form Initial Case Management Order for ERISA Employee Benefit Cases; Judge Holmes' Form Initial Case Management Order for FLSA Cases; Judge Holmes' Form Initial Case Management Order for

=== Judge Holmes' Practices and Procedures ===

PRACTICE AND PROCEDURE MANUAL FOR JUDGES AND MAGISTRATE JUDGES FOR THE MIDDLE DISTRICT OF TENNESSEE (Magistrate Judge Barbara D. Holmes) I. II. NAME AND BRIEF BIOGRAPHY ...................................................................................1 PRELIMINARY GENERAL MATTERS .......................................................................... 1 A. B. C. D. E. F. Scheduling ............................................................................................................................... 2 Correspondence with the Court ........................................................................................ 2 Telephone Conference with the Court .............................................................................. 2 Telephone Conference with Law Clerks ........................................................................... 3 Pro Se Litigants ................................................................................................................. 3 Chamber Copies of Filings ............................................................................................... 3 III. PRETRIAL MATTERS FOR CIVIL CASES ................................................................................. 3 A. B. C. Case Management Conferences and Orders ..................................................................... 3 Agreed Orders, Continuances and Extensions .................................................................. 4 Pretrial Motions ................................................................................................................ 4 1. 2 3. 4. Referral to Magistrate Judge .................................................................................. 4 Dispositive Motions ............................................................................................... 4 Briefs ............................................................................................................................ 5 Oral Argument ....................................................................................................... 5 D. Discovery ................................................................................................................................ 5 1. 2. 3. 4. 5. Interrogatories .............................................................................................................. 5 Telephone Depositions ........................................................................................... 5 No Speaking Objections During Depositions ........................................................ 5 Discovery Disputes ................................................................................................ 5 Motions to Compel or for Protective Order/Rule 37 Sanctions .............................. 6 Protective Orders and Motions to Seal Documents or Portions of Documents ................ 6 Expert Witnesses .............................................................................................................. 6 Settlement Conferences ..................................................................................................... 7 1. 2. Who Presides ......................................................................................................... 7 Procedure ..................................................................................................................... 7 Pretrial Briefs .................................................................................................................... 7 Pretrial Orders .................................................................................................................. 7 Pretrial Conference ........................................................................................................... 8 Temporary Restraining Orders.......................................................................................... 8 E. F. G. H. I. J. K. i IV. PRETRIAL MATTERS FOR CRIMINAL CASES ....................................................................... 8 A. B. C. D. E. F. G. Initial Appearances, Detention Hearings and Preliminary Hearings ................................... 8 Discovery and Pretrial Motions .......................................................................................... 9 Status Conferences and Pretrial Conferences ..................................................................... 9 Locating Incarcerated Clients ............................................................................................. 9 Service of Subpoenas for Criminal Proceedings. ................................................................ 9 Requests for Continuance of Trials in Criminal Matters .................................................... 9 Guilty Pleas ......................................................................................................................... 9 V. TRIAL PROCEDURES ................................................................................................................ 10 A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Q. R. S. Scheduling ........................................................................................................................ 10 Out-of-Town Parties, Witnesses or Attorneys .................................................................. 10 Motions in Limine ............................................................................................................. 10 Voir Dire and Jury Selection............................................................................................. 10 Note-Taking by Jurors ...................................................................................................... 10 Opening Statements .......................................................................................................... 11 1. 2. Length .................................................................................................................. 11 Use of Exhibits ..................................................................................................... 11 Courtroom Decorum and Witness Examination ............................................................... 11 Side Bar Conferences ........................................................................................................ 11 Videotaped or Audiotaped Testimony .............................................................................. 12 Deposition Reading ........................................................................................................... 12 Exhibits ............................................................................................................................. 12 Witness Lists ..................................................................................................................... 12 Courtroom Technology ..................................................................................................... 12 Motions for Judgment as a Matter of Law ........................................................................ 13 Proposed Jury Instructions and Verdict Forms ................................................................. 13 Proposed Findings of Fact and Conclusions of Law. ........................................................ 13 Offers of Proof .................................................................................................................. 13 Closing Argument ............................................................................................................. 13 Jury Deliberation ............................................................................................................... 13 1. 2. 3. 4. 5. Copy of Instructions. ............................................................................................ 13 Access to Exhibits ................................................................................................ 13 Access to Transcript of Testimony or Videotaped Testimony ............................. 14 Availability of Counsel ........................................................................................ 14 Taking the Verdict and Special Interrogatories.................................................... 14 ii 6. 7. Polling the Jury .................................................................................................... 14 Interviewing the Jury ........................................................................................... 14 T. Requests for Attorneys' Fees ............................................................................................. 14 VI. SENTENCING IN CRIMINAL CASES ....................................................................................... 14 VII. MEDIA COMMUNICATIONS .................................................................................................... 14 iii I. NAME AND BRIEF BIOGRAPHY Magistrate Judge Barbara D. Holmes Judge Holmes was appointed U.S. Magistrate Judge in August 2015. She is a graduate of Adams State University (in southern Colorado) and Vanderbilt University School of Law. Prior to her appointment, Judge Holmes practiced law for almost 30 years in Nashville, representing clients in commercial and bankruptcy litigation in federal and state courts, in business workouts, and in custody and other juvenile law matters on a pro bono basis. In addition to private practice, Judge Holmes previously worked for the U.S. Department of Justice in the Office of the U.S. Trustee for Region 8. Judge Holmes is a Master with the Harry Phillips American Inn of Court. She is also a former director and past president of the Mid-South Commercial Law Institute and a former director and past president of the Nashville Bar Association. Judge Holmes is a fellow of the Tennessee Bar Foundation, for which she also served as Chair of the Board of Trustees. She is also a fellow of the American Bar Foundation and the Nashville Bar Foundation. Judge Holmes previously served on the Tennessee Bar Association Board of Governors, and is a past chair of the Executive Council for the TBA Bankruptcy Law Section and a past chair of the TBA Public Education Committee. She is also a member of the TBA Ethics and Professional Responsibility Committee. Judge Holmes is a delegate to the ABA House of Delegates and a former member of the ABA Commission on Youth at Risk. Judge Holmes previously served as a Hearing Committee member for the Tennessee Board of Professional Responsibility. She is a frequent producer and lecturer on a broad range of continuing legal education topics, previously chaired the CLE Committee of the Nashville Bar Association, and chaired a special task force on continuing legal education for the NBA. Judge Holmes is also a recipient of the Nashville Bar Association's CLE Award for exceptional service to the NBA's CLE program. Judge Holmes was previously a Rule 31 mediator. She was also previously a Juvenile Court referee, where she heard cases involving truancy, dependency and neglect, and private custody and visitation disputes. Judge Holmes also chaired a statewide commission on juvenile justice issues for the Tennessee Bar Association, which, among other things, assisted with development of new standards for guardians ad litem. II. PRELIMINARY GENERAL MATTERS This Practice and Procedure Manual was prepared at the request of the Federal Court Committee of the Nashville Bar Association in the format of manuals previously compiled by the Committee. [The following paragraphs are excerpted from original Manuals: The Committee expresses thanks to all of the Judges and Magistrate Judges, and to the Clerk of the Court, for all of the input and guidance they provided in gathering this information. In preparing the Manual, efforts were taken to avoid repeating or characterizing rules otherwise contained in the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, the Local Rules of Court, the Local Rules Governing Duties of and Proceedings before Magistrate Judges, or the Administrative Practices and Procedures for Electronic Case Filing. The Manual does not attempt to be an 1 exhaustive guide for the practice of law. It is intended to provide information about judicial practices and preferences in this District that are not necessarily addressed in any set of rules. To the extent that there is any conflict between this Manual and these other applicable rules, practices and procedures, the other applicable rules, practices and procedures control. This Manual is the work of the Nashville Bar Association. It is not an official statement of the Court. This Manual may not be cited as authority, and is subject to change at any time without notice. Last, at the time the Manual was prepared in 2005, the District had only recently adopted electronic case filing. It would be prudent, therefore, to review local rules and administrative orders for information about electronic case filing and address any questions to the Judge or Magistrate Judge in a particular case.] A. Scheduling Judge Holmes' courtroom deputy can be contacted at (615) 736-5164. Her courtroom deputy handles scheduling of telephonic conference and matters to be set in the courtroom, including trial settings. B. Correspondence with the Court Other than for scheduling purposes, correspondence with the Court is discouraged. Written communication with the Court should be in the form of pleadings, motions, notices, memoranda, and briefs, as provided for in the Federal Rules of Civil Procedure and the Local Rules. In the rare instances when correspondence with the Court is permitted, directed or invited by the Court, a copy of the correspondence shall be served on opposing counsel, and all such correspondence will be filed with the Clerk of Court and is a matter of public record, unless otherwise directed by the Court, as in the case of confidential settlement conference statements. C. Telephone Conferences with the Court The judges, upon request, generally will attempt to accommodate out-of-town counsel or other circumstances unique to the case by permitting joint telephone conferences with the Court. The judges also may entertain telephone conferences regarding discovery disputes that arise during depositions. As discussed below, Judge Holmes does not generally permit out-of-town counsel to participate in initial case management conferences telephonically. Requests for out-of-town counsel to participate telephonically in matters set before Judge Holmes should be made by motion sufficiently in advance of the matter set to allow for consideration of the motion. Judges Holmes encourages the use of joint telephone conferences with the Court to resolve discovery disputes (including for disputes that arise during depositions), for subsequent case management conferences, and other simple matters. Judge Holmes does not record telephone conferences, but usually (although not always) enters an order generally reciting the substance and 2 outcome of the telephone conference. To create any other record, the proceeding will need to occur in court. D. Telephone Conference with Law Clerks Judge Holmes discourages telephone conferences with her law clerks, other than