Judge Ludwig’s General Procedures; Judge Ludwig's Form Civil Scheduling Order; Judge Ludwig's Form Civil Scheduling Order FLSA and Rule 23 Class Action Cases

=== Judge Ludwig’s General Procedures ===

Judge Ludwig’s General Procedures Table of Contents I. Communications with Chambers ............................................................................................ 1 II. Hearing Protocols .................................................................................................................... 2 III. Motion Practice and Stipulations ............................................................................................ 3 IV. General Procedures for Civil Matters ..................................................................................... 4 A. Scheduling Conferences and Orders .................................................................................. 4 B. Final Pretrial Conferences .................................................................................................. 5 C. Discovery Disputes ............................................................................................................. 5 I. Communications with Chambers • Ex parte communication with Judge Ludwig is prohibited. Parties and counsel should communicate with chambers in writing. • Chambers staff cannot provide legal advice. • In limited circumstances, a party or its counsel may contact chambers concerning non- substantive, procedural, or scheduling matters, including: Obtaining, rescheduling, or canceling a hearing; Confirming the Court’s receipt of a proposed order; or Alerting the Court to a filing that: (a) is an emergency filing, (b) affects a hearing that is in the near future, or (c) was required by the Court to be made by a certain time to permit a timely ruling. • Rescheduling of hearings. Should any party have a conflict with the scheduled date and time for a hearing, that party should contact chambers by telephone, with the other interested parties on the line, to reschedule the hearing to a mutually agreeable date and time. If a party is unable to join all interested parties on the line, that party should file a motion on the docket, requesting the rescheduling of the hearing. • When a party otherwise wishes to draw the Court’s attention to something or obtain further clarity on a matter, the party should file a motion on the docket. • Chambers telephone line • 414-297-3071 • Conference call-in line for telephonic hearings • 669-254-5252 Meeting ID: 160 9600 2659 # Passcode: 243805 • Email address for proposed orders • [email protected] • Include the case name and number in the subject line 1 II. Hearing Protocols • The Court expects counsel, parties, and witnesses to act professionally at all times in the courtroom. • Counsel and witnesses should exercise civility, dress appropriately, and otherwise conduct themselves in a manner consistent with the dignity of the Court and its proceedings. • Counsel should address clients, witnesses and all other parties by their surnames. • Only one attorney should speak for a client as to any issue under consideration, unless the Court grants permission otherwise. • Counsel should address their arguments to the Court, not to one another. • Cell phones and similar devices should be silenced while in the courtroom. • Court hearings are digitally recorded. Court staff will post audio recordings for most hearings on the case docket promptly after the hearing. Requests for hearing transcripts should be directed to the clerk’s office (414-297-3372). If a party believes a hearing requires an in-person court reporter, counsel should make the request by motion in advance of the hearing. • The Court has presentation equipment that it can make available for use by counsel. If a party wishes to use other or additional equipment, counsel should coordinate with chambers staff (414-297-3071) to allow for courtroom access and scheduling setup. • The Court conducts hearings in-person, by telephone, and by videoconference. The notice of hearing will indicate how the hearing will be conducted. If a party wishes to appear, and the hearing notice does not specifically permit remote appearances, the party should file a motion under Civil L. R. 7(h) in advance of the hearing explaining the need for the remote appearance. The Court will memorialize its ruling with an order or a docket notation. • Telephonic hearings are conducted via a group telephone line. To appear by telephone, parties must call the court conference line at 1-669-254-5252, Meeting ID 160 9600 2659 #, and Passcode 243805 at least five minutes before the scheduled hearing time. Generally, telephonic hearings are not used for matters requiring the Court to receive evidence. 2 III. Motion Practice and Stipulations • Requests for relief should be made by written motion consistent with the Local Rules. Requests made through letters or informal correspondence are disfavored and may be denied out of hand. • Proposed orders should be submitted in two ways and two formats. First, consistent with the District’s ECF procedures, proposed orders should be e-filed in PDF format as an attachment to the motion or stipulation seeking relief. Second, parties should email proposed orders in Word (not PDF) format to the Court’s proposed order email address. [email protected] • The Court does not require parties to file proposed orders for motions on which the Court will likely issue a written decision. Proposed orders are generally not required for motions to dismiss or for summary judgment. • Parties seeking immediate or urgent relief should not contact the Court to schedule an emergency hearing unless and until they have filed a motion requesting such relief. Once the motion is filed, counsel may contact chambers to schedule an emergency hearing, consistent with the prohibition on ex parte communications discussed in Section I above. • Non-dispositive matters that require expedited, but not emergency relief, should be addressed using the procedure outlined in Civil L. R. 7(h). • The Court will rule on most motions without a hearing. If a party believes that oral argument would be helpful, it should request a hearing in its written motion papers. The Court will set a hearing on a motion if a hearing is deemed necessary. • Requests for changes to deadlines and scheduling orders should be made by motion and describe with specificity efforts made to obtain opposing parties’ consent, including whether such consent has been obtained. Informal agreements among counsel to change court deadlines do not bind the Court. • The Court does not require courtesy copies of briefs. 3 IV. General Procedures for Civil Matters A. Scheduling Conferences and Orders • The Court will set a scheduling conference once all parties have been served or appeared in a civil case. See Fed. R. Civ. P. 16(b). The hearing notice will state whether counsel are expected to appear in person or by telephone/videoconference. Scheduling conferences are generally held telephonically. • Consistent with Fed. R. Civ. P. 26(f), the parties are responsible for arranging a conference to discuss a discovery plan and related matters at least 21 days before the scheduling conference. A report outlining the parties’ discovery plan must be filed no later than 7 days before the scheduling conference. See Fed. R. Civ. P. 26(f)(2). • The report should include proposed dates and deadlines for: o Exchange of Rule 26(a) Initial Disclosures o Amendments to the Pleadings o Completion of Fact Discovery o Primary Expert Witness Disclosures o Rebuttal Expert Witness Disclosures o Completion of Expert Discovery o Filing Dispositive (Summary Judgment) Motions o Filing Class Certification Motions (if applicable) • For additional reference, see the appropriate form Civil Scheduling Order under the Instructions Tab on Judge Ludwig’s webpage. • The Court will enter a scheduling order after the scheduling conference. Most cases should be ready for resolution within one year of the filing date. Parties should negotiate a discovery plan consistent with this general expectation or be prepared to explain why a particular case requires a different schedule. • Requests for changes to any deadlines set in a scheduling order should be made by motion. In addition to the grounds for relief, the motion should describe with specificity efforts made to obtain opposing parties’ consent, including whether such consent has been obtained. Informal agreements among counsel to change court deadlines do not bind the Court. 4 B. Final Pretrial Conferences • Depending on the case, the Court will either set a trial date at the scheduling conference or wait and set a trial date at the final pretrial conference. If trial is set at the final pretrial conference, the Court will attempt to schedule the case for trial within 60-90 days of the final pretrial conference. • The primary purpose of the final pretrial conference is to determine the issues that need to be tried. Motions in limine in civil cases are generally due 14 days before the final pretrial conference. Motion in limine response briefs are due 7 days before the final pretrial conference. C. Discovery Disputes • The Court expects counsel to resolve most discovery issues consensually and without court involvement. If counsel cannot agree, they may utilize the Court’s Expedited Non-Dispositive Motion protocols to bring discovery issues before the Court. See Civil L. R. 7(h). • The Court will not enter a protective order unless supported by specific facts establishing good cause. Mere stipulations among the parties that do not provide a factual basis for the protective order are not sufficient. See Civil L. R. 26(e). 5

