Judge Stacey D. Adams Judicial Preferences; Joint Discovery Plan Template; Final Pretrial Order Form Template

=== Judge Stacey D. Adams Judicial Preferences ===

HON. STACEY D. ADAMS, U.S.M.J. Judicial Preferences Adjournment Requests: Absent exigent circumstances, adjournment requests shall only be considered if made at least three (3) business days before the scheduled court proceeding. The party seeking an adjournment should attempt to gain the consent of all other parties before submitting said request. The request should be made in writing via CM/ECF as a letter request. The request must set forth: (a) the date of the court proceeding; (b) the length of adjournment requested; (c) the basis for the adjournment request; (d) whether all parties consent to or oppose the request; and (e) whether the adjournment request, if granted, would impact other scheduled dates or deadlines. Applications to amend or supplement pleadings: Motions to amend must comply with Local Civil Rule 15.1 and shall be accompanied with a proposed amended pleading with red-lined edits that clearly indicate the proposed changes. Counsel shall attempt to gain the consent of all other parties before filing the application and indicate, in the application, whether consent was obtained. If a party seeks to file a motion to amend after the deadline set by a Scheduling Order, that party must show good cause why the amendment could not have been sought earlier pursuant to Federal Rule of Civil Procedure 16. Communications with the Court: Direct communication with law clerks is permitted as to procedural matters only. All other communications shall be made via formal letter filed electronically via CM/ECF, unless otherwise directed by the Court. Confidentiality Orders: Any proposed Discovery Confidentiality Order agreed to by the parties must strictly comply with Federal Rule of Civil Procedure 26(c) and Local Civil Rule 5.3. Unless good cause is shown, the parties shall use the form included in Appendix S to the Local Civil Rules. If the proposed order differs from Appendix S, the parties must submit (i) a clean version of the proposed order that is ready for signature; and (ii) a red-lined version of the proposed order that delineates how it differs from Appendix S. Confidential Submissions: Settlement letters and any discovery dispute letters containing information subject to a Discovery Confidentiality Order shall be submitted by email to [email protected]. Correspondence and written submissions not containing confidential information: Shall be electronically filed via CM/ECF. Papers shall not be submitted by facsimile unless otherwise directed. Courtesy Copies: By request of the Court only. Criminal Matters: The Court will not consider a request for bail or bail modification until after defense counsel has consulted with the U.S. Attorney's Office and U.S. Pretrial Services has assessed the proposed bail package. Discovery Disputes and Applications. Discovery disputes and applications shall proceed in accordance with Local Civil Rules 16.1 and 37.1. Should counsel fail in their good-faith efforts to resolve the dispute by conferring pursuant to Local Civil Rule 37.1, the matter shall be brought to the Court’s attention in the following manner: (a) (b) The party(ies) seeking relief shall file a letter with the Court, which shall be double- spaced and not exceed five (5) pages in length. No exhibits shall be attached. The letter is meant to summarize the issue for the Court for the purpose of having a conference, and is not meant to be a substitute for a formal letter brief. The letter shall set forth the efforts taken to resolve the dispute. The party(ies) opposing the relief sought shall file a response within five (5) days, which shall be double-spaced and not exceed five (5) pages in length. No exhibits shall be attached. (c) Replies are not permitted without leave of Court. After reviewing the letters, the Court will determine whether it will conduct a conference. Formal discovery motions may be filed only upon leave of Court and only after the parties have proceeded in accordance with Local Civil Rules 16.1 and 37.1 and complied with the procedures set forth herein. Motions to secure enforcement of a subpoena or to quash a subpoena involving third parties must be made with notice to the relevant third party. Extension of Time: Absent exigent circumstances, requests for extensions of time must be submitted at least three (3) business days before the scheduled deadline, or the request will