as necessary to inquire about a scheduling question or issue. The merits of the case should never be discussed with the law clerks. E. Pro Se Litigants Pro se litigants are expected to follow the Local Rules and these guidelines, as are all parties represented by counsel. Judge Holmes typically does not set initial case management conferences in pro se cases, but she does enter scheduling orders. F. Chamber Copies of Filings Generally, Judge Holmes does not want chamber copies of filings. Occasionally, in a particular case because of the size of the filing or for some other specific reason, Judge Holmes will request a chambers copy from counsel. III. PRETRIAL MATTERS FOR CIVIL CASES A. Case Management Conferences and Orders Judge Holmes will generally utilize the referring District Judge’s standard case management order, with additional information she requires in all case management orders. (For specific additional information and other instructions, attorneys should refer to Judge Holmes’ standard order and Instructions for Initial Case Management Conferences available by separate links, and the Notice of Setting of Initial Case Management Conference entered in ECF.) If the referring District Judge does not have a standard form, Judge Holmes’ preferred standard form, which is available by separate link, can be used. If there are any special discovery or other case management procedures contemplated, those should be discussed and included in the proposed initial case management order. Also, if there is a disagreement over the case management schedule, counsel should not submit separate proposed orders; they should separately state their proposals under each section in the same proposed order. In addition to filing the proposed initial case management order, counsel should ensure that a copy is also emailed to the courtroom deputy in Word format on the same date that the proposed initial case management order is electronically filed. Carefully read the Notice of Setting of Initial Case Management Conference for additional instructions. Judge Holmes holds initial case management conferences in-court, not by telephone. Lead counsel for each party is required to attend the initial case management conference in person. If lead counsel is not available or is located out of town, a motion may be filed for another counsel of record to attend, which will generally be granted on the condition that the attending counsel have access to lead counsel’s calendar for purposes of scheduling case management deadlines and selecting a target trial date. 3 B. Agreed Orders, Continuances and Extensions Judge Holmes tries to conform her practice on these matters to the referring District Judge and will not make scheduling modifications that may affect a trial date set by the District Judge. Judge Holmes also requires the following procedures be followed for motions to modify a case management order or deadline: Any motion to modify a case management order or any case management deadline must be filed at least seven (7) days in advance of the earliest impacted deadline. Unless a joint motion, the motion for modification must include a statement confirming that counsel for the moving party has discussed the requested modification or extension with opposing counsel and whether or not there is any objection to the requested modification or extension. The motion for modification must also include: (i) all deadlines, even unaffected deadlines, so that it will not be necessary for the Court to review one or more previous case management orders in consideration of the motion and (ii) a statement that the requested extension will still conform to the requirements of LR 16.01(d)(2.f) that no dispositive motion deadline, including response and reply briefs, shall be later than 90 days in advance of the trial date. Motions for extensions should also detail the moving party’s efforts at diligently complying with the facts demonstrating good cause for modification of the deadline as required by Fed. R. Civ. P. 16(b)(4). the originally schedule deadline and If, as a result of the requested modifications, the parties are also seeking a continuance of the trial date, the motion should be styled as a motion to continue trial, with a request that, if the trial is continued, the parties’ requested modifications of the case management schedule be referred for consideration by the Magistrate Judge. Proposed orders granting motions to extend deadlines should recite that, except for the modifications provided in the order, all other provisions of previous case management and scheduling orders remain in full force and effect. Parties should note that even if this language is omitted, either by the parties or by Judge Holmes, she considers this to be the case. In cases that she has on consent, Judge Holmes will consider extensions upon agreement or for good cause shown. C. Pretrial Motions 1. Referral to Magistrate Judge Judge Holmes has no applicable comments regarding this section. 2. Dispositive Motions The District Judges, with the exception of pro se cases, normally resolve dispositive motions without reference to a Magistrate Judge. District Judges may refer specific dispositive motions to 4 a Magistrate Judge for a Report and Recommendation and will normally refer all dispositive motions in cases where at least one of the litigants is pro se. Judge Holmes will rule on dispositive motions when the parties consent to trial before a Magistrate Judge. 3. Briefs In appropriate cases, leave of Court to exceed the page limitations in the Local Rules is liberally granted. A reply memorandum may be filed upon leave of Court. Proposals for additional pages and a reply schedule should be included in the proposed case management order, and raised at the initial (or a subsequent) case management conference. 4. Oral Arguments Judge Holmes grants oral argument when it is appropriate or when it would be beneficial. Requests for oral argument should be made in the title and body of the underlying motion, or, preferably, by separate motion. D. Discovery Attorneys are expected to be knowledgeable of the 2015 amendments to discovery rules, and should prepare their written discovery requests and responses in accordance with the amendments. 1. Interrogatories If the needs of a case dictate more than (or fewer than) 25 interrogatories, such issues should be raised at a case management conference or, if that is not practical, by motion. 2. Telephone Depositions Judge Holmes has no applicable comments regarding this section. 3. No Speaking Objections During Depositions Speaking objections are not allowed during the course of depositions. Similar to LR 39.01(d)(2), objections made during depositions shall be concisely stated as being "hearsay," "a conclusion," etc., without argument. 4. Discovery Disputes The judges agree that every effort should be made by the attorneys to resolve discovery disputes before bringing them to the Court's attention. For those cases assigned to a Magistrate Judge, discovery disputes will generally be decided by the Magistrate Judge. Judge Holmes will schedule a telephonic discovery conference upon request (or as provided for by the case management order). The required effort to resolve a discovery dispute before bringing it to the attention of Judge Holmes means the attorneys should talk about the disputed 5 issues, and the certification required by LR 37.01(b)(3) should state that the attorneys have spoken as required. Discovery disputes that cannot be resolved after good faith discussions should be brought promptly to the attention of Judge Holmes either by a request for a discovery conference or a discovery motion. In connection with any discovery conference or discovery motion, the parties will be required file a joint discovery dispute statement, which describes the specific discovery request(s) in dispute and details each party’s position with supporting fact and legal authorities. 5. Motions to Compel or for Protective Order/Rule 37 Sanctions Judge Holmes considers motions to compel/for protective order or for sanctions on a case-by- case basis. However, if counsel have not spoken to each other in an effort to resolve the dispute, or if there is any uncertainty about whether counsel have spoken to each other, the motion to compel or for sanctions will be denied. Any motion to compel or for a protective order must address the proportionality considerations in Fed. R. Civ. P. 26(b)(1). E. Protective Orders and Motions to Seal Documents or Portions of Documents Judge Holmes appreciates the need for protective orders in certain cases. Motions to approve agreed protective orders and proposed protective orders must not impermissibly conflate the standards for production of information as confidential with the more demanding standards for sealing judicial records from public view by containing any provision that information designated as “confidential” will be automatically sealed if filed with the Court. See Shane Group, Inc. v. Blue Cross Blue Shield of Michigan, 825 F.3d 299 (6th Cir. 2016). If this provision for automatic sealing is contained in a proposed protective order, it will either be stricken or the motion for entry of the proposed protective order will be denied. If a party wants to file confidential materials with the Court, and requests that those materials be placed under seal, the procedures in Section 5.07 of Administrative Order 167 – Administrative Practices and Procedures for Electronic Case Filing should be followed. In order for the Court to make the requisite findings and conclusions mandated by the Sixth Circuit, “[t]he proponent of sealing must provide compelling reasons to seal the documents and demonstrate that the sealing is narrowly tailored to those reasons—specifically by ‘analyz[ing] in detail, document by document, the propriety of secrecy, providing reasons and legal citations.’” Beauchamp v Federal Home Loan Mortgage Co., 628 Fed.Appx. 202, 207 (6th Cir. 2016) (quoting Shane Grp, Inc. v. Blue Cross Blue Shield of Michigan, supra at *3). A protective order in a case is insufficient cause for sealing a document. Id. Generally, “only trade secrets, information covered by a recognized privilege (such as the attorney-client privilege), and information required by statute to be maintained in confidence … is typically enough to overcome the presumption of [public] access.” Rudd Equipment Co., Inc. v. John Deere Construction & Forestry Co., 834 F.3d 589, 594-95 (quoting Baxter Int’l, Inc. v. Abbott Labs., 297 F.3d 544, 546 (7th Cir. 2002 . F. Expert Witnesses Judge Holmes allows examination of experts by a standard question and answer format and does not require the testimony to be reduced to writing. 6 G. Settlement 1. Who Presides All Magistrate Judges handle settlement conferences for each other. Most settlement conferences are done by Magistrate Judges who are not assigned to the case, although parties may request that the assigned Magistrate Judge conduct the settlement conference. The selection of a judge to conduct a settlement conference is viewed as an appropriate use of forum shopping. When Judge Holmes conducts a settlement conference in a case which to which she is assigned and the case doesn’t settle, she will recuse herself from the case if there are any other pending or possible case management matters. Judge Holmes prefers that requests for a settlement conference be made by motion for a status conference, which should also state (i) the reasons why mediation under LR 16.05 is not feasible; (ii) the parties’ proposed timing for scheduling of the settlement conference; and (iii) any preference of a particular Magistrate Judge to conduct the settlement conference (which may include Magistrate Judge Bryant, who has been recalled on a limited availability to conduct settlement conferences). Judge Holmes will then schedule a telephonic status conference to discuss the need for (and, if appropriate, referral for and scheduling of) a judicial settlement conference. 2. Procedure If Judge Holmes is the settlement judge, she will issue an order with specific requirements for submissions by the parties. Generally, this submission should include a description of the case, the history of any settlement offers already exchanged, the party's evaluation of the case, the cost of litigation, and representation that these matters have been discussed with the client. These confidential statements should be submitted directly to Judge Holmes’ courtroom deputy and not filed with the Court. They do not become part of the case file. All individual parties must be present with full settlement authority, and all corporate parties must be present with representatives having full settlement authority. Judge Holmes conducts a telephone conference with only attorneys prior to the settlement conference to discuss the logistics of the settlement conference. If a settlement is reached, counsel and the parties should be prepared to reduce the settlement (or at least the major terms) to writing to be signed by all parties before leaving the courthouse. H. Pretrial Briefs Judge Holmes encourages pretrial briefs in non-jury cases. She may request (additionally or instead) that the parties’ positions be presented as proposed findings of fact and conclusions of law, either prior to trial or within a prescribed period of time after the parties receive the transcript. I. Pretrial Orders Unless ordered otherwise, an agreed proposed pretrial order should be jointly prepared by the parties and submitted to the Court no later than the time of the pretrial conference. The proposed order should contain: (1) statement of the basis for the Court’s jurisdiction; (2) a short summary of plaintiff's theory (no more than one page) and a short summary of defendant's theory (no more than one page); (3) the issues to be submitted to the judge or jury; (4) any procedural issues; (5) a 7 statement that the pleadings are amended to conform to the pretrial order and that the order supplants the pleadings; (6) a succinct statement of the relief sought; (7) a summary of any anticipated evidentiary disputes; (8) a statement that counsel have complied with the requirements regarding the exchange of witness lists, exhibit lists, expert witness statements, depositions which are expected to be offered into evidence, etc.; and (9) an estimate of the anticipated length of trial. J. Pretrial Conference All counsel who are expected to participate in the trial must attend the pretrial conference. Counsel must submit to the Court prior to the pretrial conference the following: (1) stipulations; (2) motions in limine; (3) witness list; (4) exhibit list, and (5) for a jury trial, proposed jury instructions, with citations to supporting authorities, and proposed jury verdict forms. Counsel should also be prepared at the pretrial conference to: (1) identify and discuss undisputed facts and issues; (2) discuss expert testimony; (3) generally preview proposed testimony and exhibits; (4) discuss motions in limine; (5) discuss settlement; and (6) if pretrial briefs have not already been filed, discuss what shall be in the pretrial briefs and when the briefs shall be filed. The parties may be required to file additional materials as necessary. K. Temporary Restraining Orders Generally, requests for TROs are handled by the District Judges. IV. PRETRIAL MATTERS FOR CRIMINAL CASES A. Initial Appearances, Detention Hearings and Preliminary