=== Judge Ludwig's Form Civil Scheduling Order ===

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN Case Caption and Number SCHEDULING ORDER The court held a telephone scheduling conference with the parties’ attorneys on [DATE], pursuant to Fed. R. Civ. P. 16 and Civil L. R. 16(a) and set the following schedule and procedures. DISCOVERY 1. Amendments to the pleadings may be filed without leave of court on or before [DATE- AMENDED PLEADINGS]. Fed. R. Civ. P. 15 will apply to any amendment filed after that date. 2. All fact discovery must be completed no later than [DATE-DISCOVERY]. Discovery requests must be served sufficiently in advance of this deadline that timely responses are due before the deadline expires. 3. In accordance with Fed. R. Civ. P. 26, primary expert witness disclosures are due on or before [DATE-P EXPERT DISCLOSURE]. Rebuttal expert witness disclosures are due on or before [DATE-R EXPERT DISCLOSURE]. These documents are to be exchanged between the parties but not filed with the court. 4. All expert discovery must be completed no later than [DATE-DISCOVERY]. 5. Expedited non-dispositive motions must comply with Civil L. R. 7(h). 6. Counsel seeking non-dispositive procedural relief shall consult with the opposing party and include in the motion a statement indicating whether or not the motion is opposed. SUMMARY JUDGMENT MOTIONS 7. Motions for summary judgment must comply with Fed. R. Civ. P. 56 and Civil L. R. 7 and shall be served and filed on or before [DATE-MOTIONS DUE]. 8. Any summary judgment motion filed against a pro se litigant must comply with Civil L. R. 56(a). FINAL PRETRIAL AND TRIAL 9. A final pretrial will be held on [FINAL PRETRIAL DATE/TIME] at the United States Courthouse, 517 East Wisconsin Avenue, Milwaukee, Wisconsin. Attorneys for all parties are required to appear in person. Parties need not appear, but should be available by telephone. Motions in limine shall be filed at least 14 days prior to the final pretrial conference; responses shall be filed at least 7 days prior to the final pretrial conference. 10. A jury trial will be held on [JURY TRIAL DATE/TIME] at the United States Courthouse, 517 East Wisconsin Avenue, Milwaukee, Wisconsin. ADDITIONAL PROCEDURES 11. All requests of the court must be made by formal motion in accordance with Civil L. R. 7 and the Federal Rules of Civil Procedure. 12. Counsel are to confer and make a good faith effort to settle the case and explore various methods of alternate dispute resolution (ADR). The court will refer the case to one of the magistrate judges for mediation, at no cost to the parties, when a request is made at least ninety (90) days prior to the final pretrial conference. 13. Settlement discussions must be completed prior to the final pretrial conference. In cases where settlement occurs after the final pretrial conference, the court may impose jury- related costs, including notification, travel, and attendance fees, upon the responsible attorneys. 14. The foregoing schedule shall not be modified except upon a showing of good cause and by leave of the court. The pendency of motions or settlement discussions shall not justify modification of the schedule, nor delay the taking of discovery. SO ORDERED.