not be considered. The request should be made in writing via CM/ECF as a letter request All requests for an extension of time, other than automatic extensions pursuant to Local Rule 6.1(b) or 7.1(d)(5), must comport with Local Rule 6.1 and include (i) the date(s) sought to be extended; (ii) the number of previous extensions; (iii) the reason for the current request; and (iv) whether the adversary consents and, if not, the reason given by the adversary for refusing consent. If the requested extension affects any other scheduled dates/deadlines, the request must list the proposed change for all other dates/deadlines. Final Pretrial Conferences: The Court conducts final pretrial conferences pursuant to Federal Rule of Civil Procedure 16(e). The parties shall submit, by email to [email protected] and regular mail, one (1) copy of the joint proposed final pretrial order no later than fourteen (14) days before the conference. Counsel should check the individual rules for the presiding District Judge to obtain the preferred form of final pretrial order. The Court expects counsel to meet and confer regarding the final pretrial order in an effort to minimize disputes. The Court expects to engage in meaningful settlement discussions at final pretrial conferences. Therefore, trial counsel as well as persons with full settlement authority must attend the conferences. The final pretrial conference will proceed even if there are dispositive motions pending. Format for CM/ECF Filings: Pleadings, motions, letters and proposed orders filed on CM/ECF shall be filed in searchable PDF format. Supporting documents, such as exhibits, may be filed in non-searchable format. Motion Practice: • No formal motions are permitted unless leave of court is first obtained, except for motions under Federal Rule of Civil Procedure 12(b) or motions to remand that must be filed within thirty days of removal pursuant to 28 U.S.C. § 1447(c). When seeking leave, the moving party must first submit a letter, no longer than three pages, summarizing the party’s argument and certifying what attempts have been made to meet and confer with the adversary to resolve the dispute. Within one week of the moving party’s letter, the opposing party must submit a letter, no longer than three pages, summarizing the party’s argument in opposition. • Full compliance with Local Civil Rules 7.1, 16.1 and 37.1 is expected. • All motions must be accompanied by a proposed order in searchable PDF format, filed via CM/ECF. Motions to Seal: Motions to seal must comply with Local Civil Rule 5.3(c) and must include a proposed order and proposed findings of fact and conclusions of law. In addition, the proposed order must include reference to the docket entries the party seeks to seal. Counsel shall make every effort to secure the consent of all parties regarding the request to seal and the movant shall certify as to whether all parties consent in the application. Oral Argument: The Court will schedule oral argument on an as needed basis. If oral argument is requested, it shall be indicated in the notice of motion. Pro hac vice: Requests for admission pro hac vice should be filed as motions and, provided the defendant(s) have answered and/or defense counsel has entered a notice of appearance, should indicate whether the other parties consent to the admission. There should also be one motion filed for each individual applicant for admission pro hac vice. A motion seeking admissions of more than one applicant will not be considered. Requests should also comply with Local Civil Rule 101.1(c) and enclose a proposed form of Order. Proposed Orders: In addition to filing via CM/ECF, a copy of any proposed orders should be submitted in Word format via email to [email protected]. Settlement Conferences: Absent exigent circumstances, settlement conferences will be held in person at the Courthouse and must be attended by lead trial counsel as well as all parties and to persons with settlement authority. Each party [email protected], a confidential settlement memorandum of no more than ten (10) double spaced pages no later than five (5) business days before the conference. Voluminous exhibits to settlement letters (exceeding 20 pages) will not be reviewed by the Court unless to submit, by email is required submitted in hard copy that is received by Chambers no later than five business days in advance of the settlement conference. Telephone Conferences: Are permitted but must be initiated by letter informally outlining the issues to be discussed.