Hearings When a person is arrested on federal charges, the person ordinarily must be taken before a Magistrate Judge without unnecessary delay. Prior to this initial appearance, a pretrial services officer will provide the defendant with a financial affidavit if the defendant is seeking appointment of counsel, and will also provide a form called Important Notice to Defendant and Explanation of Rights and Proceedings. At the initial appearance, the Magistrate Judge will review these documents, the charges, and the statutory maximum penalties with the defendant. The requirements for initial appearances are set forth in Fed.R.Crim.P. 5. In addition to the initial appearance, a Magistrate Judge will conduct the arraignment, detention hearing, and preliminary hearing. See Fed.R.Crim.P. 5.1 (Preliminary Hearings); Fed.R.Crim.P. 10 (Arraignments); 18 U.S.C. § 3142 (Bail Reform Act). In felony cases where a defendant has been indicted, the defendant may submit a written AWaiver of Personal Appearance at Arraignment and Entry of Plea of Not Guilty”, in lieu of an in-court arraignment. A waiver form is available on the Court’s website. In cases involving non-English speaking defendants, the Court will provide an interpreter for court proceedings. The courtroom deputy will usually attempt to arrange to have the interpreter 8 come to the courthouse approximately thirty minutes to one hour prior to the time set for the initial appearance, so that the interpreter will be available at that time to assist defense counsel to converse with the client. If defense counsel requires an interpreter to converse with the client at other times, counsel should contact the interpreter directly to arrange the meeting. The name and phone number for an interpreter can be obtained from the Clerk=s Office at (615) 736-5498. B. Discovery and Pretrial Motions In felony cases, the practice in the Middle District is for the District Judges to hear all pre-trial matters, such as admissibility of confessions, suppression of evidence, motions to dismiss, etc. If a particular matter is referred to a Magistrate Judge, it will be handled on an expedited basis. For petty offenses, which do not require consent, and for misdemeanors where consent to proceed before the Magistrate Judge has been granted, the Magistrate Judge will conduct all pretrial matters. C. Status Conferences and Pretrial Conferences Judge Holmes has no applicable comments regarding this section. D. Locating Incarcerated Clients There are no federal detention facilities currently located in the Middle District of Tennessee. The United States Marshals Service contracts for space with a number of local detention facilities in Tennessee and Kentucky. If a defendant is detained pending trial, defense counsel may contact the United States Marshal’s Office at (615) 736-5417 to find out where their client is located. Defense counsel should then contact the facility directly concerning visitation and other rules of the particular facility where the client is located. E. Service of Subpoenas for Criminal Proceedings If defense counsel has been appointed by the Court, the United States Marshal will serve subpoenas on behalf of the defendant. Defense counsel must obtain an order from the district court judge that directs the United States Marshal to serve the subpoenas. This order should be obtained, and the list of subpoenas should be provided to the United States Marshal, well in advance of the criminal proceedings where the witnesses shall appear. F. Requests for Continuances of Jury Trials in Criminal Matters Judge Holmes has no applicable comments regarding this section. G. Guilty Pleas The Court has standard plea petition forms that must be completed and submitted by the defendant in felony and misdemeanor cases. These form petitions are available on the Court's website. Even in cases where the defendant has entered a plea agreement with the U.S. Attorney, the standard plea petition must be submitted as well. 9 V. TRIAL PROCEDURES A. Scheduling Jury trials in Nashville usually begin on Tuesdays at 9:00 a.m. and continue until concluded. The court day generally runs from 9:00 a.m. to 5:00–5:30 p.m. with a one-hour lunch break. However, counsel should be prepared to arrive early or stay late in order to discuss matters outside the presence of the jury or when the jury wishes to deliberate past normal working hours. Bench trials will be set by availability on Judge Holmes’ calendar. B. Out-of-Town Parties, Witnesses or Attorneys Judge Holmes will attempt to accommodate out-of-town parties, witnesses and attorneys to the extent possible, although local counsel is expected to be ready to try the case. In attempting to into accommodate out-of-town parties, witnesses and attorneys, Judge Holmes consideration potential hardship to other cases and the efficient administration of justice. takes C. Motions in Limine Appropriate motions in limine are encouraged. Such motions identify evidentiary issues that will arise at trial and may help narrow issues for trial. However, attorneys are cautioned against filing excessive motions in limine and should carefully consider whether the issue is more properly raised and decided in the context of an objection at trial. If a motion in limine is not decided until trial, the non-moving party should be careful to not go into a matter that is the subject of a motion in limine, whether in opening statements or with a witness, until a ruling has been made. Judge Holmes makes every effort to decide motions in limine far enough in advance of trial so the parties may plan the presentation of their case. D. Voir Dire and Jury Selection Procedures for voir dire will be discussed at the pretrial conference with Judge Holmes. Counsel are expected to be reasonable in the time used for voir dire, and will not be permitted to argue their case or get too personal with the jury. E. Note-Taking by Jurors and Other Jury Issues Generally, jurors may take notes and may take their notes into the jury room during deliberation. Judge Holmes will instruct the jury regarding the use of notes. Other potential jury issues, including without limitation, questions by the jury and the timing of instructions to the jury, will be addressed on an as-needed basis, either at the pretrial conference or during trial outside the presence of the jury. 10 F. Opening Statements 1. Length Generally, Judge Holmes does not set a time limit for opening statements, but expects attorneys to be reasonable in the time used for opening statements. Judge Holmes may impose a limit or set other guidelines in a specific case. Opening statements should be direct and not contain arguments of counsel. 2. Use of Exhibits Counsel who wish to use exhibits or demonstrative evidence in opening statements should consult with opposing counsel in advance and attempt to work out any objections. At the pretrial conference, counsel should also request permission to use exhibits or demonstrative evidence in opening statements. As a general rule, and subject to any time or other limitations, exhibits to which no counsel has an objection will be allowed during opening statements, and contested exhibits will not be allowed without prior Court approval. G. Courtroom Decorum and Witness Examination Attorneys shall stand when speaking, and all objections and comments thereon shall be addressed to the Court. There shall be no conversation or oral confrontation between opposing counsel, and neither counsel nor parties may leave the courtroom without prior approval of Judge Holmes. Except as noted below, Judge Holmes generally expects that counsel will remain behind, or within an arm's length, of the podium, unless they ask to move about the courtroom, for permission to approach witness, or for permission to approach the courtroom deputy or courtroom officer to pass an exhibit to the witness. Attorneys should introduce their witnesses with the background information referred to in LR 39.01(c)(2) and avoid time-consuming questions on that subject. Attorneys shall make their objections without speeches or coaching the witness. Attorneys should not repeat or attempt to re-characterize a witness’s answers during an examination. Only one attorney for a party may conduct examination and raise objections during the testimony of any given witness. Examination beyond redirect is discouraged, but, if appropriate, Judge Holmes may allow recross. In a particular case, Judge Holmes will sometimes ask (or allow) counsel to remain seated to respond to questions. H. Side Bar Conferences Side bar conferences are allowed, but requests for them should be kept to a minimum and used only for matters that can be resolved quickly. One of the reasons to keep side bar conferences to a minimum is that, due to the size of some of the courtrooms, it is not always possible to prevent the jury from hearing such conversations. 11 Judge Holmes adds that, in addition to the general statement above, she prefers that matters that need to be discussed out of the presence of the jury be raised during recesses. Counsel should anticipate these needs, confer with each other, and notify the courtroom deputy or law clerk as the need to address an issue approaches. I. Videotaped or Audiotaped Testimony Videotaped or audiotaped testimony is allowed. Attorneys should edit the tape to remove irrelevant and objectionable material. Opposing counsel should be allowed to view the tape before it is presented. Judge Holmes expects counsel will discuss this in advance of the pretrial conference and reach an agreement on the method. The use of videotaped testimony should be discussed at the pretrial conference so that appropriate equipment can be made available at the trial. J. Deposition Reading Reading a deposition into the record is allowed. Depositions read at trial should be edited so that only testimony relating to the witness's background, the issues in the case, and credibility is read. It is permissible to have co-counsel, a paralegal, or someone retained for that purpose read the answers of the witness from the witness box when a deposition is to be read at trial. If a transcript is lengthy and it is a non-jury trial, counsel may request to just have the transcript submitted rather than read into the record. K. Exhibits When introducing an exhibit, counsel should always show it to opposing counsel first and have an extra copy available for the Court. Copies of each party's exhibit list and witness list shall be provided to the Court, the courtroom deputy, court reporter and opposing counsel on the first day of trial. Pre-marked: Judge Holmes wants exhibits to be pre-marked, and clearly marked as “Plaintiff’s Exhibit” or “Defendant’s Exhibit”. Stipulation as to admissibility and authenticity: The parties should stipulate as to the admissibility and authenticity of as many exhibits as possible prior to trial. L. Witness Lists Witness lists should be exchanged by the parties as provided in a pretrial order, and should be provided to the Court, the courtroom deputy, the court reporter, and opposing counsel at the beginning of the trial. M. Courtroom Technology Use of courtroom evidence presenter with camera and screen/visual aids: All of the courtrooms have wireless internet connectivity. All judges expect counsel who plan to use courtroom technology to learn how to use it prior to trial so they can accomplish what is intended without assistance from the courtroom staff. The Magistrate Judges’ courtrooms do not have an evidence presenter, but the equipment may be available from the clerk’s office; counsel must make 12 arrangements with the clerk’s office for the use of the equipment. Alternatively, the trial may be held in another courtroom. Either option should be discussed with Judge Holmes as soon as possible so that appropriate arrangements can be made well in advance of trial. If counsel expect to use the evidence presenter or other technology during trial, they should make sure that is discussed at the pretrial conference. If counsel expect to use the evidence presenter or other technology during a hearing, they should notify the Court as much in advance as possible. N. Motions for Judgment as a Matter of Law If counsel can anticipate this motion, they should give the Court advance notice and file a brief in support of the motion. Otherwise, it will be heard on oral motion and argument. In many cases a ruling will be delayed until after a jury verdict. O. Proposed Jury Instructions and Verdict Forms In addition to the requirements of LR 51.01, Judge Holmes requires all proposed jury instructions and verdict forms to be filed prior to the pretrial conference. The order setting the pretrial conference will set the filing deadline. Additionally, proposed jury instructions should be emailed to the courtroom deputy in Word format by the date set out in the pretrial order or as otherwise instructed. P. Proposed Findings of Fact and Conclusions of Law Proposed findings of fact and conclusions of law are discussed above. Q. Offers of Proof Offers of proof are allowed. In a jury trial, offers of proof will ordinarily take place outside the presence of the jury, usually during a break, at lunch, or at the end of the day. R. Closing Argument Counsel may not express personal opinions or beliefs (such as statements that begin with "I believe…"), or make personal references to other lawyers. Counsel may argue any inferences from the proof that are logical and supported by the evidence. There is no set length for closing argument, but may be set on a case-by-case basis. Judge Holmes will consider counsel’s input regarding reasonable time for closing statements. S. Jury Deliberation 1. Copies of Instructions A copy of the jury charge and verdict form will be provided to jurors for use in deliberations. 2. Access to Exhibits Absent any objections, and subject to Item 3 below, jurors are given access to exhibits admitted at trial. Exhibits are sent to the jury room at the beginning of deliberation. 13 3. Access to Transcript of Testimony or Videotaped Testimony Due to the concern that access tends to give undue emphasis to testimony that is transcribed or videotaped, this is discouraged and not frequently allowed. However, the judges will make determinations on a case-by-case basis. 4. Availability of Counsel Counsel will not be required to remain at the courthouse during jury deliberations, but they must advise the courtroom deputy of a phone number where they can be reached on short notice. However, Judge Holmes may instruct counsel otherwise on an as-needed basis. Counsel must be available to appear in Court without unreasonable delay while the jury is deliberating. 5. Taking the Verdict and Special Interrogatories The judges will read the verdict form and special interrogatories. 6. Polling the Jury Judge Holmes will poll the jury upon request of counsel, and may do so in every case of her own volition. 7. Interviewing the Jury LR 39.01(f)(2) controls requests for post-verdict interviewing of jurors. Permission to interview jurors will only be granted in extraordinary circumstances. T. Requests for Attorneys' Fees All requests for attorneys' fees should be made by filing an application in writing supported by detailed affidavits and time records, in accordance with LR 54.01(b). VI. SENTENCING IN CRIMINAL CASES Because sentencings in felony cases are handled by the District Judges, Judge Holmes has no applicable comments about sentencing in felony cases. For petty offenses, which do not require consent, and for misdemeanors where consent to proceed before the Magistrate Judge has been granted, sentencing will be handled on a case-by-case basis as necessary. VII. MEDIA COMMUNICATIONS The Court speaks through its orders and memorandum opinions. 14