=== Judge Ludwig's Form Civil Scheduling Order FLSA and Rule 23 Class Action Cases ===

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN Case Caption and Number SCHEDULING ORDER The Court held a telephone scheduling conference with the parties’ attorneys on [DATE] pursuant to Fed. R. Civ. P. 16 and Civil L. R. 16(a), and set the following schedule and procedures. DISCOVERY 1. The parties’ initial disclosures as required by Fed. R. Civ. P. 26(a) must be provided on or before [DATE-INITIAL DISCLOSURES]. 2. Amendments to the pleadings may be filed without leave of Court on or before [DATE- AMENDED PLEADINGS]. Fed. R. Civ. P. 15 will apply to any amendment filed after that date. 3. All fact discovery must be completed no later than [DATE-DISCOVERY]. Discovery requests must be served sufficiently in advance of this deadline that timely responses are due before the deadline expires. 4. In accordance with Fed. R. Civ. P. 26, primary expert witness disclosure is due on or before [DATE-P EXPERT DISCLOSURE] and rebuttal expert witness disclosure is due on or before [DATE-D EXPERT DISCLOSURE]. These documents are to be exchanged between the parties and are not to be filed with the Court. 5. All expert discovery must be completed no later than [DATE-DISCOVERY]. 6. Expedited non-dispositive motions must comply with Civil L. R. 7(h). Counsel seeking non-dispositive procedural relief shall consult with the opposing party and include in the motion a statement indicating whether or not the motion is opposed. COLLECTIVE AND CLASS ACTION MOTIONS 7. Motions for conditional certification of a collective action shall be served and filed on or before [DATE-MOTIONS DUE]. 8. Motions to decertify a collective action shall be served and filed on or before [DATE- MOTIONS DUE]. 9. Motions for class certification shall be served and filed on or before [DATE-MOTIONS DUE]. SUMMARY JUDGMENT MOTIONS 10. Motions for summary judgment must comply with Fed. R. Civ. P. 56 and Civil L. R. 7 and shall be served and filed on or before [DATE-MOTIONS DUE]. Any summary judgment motion filed against a pro se litigant must comply with Civil L. R. 56(a). FINAL PRETRIAL CONFERENCE AND TRIAL 11. A final pretrial conference will be held on [FINAL PRETRIAL DATE/TIME] at the United States Federal Building and Courthouse, 517 E. Wisconsin Ave. Milwaukee, WI 53202. 12. A jury trial will be held on [JURY TRIAL DATE/TIME] at the United States Federal Building and Courthouse, 517 E. Wisconsin Ave. Milwaukee, WI 53202. ADDITIONAL PROCEDURES 13. All requests of the Court must be made by formal motion in accordance with Civil L. R. 7 and the Federal Rules of Civil Procedure. 14. Counsel are to confer and make a good faith effort to settle the case and explore various methods of alternate dispute resolution. The Court will refer the case to one of the magistrate judges for mediation, at no cost to the parties, when a request is made at least ninety (90) days prior to the final pretrial conference. 15. Settlement discussions must be completed prior to the final pretrial conference. In cases where settlement occurs after the final pretrial conference, the Court may impose jury- related costs, including notification, travel, and attendance fees, upon the responsible attorneys. 16. The foregoing schedule shall not be modified except upon a showing of good cause and by leave of the Court. The pendency of motions or settlement discussions shall not justify modification of the schedule, nor delay the taking of discovery. SO ORDERED