=== Judge Holmes' Standard Form Initial Case Management Order ===

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE AT _________________ Plaintiff Defendant Case No. Magistrate Judge Holmes ) Judge _________________ PROPOSED INITIAL CASE MANAGEMENT ORDER As a preliminary matter, the Court reminds the parties and their attorneys that all attorneys of record and attorneys who otherwise participate on behalf of a party in this case must familiarize themselves with and follow the case management procedures and instructions detailed in the Court’s Notice and Order. (Docket No. ___.) A. B. JURISDICTION: The court has jurisdiction pursuant to ______________. BRIEF THEORIES OF THE PARTIES: For Plaintiff: For Defendant: ISSUES RESOLVED: Jurisdiction and venue [if resolved]. ISSUES STILL IN DISPUTE: Damages and liability. [List any other disputed C. D. issues.] E. INITIAL DISCLOSURES: The parties shall exchange initial disclosures pursuant to Fed.R.Civ.P. 26(a)(1), which must include copies (not simply descriptions) of responsive documents and other materials (e.g. photos, videos, etc.), on or before _____________. F. CASE RESOLUTION PLAN AND JOINT STATUS REPORTS: The parties are encouraged to make settlement efforts throughout the pendency of this case and must make a minimum of two independent, substantive attempts at resolution. By no later than _____________, the parties must file a joint case resolution status report confirming their first substantive attempt at settlement. The parties must have conducted enough discovery or otherwise exchanged enough information prior to this date to substantively evaluate and discuss settlement. By no later than _______________, the parties must file another joint status report, which either confirms their second substantive attempt at case resolution or updates the Court on the status of their intended second attempt. The parties’ joint reports must state the specific steps taken toward case resolution, including that an offer or demand was made and responded to and that counsel discussed the parties’ positions and specific next steps to promote case resolution. In other words, the parties must “show their work” in creating a plan to facilitate successful settlement negotiations. The parties may mediate by agreement without the need of further order unless referral for pro bono mediation is requested (which must be made by motion). Any motion for pro bono mediation must include a statement as to why private mediation is not feasible. Any motion for a judicial settlement conference must state (i) the reasons why mediation is not feasible and why a judicial settlement conference is the preferable means of attempting to resolve the case; (ii) the parties’ proposed timing for scheduling of the settlement conference; and (iii) any preference of a particular Magistrate Judge to conduct the settlement conference. The parties’ compliance with this case resolution plan is not optional. The fact that discovery is ongoing or that a dispositive motion is pending does not relieve the parties of their compulsory obligations under this case resolution plan. 2 G. DISCOVERY: The parties must, by no later than ____________,(i) complete all written discovery and depose all fact witnesses and (ii) bring all discovery disputes to the Court’s attention, unless otherwise permitted by the Court. Written discovery and scheduling of depositions must proceed promptly. Discovery is not stayed during dispositive or other motions, unless ordered by the Court. The Court expects all parties and their counsel to cooperate in discovery and to act courteously and professionally in the resolution of any discovery disputes. The Court may impose appropriate sanctions, including any of those authorized by Fed. R. Civ. P. 16(f) or 37(b)(2)(A), upon a finding of a failure to comply with this or any discovery order or upon a finding of other discovery misconduct. No discovery disputes may be brought to the Court for resolution before lead counsel for all parties have conducted an in-person meeting and made a good faith effort to resolve any dispute(s). Discovery disputes that cannot be resolved after the in-person meeting must be brought promptly to the attention of the Magistrate Judge by the filing of a joint discovery dispute statement and a joint motion for a discovery conference. It will be within the Magistrate Judge’s discretion to allow filing of discovery-related motions, after counsel have scheduled and participated in a discovery conference. In connection with any discovery conference, the parties must file a joint discovery dispute statement, of no more than 3 pages per affected party per issue, which identifies and describes the specific discovery request(s) in dispute and details each party’s position with supporting facts and legal authorities, including as to any proportionality considerations. The joint discovery dispute statement must certify that lead counsel for all parties conducted the required in-person meeting and made a good faith effort to resolve each discovery dispute presented in the statement. No discovery conference will be held until a compliant joint statement is filed. If the 3 joint statement is sufficiently detailed, any party may adopt by reference the joint statement for purposes of Local Rule 7.01, but must clearly state in the filing made in accordance with the timing requirements of Local Rule 7.01 that the joint statement is adopted as the party’s memorandum of law or response. H. AMENDMENTS OR ADDITION OF PARTIES: Any motions to amend or to add parties must be filed by no later than ___________ and must comply with Local Rules 7.01 and 15.01. Failure to comply with local rules may result in summary denial of the motion. Amendments or addition of parties by written consent under Fed. R. Civ. P. 15(a)(2) must clearly and conspicuously state that the amended pleading is filed by written consent. Failure to clearly and conspicuously provide notice of the consent filing may result in the amended pleading being stricken. I. [only if applicable] DISCLOSURE AND DEPOSITIONS OF EXPERTS: The plaintiff must identify and disclose all expert witnesses and expert reports on or before __________. The defendant must identify and disclose all expert witnesses and reports on or before ________. Rebuttal experts and reports shall be permitted only by leave of court. Unless otherwise provided for in a separate pretrial order, supplemental expert disclosures, which specifically include, but are not limited to, any supplemental information to expert reports, must be made in accordance with Rule 26(a) and (e). Supplemental expert opinions or other expert disclosures not timely disclosed may be excluded at trial. See Local Rule 39.01(c)(5)(C). Expert depositions must be completed by ____________________. J. ANOTHER CASE MANAGEMENT CONFERENCE. The Court does not set second case management conferences or require the parties to file status reports as a matter of course in civil actions. The parties and their counsel are reminded of their responsibility to prepare 4 this case according to the case management schedule. Failure to do so may result in any of the remedies authorized by Fed. R. Civ. P. 16(f). The Court will not provide reminders of case management deadlines and will not otherwise prompt the parties to give attention to this case. The parties may request that a case management conference be set by filing a joint motion for a case management conference, which must identify all issues to be discussed and detail the status of all case management events. If the purpose of the requested conference is to discuss extending case management deadlines, the motion must comply with the requirements for modifications of the case management order as instructed below. The parties must also state whether they request an in-person or telephonic case management conference. K. DISPOSITIVE MOTIONS: Any motions under Fed. R. Civ. P. 12 must be filed and briefed in accordance with that rule and with Local Rule 7.01. Motions for summary judgment and all other non-Rule 12 dispositive motions must be filed by no later than _________. Responses to dispositive motions must be filed within 28 days after the filing of the motion. Briefs or memoranda of law in support of or in opposition to a dispositive motion shall not exceed 25 pages. Optional replies may be filed within 14 days after the filing of the response and shall not exceed 5 pages. No motion for partial summary judgment shall be filed except by permission of the Court. Any party wishing to file such a motion must first file a separate motion that gives the justification for filing a partial summary judgment motion in terms of overall economy of time and expense for the parties, counsel, and the Court. Before filing or responding to a summary judgment motion, attorneys are required to read and follow Local Rule 56.01 generally and specifically Judge Richardson's guidance in McLemore v. Gumucio, 619 F. Supp. 3d 816 (M.D. Tenn. 2021) (rev’d on other grounds), regarding what should (or should not) be included in the movant's "statement of undisputed material facts.” 5 Counsel must carefully draft the statement of undisputed material facts and response to ensure that each is a concise, focused, and non-argumentative statement of facts (not opinions, argument, or legal conclusions) that are material to the outcome of the case and are undisputed as supported by the record. L. ELECTRONIC DISCOVERY. The parties anticipate reaching an agreement on how to conduct electronic discovery. Any agreement between the parties must be reduced to writing, and must either be (i) filed as a stipulation of agreed-upon electronic discovery procedures or (ii) if the parties request court approval, submitted as proposed agreed order with an accompanying motion for approval. In the absence of compliance with this provision, the default standards of Administrative Order No. 174-1 will apply. [May also include any agreed-upon ESI protocol or procedures or agree that Administrative Order No. 174-1 will apply.] [For Judge Campbell’s cases only] The parties anticipate reaching an agreement on how to conduct electronic discovery. Any agreement between the parties must be reduced to writing, and must, within 14 days of the date of entry of this initial case management order, either be (i) filed as a stipulation of agreed-upon electronic discovery procedures or (ii) if the parties request court approval, submitted as proposed agreed order with an accompanying motion for approval. In the absence of compliance with this provision, the default standards of Administrative Order No. 174-1 will apply. [May also include any agreed-upon ESI protocol or procedures or agree that Administrative Order No. 174-1 will apply.] M. MODIFICATION OF CASE MANAGEMENT ORDER. Any motion to modify the case management order or any case management deadline must be filed at least seven (7) days in advance of the earliest impacted deadline. Unless a joint motion, the motion for modification must include a statement confirming that counsel for the moving party has discussed the requested 6 modification or extension with opposing counsel and whether there is any objection to the requested modification or extension. The motion for modification must also include: (i) the trial date and all deadlines, even unaffected deadlines, so that it will not be necessary for the Court to review one or more previous case management orders in consideration of the motion and (ii) a statement of counsel that the requested extension will not cause any dispositive motion deadline, including response and reply briefs, to be later than 120 days in advance of the trial date. Motions for extensions must also detail the moving party’s efforts at diligently complying with the originally scheduled deadline and the specific facts demonstrating good cause for modification of the deadline as required by Fed. R. Civ. P. 16(b)(4). Failure to do so may result in denial of the requested extension. N. [For Judge Campbell’s cases only] REQUESTS TO SEAL DOCUMENTS OR PORTIONS OF DOCUMENTS. Any party requesting that documents or portions of documents be sealed, including without limitation for use as exhibits at trial, must file a motion to seal in accordance with Administrative Order No. 167-1 (Administrative Practices and Procedures for Electronic Case Filing) and Local Rules 5.03 and 7.01, which demonstrates compelling reasons to seal the documents and that the sealing is narrowly tailored to those reasons. The motion to seal, even if unopposed, must specifically analyze in detail, document by document, the propriety of secrecy, providing factual support and legal citations. Generally, only trade secrets, information covered by a recognized privilege (such as the attorney-client privilege), and information required by statute to be maintained in confidence is typically enough to overcome the presumption of public access. Failure to comply with these procedures or to provide sufficiently compelling reasons may result in denial of the request to seal documents or portions of documents. Protective orders should not provide that documents produced in discovery and designated as “confidential” 7 will be automatically sealed upon filing or if used at trial. Any such language in proposed protective orders will be stricken and may result in denial of the motion for entry of the proposed protective order. N/O. ESTIMATED TRIAL TIME AND TARGET TRIAL DATE: The [JURY or BENCH] trial of this action is expected to last approximately ______ days. A trial date no earlier than ____________is respectfully requested.1 An order setting dates for trial and a pretrial conference, and detailing the parties’ pretrial obligations, will be entered separately by Judge BARBARA D. HOLMES United States Magistrate Judge _____________________. It is so ORDERED. APPROVED FOR ENTRY: Attorney for Plaintiff Attorney for Defendant 1 The parties were also reminded during the case management conference of their option to consent to final disposition by the Magistrate Judge pursuant to Fed. R. Civ. P. 73 and Local Rule 73.01. As discussed, if the parties wish to utilize this option, they may jointly complete and electronically file the form Notice, Consent and Reference of a Civil Action to a Magistrate Judge found on the Court’s website under the link for Forms. Not consenting will not result in any adverse consequences, and the Notice should be filed only if all parties consent to final disposition by the Magistrate Judge. 8

=== Judge Holmes' Form Initial Case Management Order for ERISA Employee Benefit Cases ===

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE AT ________________ Plaintiff Defendant Case No. Magistrate Judge Holmes ) Judge _________________ PROPOSED INITIAL CASE MANAGEMENT ORDER As a preliminary matter, the Court reminds the parties and their attorneys that all attorneys of record and attorneys who otherwise participate on behalf of a party in this case must familiarize themselves with and follow the case management procedures and instructions detailed in the Court’s Notice and Order. (Docket No. ___.) A. JURISDICTION: The court has jurisdiction pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq. and 28 U.S.C. § 1331. B. BRIEF THEORIES OF THE PARTIES: For Plaintiff: For Defendant: C. ISSUES RESOLVED: Jurisdiction and venue [if resolved]. D. ISSUES STILL IN DISPUTE: Liability and damages. [List any other disputed issues.] E. INITIAL DISCLOSURES: The parties shall exchange initial disclosures pursuant 1 to Fed. R. Civ. P. 26(a)(1), which must include copies (not merely descriptions) of responsive documents and other materials (e.g. photos, videos, etc.), by no later than ______________. F. CASE RESOLUTION PLAN AND JOINT STATUS REPORTS: The parties are encouraged to make settlement efforts throughout the pendency of this case and must make a minimum of two independent, substantive attempts at resolution. By no later than _____________, the parties must file a joint case resolution status report confirming their first substantive attempt at settlement. The parties must have conducted enough discovery or otherwise exchanged enough information prior to this date to substantively evaluate and discuss settlement. By no later than _______________, the parties must file another joint status report, which either confirms their second substantive attempt at case resolution or updates the Court on the status of their intended second attempt. The parties’ joint reports must state the specific steps taken toward case resolution, including that an offer or demand was made and responded to and that counsel discussed the parties’ positions and specific next steps to promote case resolution. In other words, the parties must “show their work” in creating a plan to facilitate successful settlement negotiations. The parties may mediate by agreement without the need of further order unless referral for pro bono mediation is requested (which must be made by motion). Any motion for pro bono mediation must include a statement as to why private mediation is not feasible. Any motion for a judicial settlement conference must state (i) the reasons why mediation is not feasible and why a judicial settlement conference is the preferable means of attempting to resolve the case; (ii) the parties’ proposed timing for scheduling of the settlement conference; and (iii) any preference of a particular Magistrate Judge to conduct the settlement conference. The parties’ compliance with this case resolution plan is not optional. The fact that discovery is ongoing or that a dispositive motion is pending does not relieve the parties of their 2 compulsory obligations under this case resolution plan. G. EXCHANGE AND FILING OF ADMINISTRATIVE RECORD. Defendant must provide Plaintiff with a copy of the administrative record by no later than __________. Plaintiff shall notify Defendant of any objections to the administrative record in writing by no later than __________. Counsel for the parties must meet in person to attempt resolve Plaintiff’s objections. If not resolved by agreement, Plaintiff must file any objections by no later than ____________, which must be filed as a combined objections and motion to modify or supplement the administrative record. The objections/motion must be filed and briefed in accordance with Local Rule 7.01. By the same deadline on which Plaintiff’s objections/motion is due, Defendant must file the administrative record, which due to the nature of the information, may be filed under seal pursuant to Local Rule 5.03 without the necessity of a separate motion to seal by referencing this provision permitting the filing under seal. Any other contest over sufficiency or accuracy of the administrative record must be raised by motion, which must be filed by no later than the deadline above for filing of the administrative record and must comply with Local Rule 7.01, except that the mandatory attorney conference prior to filing the motion must be held in person. Any motion to supplement the administrative record must describe with particularity the specific information or evidence the moving party requests be made part of the administrative record. H. DISCOVERY: Any discovery will be limited by the fact that this is an action seeking the recovery of ERISA benefits under 29 U.S.C. § 1132(a), and as such, the Court’s review is generally to review of the information available to the claim decision-maker at the time the final benefit determination was made. Should either party seek to take any limited discovery as may be 3 allowed in an ERISA action, that party must serve or notice such discovery by no later than _____________. A party’s service or notice of discovery shall not be considered an acceptance of discovery or a concession or waiver by the other party that discovery is allowable in an ERISA benefits case, either generally or as to specific discovery requests. If a party serves discovery request, the responding party shall, within the timelines described in the Federal Rules of Civil Procedure, either (i) respond/object to the discovery or (ii) notify the serving party in writing that all or a portion of the proposed discovery is outside the bounds of discovery permitted in a claim seeking recovery of an ERISA benefit. If the parties are unable to reach an agreement about the allowance of discovery in this case, the party seeking discovery may bring that matter to the Court’s attention by a motion to allow discovery, which must be filed by no later than ________________ and must otherwise comply with Local Rule 7.01, except that the attorney conference required before filing motion must be held in person. Otherwise, disputes as to specific discovery requests are subject to the discovery dispute resolution procedures provided for below. In any event, limited discovery, if conducted, must be completed by no later than ____________. Any discovery disputes must also be brought to the Court’s attention by this same date, unless otherwise permitted by the Court. The Court expects all parties and their counsel to cooperate in discovery and to act courteously and professionally in the resolution of any discovery disputes. The Court may impose appropriate sanctions, including any of those authorized by Fed. R. Civ. P. 16(f) or 37(b)(2)(A), upon a finding of a failure to comply with this or any discovery order or upon a finding of other discovery misconduct. Other than the question of allowance of discovery for which procedures are provided for 4 above, no discovery disputes may be brought to the Court for resolution before lead counsel for all parties have conducted an in-person meeting and made a good faith effort to resolve any dispute(s). Discovery disputes that cannot be resolved after the in-person meeting must be brought promptly to the attention of the Magistrate Judge by the filing of a joint discovery dispute statement and a joint motion for a discovery conference. It will be within the Magistrate Judge’s discretion to allow filing of discovery-related motions, after counsel have scheduled and participated in a discovery conference. In connection with any discovery conference, the parties must file a joint discovery dispute statement, of no more than 3 pages per affected party per issue, which identifies and describes the specific discovery request(s) in dispute and details each party’s position with supporting facts and legal authorities, including as to any proportionality considerations. The joint discovery dispute statement must certify that lead counsel for all parties conducted the required in-person meeting and made a good faith effort to resolve each discovery dispute presented in the statement. No discovery conference will be held until a compliant joint statement is filed. If the joint statement is sufficiently detailed, any party may adopt by reference the joint statement for purposes of Local Rule 7.01, but must clearly state in the filing made in accordance with the timing requirements of Local Rule 7.01 that the joint statement is adopted as the party’s memorandum of law or response. I. AMENDMENTS OR ADDITION OF PARTIES: Any motions to amend or to add parties must be filed by no later than ___________ and must comply with Local Rules 7.01 and 15.01. Failure to comply with local rules may result in summary denial of the motion. Amendments or addition of parties by written consent under Fed. R. Civ. P. 15(a)(2) must clearly and conspicuously state that the amended pleading is filed by written consent. Failure to clearly and conspicuously provide notice of the consent filing may result in the amended pleading being 5 stricken. I. DISCLOSURE AND DEPOSITIONS OF EXPERTS: No additional experts will be utilized in this case. J. ANOTHER CASE MANAGEMENT CONFERENCE. The Court does not set second case management conferences or require the parties to file status reports as a matter of course in civil actions. The parties and their counsel are reminded of their responsibility to prepare this case according to the case management schedule. Failure to do so may result in any of the remedies authorized by Fed. R. Civ. P. 16(f). The Court will not provide reminders of case management deadlines and will not otherwise prompt the parties to give attention to this case. The parties may request that a case management conference be set by filing a joint motion for a case management conference, which must identify all issues to be discussed and detail the status of all case management events. If the purpose of the requested conference is to discuss extending case management deadlines, the motion must comply with the requirements for modifications of the case management order as instructed below. The parties must also state whether they request an in-person or telephonic case management conference. K. MOTIONS FOR JUDGMENT ON RECORD: Any motions under Fed. R. Civ. P. 12 must be filed and briefed in accordance with that rule and with Local Rule 7.01. Motions for judgment on the record must be filed by no later than _________. Responses to motions for judgment on the record must be filed within 28 days after the filing of the motion. Briefs or memoranda of law in support of or in opposition to a motion for judgment on the record shall not exceed 25 pages. Optional replies may be filed within 14 days after the filing of the response and shall not exceed 5 pages. No motion for partial judgment shall be filed except by permission of the Court. Any party wishing to file such a motion must first file a separate motion 6 that gives the justification for filing a partial judgment motion in terms of overall economy of time and expense for the parties, counsel, and the Court. To the extent the party files the motion as one for summary judgment, compliance with Local Rule 56.01 is required. L. ELECTRONIC DISCOVERY. The parties anticipate reaching an agreement on how to conduct electronic discovery. Any agreement between the parties must be reduced to writing, and either (i) filed as a stipulation of agreed-upon electronic discovery procedures or (ii) if the parties request court approval, submitted as proposed agreed order with an accompanying motion for approval. In the absence of compliance with this provision, the default standards of Administrative Order No. 174-1 will apply. [May also include any agreed-upon ESI protocol or procedures or may agree that the default provisions of Administrative Order No. 174-1 will apply.] [For Judge Campbell’s cases only] Any agreement between the parties for ESI discovery must be reduced to writing, and must, within 14 days of the date of entry of this initial case management order, either be (i) filed as a stipulation of agreed-upon electronic discovery procedures or (ii) if the parties request court approval, submitted as proposed agreed order with an accompanying motion for approval. In the absence of compliance with this provision, the default standards of Administrative Order No. 174-1 will apply. [May also include any agreed-upon ESI protocol or procedures or may agree that the default provisions of Administrative Order No. 174- 1 will apply.] M. MODIFICATION OF CASE MANAGEMENT ORDER. Any motion to modify the case management order or any case management deadline must be filed at least seven (7) days in advance of the earliest impacted deadline. Unless a joint motion, the motion for modification must include a statement confirming that counsel for the moving party has discussed the requested modification or extension with opposing counsel and whether there is any objection 7 to the requested modification or extension. The motion for modification must also include all deadlines, even unaffected deadlines, so that it will not be necessary for the Court to review one or more previous case management orders in consideration of the motion. Motions for extensions must also detail the moving party’s efforts at diligently complying with the originally scheduled deadline and the specific facts demonstrating good cause for modification of the deadline as required by Fed. R. Civ. P. 16(b)(4). Failure to do so may result in denial of the requested extension. N. [For Judge Campbell’s cases only] REQUESTS TO SEAL DOCUMENTS OR PORTIONS OF DOCUMENTS. Any party requesting that documents or portions of documents be sealed, including without limitation for use as exhibits at trial, must file a motion to seal in accordance with Administrative Order No. 167-1 (Administrative Practices and Procedures for Electronic Case Filing) and Local Rules 5.03 and 7.01, which demonstrates compelling reasons to seal the documents and that the sealing is narrowly tailored to those reasons. The motion to seal, even if unopposed, must specifically analyze in detail, document by document, the propriety of secrecy, providing factual support and legal citations. Generally, only trade secrets, information covered by a recognized privilege (such as the attorney-client privilege), and information required by statute to be maintained in confidence is typically enough to overcome the presumption of public access. Failure to comply with these procedures or to provide sufficiently compelling reasons may result in denial of the request to seal documents or portions of documents. Protective orders should not provide that documents produced in discovery and designated as “confidential” will be automatically sealed upon filing or if used at trial. Any such language in proposed protective orders will be stricken and may result in denial of the motion for entry of the proposed protective order. N/O. ESTIMATED TRIAL TIME AND TARGET TRIAL DATE: Because this is an ERISA case that will be decided by motion or cross motions for judgment on the record, no trial 8 date is needed.1 To the extent that any party requests an evidentiary hearing on disputed factual issues, they may make such a request in an appropriate motion in accordance with Local Rule BARBARA D. HOLMES United States Magistrate Judge 7.01. It is SO ORDERED. APPROVED FOR ENTRY: Attorney for Plaintiff Attorney for Defendant 1 The parties are also reminded of their option to consent to final disposition by the Magistrate Judge pursuant to Fed. R. Civ. P. 73 and Local Rule 73.01. As discussed, if the parties wish to utilize this option, they may jointly complete and electronically file the form Notice, Consent and Reference of a Civil Action to a Magistrate Judge found on the Court’s website under the link for Forms. Not consenting will not result in any adverse consequences, and the Notice should be filed only if all parties consent to final disposition by the Magistrate Judge. 9

=== Judge Holmes' Form Initial Case Management Order for FLSA Cases ===

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE AT ____________________ Case No. Magistrate Judge Holmes ) Judge _________________ Plaintiff Defendant PROPOSED INITIAL CASE MANAGEMENT ORDER As a preliminary matter, the Court reminds the parties and their attorneys that all attorneys of record and attorneys who otherwise participate on behalf of a party in this case must familiarize themselves with and follow the case management procedures and instructions detailed in the Court’s Notice and Order. (Docket No. ___.) A. JURISDICTION: The court has jurisdiction pursuant to 28 U.S.C. § 1331 and 29 U.S.C. § 201 et seq. B. BRIEF THEORIES OF THE PARTIES: For Plaintiff: For Defendant: C. ISSUES RESOLVED: Jurisdiction and venue [if resolved]. 1 D. ISSUES STILL IN DISPUTE: Damages and liability. [List any other disputed issues.] E. INITIAL DISCLOSURES: The parties shall exchange initial disclosures pursuant to Fed.R.Civ.P. 26(a)(1), which must include copies (not simply descriptions) of responsive documents and other materials (e.g. photos, videos, etc.), on or before _____________. F. CASE RESOLUTION PLAN AND JOINT STATUS REPORTS: The parties are encouraged to make settlement efforts throughout the pendency of this case and must make a minimum of two independent, substantive attempts at resolution. By no later than _____________, the parties must file a joint case resolution status report confirming their first substantive attempt at settlement. The parties must have conducted enough discovery or otherwise exchanged enough information prior to this date to substantively evaluate and discuss settlement. By no later than _______________, the parties must file another joint status report, which either confirms their second substantive attempt at case resolution or updates the Court on the status of their intended second attempt. The parties’ joint reports must state the specific steps taken toward case resolution, including that an offer or demand was made and responded to and that counsel discussed the parties’ positions and specific next steps to promote case resolution. In other words, the parties must “show their work” in creating a plan to facilitate successful settlement negotiations. The parties may mediate by agreement without the need of further order unless referral for pro bono mediation is requested (which must be made by motion). Any motion for pro bono mediation must include a statement as to why private mediation is not feasible. Any motion for a judicial settlement conference must state (i) the reasons why mediation is not feasible and why a judicial settlement conference is the preferable means of attempting to resolve the case; (ii) the parties’ proposed timing for scheduling of the settlement conference; and (iii) any preference of a particular Magistrate Judge to conduct the settlement conference. The parties’ compliance with this case resolution plan is not optional. The fact that discovery is ongoing or that a dispositive motion is pending does not relieve the parties of their compulsory obligations under this case resolution plan. G. DISCOVERY: The parties must, by no later than ____________, (i) complete all written discovery and depose all fact witnesses and (ii) bring all discovery disputes to the Court’s attention unless otherwise permitted by the Court. Written discovery and scheduling of depositions must proceed promptly. Discovery is not stayed during dispositive or other motions, unless ordered by the Court. The Court expects all parties and their counsel to cooperate in discovery and to act courteously and professionally in the resolution of any discovery disputes. The Court may impose appropriate sanctions, including any of those authorized by Fed. R. Civ. P. 16(f) or 37(b)(2)(A), upon a finding of a failure to comply with this or any discovery order or upon a finding of other discovery misconduct. No discovery disputes may be brought to the Court for resolution before lead counsel for all parties have conducted an in-person meeting and made a good faith effort to resolve any dispute(s). Discovery disputes that cannot be resolved after the in-person meeting must be brought promptly to the attention of the Magistrate Judge by the filing of a joint discovery dispute statement and a joint motion for a discovery conference. It will be within the Magistrate Judge’s discretion to allow filing of discovery-related motions, after counsel have scheduled and participated in a discovery conference. In connection with any discovery conference, the parties must file a joint discovery dispute statement, of no more than 3 pages per affected party per issue, which identifies and describes the specific discovery request(s) in dispute and details each party’s position with supporting facts and legal authorities, including as to any proportionality considerations. The joint 3 discovery dispute statement must certify that lead counsel for all parties conducted the required in-person meeting and made a good faith effort to resolve each discovery dispute presented in the statement. No discovery conference will be held until a compliant joint statement is filed. If the joint statement is sufficiently detailed, any party may adopt by reference the joint statement for purposes of Local Rule 7.01, but must clearly state in the filing made in accordance with the timing requirements of Local Rule 7.01 that the joint statement is adopted as the party’s memorandum of law or response. H. AMENDMENTS OR ADDITION OF PARTIES: Any motions to amend or to add parties must be filed by no later than ___________ and must comply with Local Rules 7.01 and 15.01. Failure to comply with local rules may result in summary denial of the motion. Amendments or addition of parties by written consent under Fed. R. Civ. P. 15(a)(2) must clearly and conspicuously state that the amended pleading is filed by written consent. Failure to clearly and conspicuously provide notice of the consent filing may result in the amended pleading being stricken. I. [only if applicable] DISCLOSURE AND DEPOSITIONS OF EXPERTS: The plaintiff must identify and disclose all expert witnesses and expert reports on or before __________. The defendant must identify and disclose all expert witnesses and reports on or before ________. Rebuttal experts and reports shall be permitted only by leave of court. Unless otherwise provided for in a separate pretrial order, supplemental expert disclosures, which specifically include, but are not limited to, any supplemental information to expert reports, must be made in accordance with Rule 26(a) and (e). Supplemental expert opinions or other expert disclosures not timely disclosed may be excluded at trial. See Local Rule 39.01(c)(5)(C). Expert depositions must be completed by ____________________. 4 J. ANOTHER CASE MANAGEMENT CONFERENCE. The Court does not set second case management conferences or require the parties to file status reports as a matter of course in civil actions. The parties and their counsel are reminded of their responsibility to prepare this case according to the case management schedule. Failure to do so may result in any of the remedies authorized by Fed. R. Civ. P. 16(f). The Court will not provide reminders of case management deadlines and will not otherwise prompt the parties to give attention to this case. The parties may request that a case management conference be set by filing a joint motion for a case management conference, which must identify all issues to be discussed and detail the status of all case management events. If the purpose of the requested conference is to discuss extending case management deadlines, the motion must comply with the requirements for modifications of the case management order as instructed below. The parties must also state whether they request an in-person or telephonic case management conference. K. DISPOSITIVE MOTIONS: Any motions under Fed. R. Civ. P. 12 must be filed and briefed in accordance with that rule and with Local Rule 7.01. Motions for summary judgment and all other non-Rule 12 dispositive motions not otherwise provided for in this Initial Case Management Order must be filed by no later than _________. Responses to dispositive motions must be filed within 28 days after the filing of the motion. Briefs or memoranda of law in support of or in opposition to a dispositive motion shall not exceed 25 pages. Optional replies may be filed within 14 days after the filing of the response and shall not exceed 5 pages. No motion for partial summary judgment shall be filed except by permission of the Court. Any party wishing to file such a motion must first file a separate motion that gives the justification for filing a partial summary judgment motion in terms of overall economy of time and expense for the 5 parties, counsel, and the Court. Before filing or responding to a summary judgment motion, attorneys are required to read and follow Local Rule 56.01 generally and specifically Judge Richardson's guidance in McLemore v. Gumucio, 619 F. Supp. 3d 816 (M.D. Tenn. 2021) (rev’d on other grounds), regarding what should (or should not) be included in the movant's "statement of undisputed material facts.” Counsel must carefully draft the statement of undisputed material facts and response to ensure that each is a concise, focused, and non-argumentative statement of facts (not opinions, argument, or legal conclusions) that are material to the outcome of the case and are undisputed as supported by the record. L. MOTION FOR COURT-APPROVED NOTICE PROCEDURES. The following procedures shall govern the motion for the preliminary notice procedures. See e.g. Clark v A&L Homecare and Training Center, LLC, 68 F.4th 1003 (6th Cir. 2023).1 Prior to the filing of a motion for court-approved preliminary notice procedures, lead counsel for the parties must meet in person2 to discuss the proposed court-approved notice and whether there is some notice that can be approved by agreement of the parties. The motion for court-approved notice procedures must be filed by no later than ________________. Response to the motion for court-approved notice procedures, if opposed, must be filed within 21 days of the filing of the motion. Briefs or memoranda of law in support of or in opposition to the motion shall not exceed 25 pages. An 1 The preliminary notice procedures contemplated by Clark are alternately referred to as court-authorized notice procedures, court-facilitated notice procedures, or court-approved notice procedures. The descriptive language all refers to the preliminary notice procedures described in Clark. 2 To be clear, this is an explicit requirement. It does not mean meeting by videoconference or by any means other than in person. 6 optional reply may be filed within 7 days of the filing of the response and shall not exceed 5 pages. L. MOTION FOR FINAL DETERMINATION OF SIMILARLY SITUATED EMPLOYEES. Prior to the filing of a motion for final determination of similarly situated employees, lead counsel for the parties must again meet in person to discuss the proposed final determination and whether there is some agreed-upon determination. The motion for final determination of similarly situated employees must be filed by no later than ________________. Response to the motion for final determination must be filed within 21 days of the filing of the motion. Briefs or memoranda of law in support of or in opposition to the motion shall not exceed 25 pages. An optional reply may be filed within 7 days of the filing of the response and shall not exceed 5 pages. M. ELECTRONIC DISCOVERY. The parties anticipate reaching an agreement on how to conduct electronic discovery. Any agreement between the parties must be reduced to writing, and must either be (i) filed as a stipulation of agreed-upon electronic discovery procedures or (ii) if the parties request court approval, submitted as proposed agreed order with an accompanying motion for approval. In the absence of compliance with this provision, the default standards of Administrative Order No. 174-1 will apply. [May also include any agreed-upon ESI protocol or procedures or may agree that Administrative Order No. 174-1 will apply.] [For Judge Campbell’s cases only] Any agreement between the parties for ESI discovery must be reduced to writing, and must, within 14 days of the date of entry of this initial case management order, either be (i) filed as a stipulation of agreed-upon electronic discovery procedures or (ii) if the parties request court approval, submitted as proposed agreed order with an accompanying motion for approval. In the absence of compliance with this provision, the default standards of Administrative Order No. 174-1 will apply. [May also include any agreed-upon ESI 7 protocol or procedures or may agree that Administrative Order No. 174-1 will apply.] N. MODIFICATION OF CASE MANAGEMENT ORDER. Any motion to modify the case management order or any case management deadline must be filed at least seven (7) days in advance of the earliest impacted deadline. Unless a joint motion, the motion for modification must include a statement confirming that counsel for the moving party has discussed the requested modification or extension with opposing counsel and whether there is any objection to the requested modification or extension. The motion for modification must also include: (i) the trial date and all deadlines, even unaffected deadlines, so that it will not be necessary for the Court to review one or more previous case management orders in consideration of the motion and (ii) a statement of counsel that the requested extension will not cause any dispositive motion deadline, including response and reply briefs, to be later than 120 days in advance of the trial date. Motions for extensions must also detail the moving party’s efforts at diligently complying with the originally scheduled deadline and the specific facts demonstrating good cause for modification of the deadline as required by Fed. R. Civ. P. 16(b)(4). Failure to do so may result in denial of the requested extension. O. [For Judge Campbell’s cases only] REQUESTS TO SEAL DOCUMENTS OR PORTIONS OF DOCUMENTS. Any party requesting that documents or portions of documents be sealed, including without limitation for use as exhibits at trial, must file a motion to seal in accordance with Administrative Order No. 167-1 (Administrative Practices and Procedures for Electronic Case Filing) and Local Rules 5.03 and 7.01, which demonstrates compelling reasons to seal the documents and that the sealing is narrowly tailored to those reasons. The motion to seal, even if unopposed, must specifically analyze in detail, document by document, the propriety of secrecy, providing factual support and legal citations. Generally, only trade secrets, information 8 covered by a recognized privilege (such as the attorney-client privilege), and information required by statute to be maintained in confidence is typically enough to overcome the presumption of public access. Failure to comply with these procedures or to provide sufficiently compelling reasons may result in denial of the request to seal documents or portions of documents. Protective orders should not provide that documents produced in discovery and designated as “confidential” will be automatically sealed upon filing or if used at trial. Any such language in proposed protective orders will be stricken and may result in denial of the motion for entry of the proposed protective order. O/P. ESTIMATED TRIAL TIME AND TARGET TRIAL DATE: The [JURY or BENCH] trial of this action is expected to last approximately ______ days.3 A trial date no earlier than ____________is respectfully requested. An order setting dates for trial and a pretrial conference, and detailing the parties’ pretrial obligations, will be entered separately by Judge _____________________. It is SO ORDERED. BARBARA D. HOLMES United States Magistrate Judge 3 The parties are also reminded of their option to consent to final disposition by the Magistrate Judge pursuant to Fed. R. Civ. P. 73 and Local Rule 73.01. As discussed, if the parties wish to utilize this option, they may jointly complete and electronically file the form Notice, Consent and Reference of a Civil Action to a Magistrate Judge found on the Court’s website under the link for Forms. Not consenting will not result in any adverse consequences, and the Notice should be filed only if all parties consent to final disposition by the Magistrate Judge. 9 APPROVED FOR ENTRY: Attorney for Plaintiff Attorney for Defendant 10

=== Judge Holmes' Form Initial Case Management Order for IDEA Cases ===

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE Plaintiff Defendant Case No. Magistrate Judge Holmes ) Judge _________________ PROPOSED INITIAL CASE MANAGEMENT ORDER As a preliminary matter, the Court reminds the parties and their attorneys that all attorneys of record and attorneys who otherwise participate on behalf of a party in this case must familiarize themselves with and follow the case management procedures and instructions detailed in the Court’s Notice and Order. (Docket No. ___ .) A. JURISDICTION: The court has jurisdiction pursuant to the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1415(e)(2), and 28 U.S.C. § 1331. B. BRIEF THEORIES OF THE PARTIES: For Plaintiff: For Defendant: C. ISSUES RESOLVED: Jurisdiction and venue [if resolved]. D. ISSUES STILL IN DISPUTE: Whether the administrative record supports the decision of the Administrative Law Judge issued on ____________. E. INITIAL DISCLOSURES: Pursuant to Fed.R.Civ.P. 26(a)(1)(B)(i), the parties are exempt from initial disclosure requirements because this matter is a review of an administrative 1 hearing decision. F. CASE RESOLUTION PLAN AND JOINT STATUS REPORTS: The parties are encouraged to make settlement efforts throughout the pendency of this case and must make a minimum of two independent, substantive attempts at resolution. By no later than _____________, the parties must file a joint case resolution status report confirming their first substantive attempt at settlement. The parties must have conducted enough discovery or otherwise exchanged enough information prior to this date to substantively evaluate and discuss settlement. By no later than _______________, the parties must file another joint status report, which either confirms their second substantive attempt at case resolution or updates the Court on the status of their intended second attempt. The parties’ joint reports must state the specific steps taken toward case resolution, including that an offer or demand was made and responded to and that counsel discussed the parties’ positions and specific next steps to promote case resolution. In other words, the parties must “show their work” in creating a plan to facilitate successful settlement negotiations. The parties may mediate by agreement without the need of further order unless referral for pro bono mediation is requested (which must be made by motion). Any motion for pro bono mediation must include a statement as to why private mediation is not feasible. Any motion for a judicial settlement conference must state (i) the reasons why mediation is not feasible and why a judicial settlement conference is the preferable means of attempting to resolve the case; (ii) the parties’ proposed timing for scheduling of the settlement conference; and (iii) any preference of a particular Magistrate Judge to conduct the settlement conference. The parties’ compliance with this case resolution plan is not optional. The fact that discovery is ongoing or that a dispositive motion is pending does not relieve the parties of their compulsory obligations under this case resolution plan. 2 G. FILING OF ADMINISTRATIVE RECORD. Defendant must, by no later than ____________, file the administrative record, which due to the nature of the information, may be filed under seal pursuant to Local Rule 5.03 without the necessity of a separate motion to seal by referencing this provision permitting the filing under seal. Any contest over sufficiency of the administrative record must be raised by motion, which must be filed by no later than ______________ and must comply with Local Rule 7.01, except that the mandatory conference prior to filing the motion must be held in-person. H. DISCOVERY: Any motion to present additional evidence pursuant to 20 U.S.C. § 1415(i)(2)(C)(ii) must be filed by no later than ___________ and must comply with Local Rule 7.01. In the pre-filing conference required by Local Rule 7.01(a)(1), the parties must disclose to each other their proposed evidence to be supplemented so that the parties can determine whether there are objections and whether additional discovery is needed. In their motion to present additional evidence, the party must describe with particularity the specific evidence that party requests be permitted as supplemental evidence. The parties must, by no later than ____________, (i) complete all written discovery and depose all fact witnesses and (ii) bring all discovery disputes to the Court’s attention unless otherwise permitted by the Court. Discovery is not stayed during dispositive or ot her motions, unless ordered by the Court. The Court expects all parties and their counsel to cooperate in discovery and to act courteously and professionally in the resolution of any discovery disputes. The Court may impose appropriate sanctions, including any of those authorized by Fed. R. Civ. P. 16(f) or 37(b)(2)(A), upon a finding of a failure to comply with this or any discovery order or upon a finding of other discovery misconduct. Other than the question of additional evidence for which procedures are provided for 3 above, no discovery disputes may be brought to the Court for resolution before lead counsel for all parties have conducted an in-person meeting and made a good faith effort to resolve any dispute(s). Discovery disputes that cannot be resolved after the in-person meeting must be brought promptly to the attention of the Magistrate Judge by the filing of a joint discovery dispute statement and a joint motion for a discovery conference. It will be within the Magistrate Judge’s discretion to allow filing of discovery-related motions, after counsel have scheduled and participated in a discovery conference. In connection with any discovery conference, the parties must file a joint discovery dispute statement, of no more than 3 pages per affected party per issue, which identifies and describes the specific discovery request(s) in dispute and details each party’s position with supporting facts and legal authorities, including as to any proportionality considerations. The joint discovery dispute statement must certify that lead counsel for all parties conducted the required in-person meeting and made a good faith effort to resolve each discovery dispute presented in the statement. No discovery conference will be held until a compliant joint statement is filed. If the joint statement is sufficiently detailed, any party may adopt by reference the joint statement for purposes of Local Rule 7.01, but must clearly state in the filing made in accordance with the timing requirements of Local Rule 7.01 that the joint statement is adopted as the party’s memorandum of law or response. I. AMENDMENTS OR ADDITION OF PARTIES: Any motions to amend or to add parties must be filed by no later than ___________ and must comply with Local Rules 7.01 and 15.01. Failure to comply with local rules may result in summary denial of the motion. Amendments or addition of parties by written consent under Fed. R. Civ. P. 15(a)(2) must clearly and conspicuously state that the amended pleading is filed by written consent. Failure to clearly and conspicuously provide notice of the consent filing may result in the amended pleading being 4 stricken. I. DISCLOSURE AND DEPOSITIONS OF EXPERTS: No additional experts will be utilized in this case. J. ANOTHER CASE MANAGEMENT CONFERENCE. The Court does not set second case management conferences or require the parties to file status reports as a matter of course in civil actions. The parties and their counsel are reminded of their responsibility to prepare this case according to the case management schedule. Failure to do so may result in any of the remedies authorized by Fed. R. Civ. P. 16(f). The Court will not provide reminders of case management deadlines and will not otherwise prompt the parties to give attention to this case. The parties may request that a case management conference be set by filing a joint motion for a case management conference, which must identify all issues to be discussed and detail the status of all case management events. If the purpose of the requested conference is to discuss extending case management deadlines, the motion must comply with the requirements for modifications of the case management order as instructed below. The parties must also state whether they request an in-person or telephonic case management conference. K. MOTIONS FOR JUDGMENT ON ADMINISTRATIVE RECORD: Any motions under Fed. R. Civ. P. 12 must be filed and briefed in accordance with that rule and with Local Rule 7.01. Motions for judgment on the administrative record must be filed by no later than _________. Responses to motions for judgment on the administrative record must be filed within 28 days after the filing of the motion. Briefs or memoranda of law in support of or in opposition to a motion for judgment shall not exceed 25 pages. Optional replies may be filed within 14 days after the filing of the response and shall not exceed 5 pages. No motion for partial judgment shall be filed except by permission of the Court. Any party wishing to file such a motion 5 must first file a separate motion that gives the justification for filing a partial judgment motion in terms of overall economy of time and expense for the parties, counsel, and the Court. L. ELECTRONIC DISCOVERY. The parties anticipate reaching an agreement on how to conduct electronic discovery. Any agreement between the parties must be reduced to writing and either (i) filed as a stipulation of agreed-upon electronic discovery procedures or (ii) if the parties request court approval, submitted as proposed agreed order with an accompanying motion for approval. In the absence of compliance with this provision, the default standards of Administrative Order No. 174-1 will apply. [May also include any agreed-upon ESI protocol or procedures or may agree that Administrative Order No. 174-1 will apply.] [For Judge Campbell’s cases only] Any agreement between the parties for ESI discovery must be reduced to writing, and must, within 14 days of the date of entry of this initial case management order, either be (i) filed as a stipulation of agreed-upon electronic discovery procedures or (ii) if the parties request court approval, submitted as proposed agreed order with an accompanying motion for approval. In the absence of compliance with this provision, the default standards of Administrative Order No. 174-1 will apply. [May also include any agreed-upon ESI protocol or procedures or may agree that Administrative Order No. 174-1 will apply.] M. MODIFICATION OF CASE MANAGEMENT ORDER. Any motion to modify the case management order or any case management deadline must be filed at least seven (7) days in advance of the earliest impacted deadline. Unless a joint motion, the motion for modification must include a statement confirming that counsel for the moving party has discussed the requested modification or extension with opposing counsel and whether there is any objection to the requested modification or extension. The motion for modification must also include all deadlines, even unaffected deadlines, so that it will not be necessary for the Court to review one 6 or more previous case management orders in consideration of the motion. Motions for extensions must also detail the moving party’s efforts at diligently complying with the originally scheduled deadline and the specific facts demonstrating good cause for modification of the deadline as required by Fed. R. Civ. P. 16(b)(4). Failure to do so may result in denial of the requested extension. N. [For Judge Campbell’s cases only] REQUESTS TO SEAL DOCUMENTS OR PORTIONS OF DOCUMENTS. Any party requesting that documents or portions of documents be sealed, including without limitation for use as exhibits at trial, must file a motion to seal in accordance with Administrative Order No. 167-1 (Administrative Practices and Procedures for Electronic Case Filing) and Local Rules 5.03 and 7.01, which demonstrates compelling reasons to seal the documents and that the sealing is narrowly tailored to those reasons. The motion to seal, even if unopposed, must specifically analyze in detail, document by document, the propriety of secrecy, providing factual support and legal citations. Generally, only trade secrets, information covered by a recognized privilege (such as the attorney-client privilege), and information required by statute to be maintained in confidence is typically enough to overcome the presumption of public access. Failure to comply with these procedures or to provide sufficiently compelling reasons may result in denial of the request to seal documents or portions of documents. Protective orders should not provide that documents produced in discovery and designated as “confidential” will be automatically sealed upon filing or if used at trial. Any such language in proposed protective orders will be stricken and may result in denial of the motion for entry of the proposed protective order. N/O. ESTIMATED TRIAL TIME AND TARGET TRIAL DATE: No trial is needed in this case. The case will be decided by motion or cross motions based on review of the underlying administrative record and any additional evidence submitted.1 1 The parties are also reminded of their option to consent to final disposition by the 7 BARBARA D. HOLMES United States Magistrate Judge It is so ORDERED. APPROVED FOR ENTRY: Attorney for Plaintiff Attorney for Defendant Magistrate Judge pursuant to Fed. R. Civ. P. 73 and Local Rule 73.01. As discussed, if the parties wish to utilize this option, they may jointly complete and electronically file the form Notice, Consent and Reference of a Civil Action to a Magistrate Judge found on the Court’s website under the link for Forms. Not consenting will not result in any adverse consequences, and the Notice should be filed only if all parties consent to final disposition by the Magistrate Judge. 8

=== Judge Holmes' Form Initial Case Management Order for Class Action Cases ===

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE Plaintiff Defendant Case No. Magistrate Judge Holmes ) Judge _________________ PROPOSED INITIAL CASE MANAGEMENT ORDER As a preliminary matter, the Court reminds the parties and their attorneys that all attorneys of record and attorneys who otherwise participate on behalf of a party in this case must familiarize themselves with and follow the case management procedures and instructions detailed in the Court’s Notice and Order. (Docket No. ___.) A. JURISDICTION: The court has jurisdiction pursuant to 28 U.S.C. § 1332(d). [Add any other asserted jurisdictional bases.] B. BRIEF THEORIES OF THE PARTIES: For Plaintiff: For Defendant: C. D. E. ISSUES RESOLVED: Jurisdiction and venue [if resolved]. ISSUES STILL IN DISPUTE: Damages and liability. INITIAL DISCLOSURES: The parties shall exchange initial disclosures pursuant to Fed.R.Civ.P. 26(a)(1), which must include copies (not simply descriptions) of responsive documents and other materials (e.g. photos, videos, etc.), on or before _____________. F. CASE RESOLUTION PLAN AND JOINT STATUS REPORTS: The parties are encouraged to make settlement efforts throughout the pendency of this case and must make a minimum of two independent, substantive attempts at resolution. By no later than _____________, the parties must file a joint case resolution status report confirming their first substantive attempt at settlement. The parties must have conducted enough discovery or otherwise exchanged enough information prior to this date to substantively evaluate and discuss settlement. By no later than _______________, the parties must file another joint status report, which either confirms their second substantive attempt at case resolution or updates the Court on the status of their intended second attempt. The parties’ joint reports must state the specific steps taken toward case resolution, including that an offer or demand was made and responded to and that counsel discussed the parties’ positions and specific next steps to promote case resolution. In other words, the parties must “show their work” in creating a plan to facilitate successful settlement negotiations. The parties may mediate by agreement without the need of further order unless referral for pro bono mediation is requested (which must be made by motion). Any motion for pro bono mediation must include a statement as to why private mediation is not feasible. Any motion for a judicial settlement conference must state (i) the reasons why mediation is not feasible and why a judicial settlement conference is the preferable means of attempting to resolve the case; (ii) the parties’ proposed timing for scheduling of the settlement conference; and (iii) any preference of a particular Magistrate Judge to conduct the settlement conference. The parties’ compliance with this case resolution plan is not optional. The fact that discovery is ongoing or that a dispositive motion is pending does not relieve the parties of their compulsory obligations under this case resolution plan. G. DISCOVERY: The parties must, by no later than ____________,(i) complete all 2 written discovery and depose all fact witnesses and (ii) bring all discovery disputes to the Court’s attention, unless otherwise permitted by the Court. Written discovery and scheduling of depositions must proceed promptly. Discovery is not stayed during dispositive or other motions, unless ordered by the Court. The Court expects all parties and their counsel to cooperate in discovery and to act courteously and professionally in the resolution of any discovery disputes. The Court may impose appropriate sanctions, including any of those authorized by Fed. R. Civ. P. 16(f) or 37(b)(2)(A), upon a finding of a failure to comply with this or any discovery order or upon a finding of other discovery misconduct. No discovery disputes may be brought to the Court for resolution before lead counsel for all parties have conducted an in-person meeting and made a good faith effort to resolve any dispute(s). Discovery disputes that cannot be resolved after the in-person meeting must be brought promptly to the attention of the Magistrate Judge by the filing of a joint discovery dispute statement and a joint motion for a discovery conference. It will be within the Magistrate Judge’s discretion to allow filing of discovery-related motions, after counsel have scheduled and participated in a discovery conference. In connection with any discovery conference, the parties must file a joint discovery dispute statement, of no more than 3 pages per affected party per issue, which identifies and describes the specific discovery request(s) in dispute and details each party’s position with supporting facts and legal authorities, including as to any proportionality considerations. The joint discovery dispute statement must certify that lead counsel for all parties conducted the required in-person meeting and made a good faith effort to resolve each discovery dispute presented in the statement. No discovery conference will be held until a compliant joint statement is filed. If the joint statement is sufficiently detailed, any party may adopt by reference the joint statement for purposes of Local Rule 7.01, but must clearly state in the filing made in accordance with the timing 3 requirements of Local Rule 7.01 that the joint statement is adopted as the party’s memorandum of law or response. H. AMENDMENTS OR ADDITION OF PARTIES: Any motions to amend or to add parties must be filed by no later than ___________ and must comply with Local Rules 7.01 and 15.01. Failure to comply with local rules may result in summary denial of the motion. Amendments or addition of parties by written consent under Fed. R. Civ. P. 15(a)(2) must clearly and conspicuously state that the amended pleading is filed by written consent. Failure to clearly and conspicuously provide notice of the consent filing may result in the amended pleading being stricken. I. [only if applicable] DISCLOSURE AND DEPOSITIONS OF EXPERTS: The plaintiff must identify and disclose all expert witnesses and expert reports on or before __________. The defendant must identify and disclose all expert witnesses and reports on or before ________. Rebuttal experts and reports shall be permitted only by leave of court. Unless otherwise provided for in a separate pretrial order, supplemental expert disclosures, which specifically include, but are not limited to, any supplemental information to expert reports, must be made in accordance with Rule 26(a) and (e). Supplemental expert opinions or other expert disclosures not timely disclosed may be excluded at trial. See Local Rule 39.01(c)(5)(C). Expert depositions must be completed by ____________________. J. ANOTHER CASE MANAGEMENT CONFERENCE. The Court does not set second case management conferences or require the parties to file status reports as a matter of course in civil actions. The parties and their counsel are reminded of their responsibility to prepare this case according to the case management schedule. Failure to do so may result in any of the remedies authorized by Fed. R. Civ. P. 16(f). The Court will not provide reminders of case 4 management deadlines and will not otherwise prompt the parties to give attention to this case. The parties may request that a case management conference be set by filing a joint motion for a case management conference, which must identify all issues to be discussed and detail the status of all case management events. If the purpose of the requested conference is to discuss extending case management deadlines, the motion must comply with the requirements for modifications of the case management order as instructed below. The parties must also state whether they request an in-person or telephonic case management conference. K. MOTION FOR CLASS CERTIFICATION AND NOTICE. Prior to the filing of a motion for class certification, lead counsel for the parties must meet in person1 to discuss the proposed class and whether there is some class and/or notice that can be approved by agreement of the parties. The motion for class certification and notice procedures must be filed by no later than ________________. Response to the motion for class certification, if opposed, must be filed within 21 days of the filing of the motion. Briefs or memoranda of law in support of or in opposition to the motion shall not exceed 25 pages. An optional reply may be filed within 7 days of the filing of the response and shall not exceed 5 pages. L. MOTION FOR CLASS DECERTIFICATION. Any motion for class decertification must be filed by no later than ________________ and otherwise in compliance with Local Rule 7.01 except for the following expanded briefing schedule. Response to the motion for class decertification must be filed within 21 days of the filing of the motion. Briefs or memoranda of law in support or in opposition to the motion shall not exceed 25 pages. An optional reply may be filed within 7 days of the filing of the response and shall not exceed 5 pages. 1 To be clear, this is an explicit requirement. It does not mean meeting by videoconference or by any means other than in person. 5 M. DISPOSITIVE MOTIONS: Any motions under Fed. R. Civ. P. 12 must be filed and briefed in accordance with that rule and with Local Rule 7.01. Motions for summary judgment and all other non-Rule 12 dispositive motions must be filed by no later than _________. Responses to dispositive motions must be filed within 28 days after the filing of the motion. Briefs or memoranda of law in support of or in opposition to a dispositive motion shall not exceed 25 pages. Optional replies may be filed within 14 days after the filing of the response and shall not exceed 5 pages. No motion for partial summary judgment shall be filed except by permission of the Court. Any party wishing to file such a motion must first file a separate motion that gives the justification for filing a partial summary judgment motion in terms of overall economy of time and expense for the parties, counsel, and the Court. Before filing or responding to a summary judgment motion, attorneys are required to read and follow Local Rule 56.01 generally and specifically Judge Richardson's guidance in McLemore v. Gumucio, 619 F. Supp. 3d 816 (M.D. Tenn. 2021) (rev’d on other grounds), regarding what should (or should not) be included in the movant's "statement of undisputed material facts.” Counsel must carefully draft the statement of undisputed material facts and response to ensure that each is a concise, focused, and non-argumentative statement of facts (not opinions, argument, or legal conclusions) that are material to the outcome of the case and are undisputed as supported by the record. N. ELECTRONIC DISCOVERY. The parties anticipate reaching an agreement on how to conduct electronic discovery. Any agreement between the parties must be reduced to writing, and must either be (i) filed as a stipulation of agreed-upon electronic discovery procedures or (ii) if the parties request court approval, submitted as proposed agreed order with an accompanying motion for approval. In the absence of compliance with this provision, the default 6 standards of Administrative Order No. 174-1 will apply. [May also include any agreed-upon ESI protocol or procedures or may agree that Administrative Order No. 174-1 will apply.] [For Judge Campbell’s cases only] Any agreement between the parties for ESI discovery must be reduced to writing, and must, within 14 days of the date of entry of this initial case management order, either be (i) filed as a stipulation of agreed-upon electronic discovery procedures or (ii) if the parties request court approval, submitted as proposed agreed order with an accompanying motion for approval. In the absence of compliance with this provision, the default standards of Administrative Order No. 174-1 will apply. [May also include any agreed-upon ESI protocol or procedures or that Administrative Order No. 174-1 will apply.] O. MODIFICATION OF CASE MANAGEMENT ORDER. Any motion to modify the case management order or any case management deadline must be filed at least seven (7) days in advance of the earliest impacted deadline. Unless a joint motion, the motion for modification must include a statement confirming that counsel for the moving party has discussed the requested modification or extension with opposing counsel and whether there is any objection to the requested modification or extension. The motion for modification must also include: (i) the trial date and all deadlines, even unaffected deadlines, so that it will not be necessary for the Court to review one or more previous case management orders in consideration of the motion and (ii) a statement of counsel that the requested extension will not cause any dispositive motion deadline, including response and reply briefs, to be later than 120 days in advance of the trial date. Motions for extensions must also detail the moving party’s efforts at diligently complying with the originally scheduled deadline and the specific facts demonstrating good cause for modification of the deadline as required by Fed. R. Civ. P. 16(b)(4). Failure to do so may result in denial of the requested extension. 7 P. [For Judge Campbell’s cases only] REQUESTS TO SEAL DOCUMENTS OR PORTIONS OF DOCUMENTS. Any party requesting that documents or portions of documents be sealed, including without limitation for use as exhibits at trial, must file a motion to seal in accordance with Administrative Order No. 167-1 (Administrative Practices and Procedures for Electronic Case Filing) and Local Rules 5.03 and 7.01, which demonstrates compelling reasons to seal the documents and that the sealing is narrowly tailored to those reasons. The motion to seal, even if unopposed, must specifically analyze in detail, document by document, the propriety of secrecy, providing factual support and legal citations. Generally, only trade secrets, information covered by a recognized privilege (such as the attorney-client privilege), and information required by statute to be maintained in confidence is typically enough to overcome the presumption of public access. Failure to comply with these procedures or to provide sufficiently compelling reasons may result in denial of the request to seal documents or portions of documents. Protective orders should not provide that documents produced in discovery and designated as “confidential” will be automatically sealed upon filing or if used at trial. Any such language in proposed protective orders will be stricken and may result in denial of the motion for entry of the proposed protective order. P./Q. ESTIMATED TRIAL TIME AND TARGET TRIAL DATE: The [JURY or BENCH] trial of this action is expected to last approximately ______ days.2 A trial date no earlier than ____________is respectfully requested. An order setting dates for trial and a pretrial 2 The parties are also reminded of their option to consent to final disposition by the Magistrate Judge pursuant to Fed. R. Civ. P. 73 and Local Rule 73.01. As discussed, if the parties wish to utilize this option, they may jointly complete and electronically file the form Notice, Consent and Reference of a Civil Action to a Magistrate Judge found on the Court’s website under the link for Forms. Not consenting will not result in any adverse consequences, and the Notice should be filed only if all parties consent to final disposition by the Magistrate Judge. 8 conference, and detailing the parties’ pretrial obligations, will be entered separately by Judge BARBARA D. HOLMES United States Magistrate Judge _____________________. It is so ORDERED. APPROVED FOR ENTRY: Attorney for Plaintiff Attorney for Defendant 9