=== Joint Discovery Plan Template ===

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY Plaintiff(s) v. Defendant(s) Hon. Civil Action No. : : : : : : : JOINT PROPOSED DISCOVERY PLAN : : : : : : 1. 2. Set forth the name of each attorney appearing, the firm name, address and telephone number and facsimile number of each, designating the party represented. Set forth a brief description of the case, including the causes of action and defenses asserted. 3. Have settlement discussions taken place? Yes No (a) What was plaintiff’s last demand? (1) Monetary demand: $ (2) Non-monetary demand: (b) What was defendant’s last offer? (1) Monetary offer: $ (2) Non-monetary offer: 4. The parties [have 26(f): have not ] met pursuant to Fed. R. Civ. P. 1 5. 6. 7. 8. The parties [have Fed. R. Civ. P. 26(a)(1). If not, state the reason therefor. have not ] exchanged the information required by Explain any problems in connection with completing the disclosures required by Fed R. Civ. P. 26(a)(1) The parties [have litigation funding. See Local Civil Rule 7.1.1. have not ] filed disclosures of third-party The parties [have the above disclosures. If so, describe. have not ] conducted discovery other than 9. Proposed discovery plan: (a) Discovery is needed on the following subjects: (b) Discovery [should should not or be limited to particular issues. Explain. ] be conducted in phases (c) Proposed schedule: (1) (2) Service of Fed. R. Civ. P. 26 initial disclosures by _____________. E-Discovery conference pursuant to L. Civ. R. 26.1(d) to be held by _____________. (3) Service of initial written discovery requests by __________________. (4) Maximum of _____ Interrogatories by each party to each other party. (5) Maximum of _____ depositions to be taken by each party. (6) Motions to amend or to add parties to be filed by ______________. (7) (8) (9) Factual discovery to be completed by __________________________. Plaintiff’s expert report due on ______________________________. Defendant’s expert report due on _____________________________. (10) Expert discovery, including all expert depositions, to be completed by 3 ___________. (11) Dispositive motions to be served within days of completion of discovery. (12) Set forth any special discovery mechanism or procedure requested. Do you anticipate any special discovery needs (i.e., videotape/telephone depositions, problems with out-of-state witnesses or documents, etc.)? Yes . If so, please explain. No Do you anticipate any issues about disclosure or discovery of electronically stored information, including the form or forms in which it should be produced? Yes No . If so, how will electronic discovery or data be disclosed or produced? Describe any agreements reached by the parties regarding same, including costs of discovery, production, related software, licensing agreements, etc. Do you anticipate entry of a Discovery Confidentiality Order? See L.Civ.R. 5.3(b) and Appendix S. Do you anticipate any discovery problem(s) not listed above? Describe. Yes No . State whether this case is appropriate for voluntary arbitration (pursuant to Local Civil Rule 201.1 or otherwise) or mediation (pursuant to Local Civil Rule 301.1 or otherwise). If not, explain why and state whether any such procedure may be appropriate at a later time (i.e., after exchange of pretrial disclosures, after completion of depositions, after disposition or dispositive motions, etc.). 9. 10. 11. 12. 13. 14. Is this case appropriate for bifurcation? Yes No 15. An interim status/settlement conference (with clients in attendance), should be held in . 16. We [do do not ] consent to the trial being conducted by a Magistrate Judge. 17. Identify any other issues to address at the Rule 16 Scheduling Conference. Attorney(s) for Plaintiff(s) / Date Attorney(s) for Defendant(s) / Date 3

=== Final Pretrial Order Form Template ===

Final Pretrial Order Form HON. STACEY D. ADAMS, U.S.M.J. Instructions Please check to the assigned District Court Judge’s preferences to determine if he/she has a required form for the Final Pretrial Order. If so, the District Court Judge’s form should be utilized. If the District Court Judge does not have a preferred form, then this form shall be used. This form is to be retyped in full (including all instructions) and all material inserted in proper sequence and not by means of attached riders, except as provided herein. Please number all pages. Counsel for the parties shall meet and confer in person to prepare the proposed final pretrial order. Counsel is expected to work cooperatively to (i) reduce the number of in limine and other pretrial motions; (ii) prepare a comprehensive list of stipulated facts and joint exhibits; and (ii) attempt to resolve any objections to witnesses or exhibits. A copy of the final pretrial order shall be submitted to [email protected] in pdf and MS Word format no later than 10 days prior to the final pretrial conference date. 1 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY Plaintiff v. Defendant Civil Action No.: FINAL PRETRIAL ORDER : : : : : This matter having come before the Court for a pretrial conference pursuant to Fed. R. Civ. P. 16; and having appeared for plaintiff(s), and ______________ having appeared for defendant(s); the following Final Pretrial Order is hereby entered: 1. 2. 3. JURISDICTION (set forth specifically). NATURE OF THE ACTION (provide a brief description of the nature and background of the action) PENDING/CONTEMPLATED MOTIONS (Set forth all pending or contemplated motions, whether dispositive, or addressed to discovery or the calendar. Also, set forth the nature of the motion and the return date. If the Court indicated that it would rule on any matter at pretrial, summarize that matter and each party’s position). 4. JUDICIAL NOTICE A. Plaintiff (i) (ii) Plaintiff requests that the Court take judicial notice of the following facts: Defendant objects to the taking of judicial notice for the following reasons: B. Defendant (i) Defendant requests that the Court take judicial notice for the following facts: (ii) Plaintiff objects to the taking of judicial notice for the following reasons: 5. STIPULATED FACTS (Set forth in narrative form a comprehensive listing of all uncontested facts, including all answers to interrogatories and admissions, to which there is agreement among the parties). 2 6. PLAINTIFF’S CONTESTED FACTS (State separately for each plaintiff. Proofs shall be limited at trial to the matters set forth below. Failure to set forth any matter shall be deemed a waiver thereof). A. B. Liability - Plaintiff intends to prove the following contested facts with regard to liability: Damages - Plaintiff intends to prove the following contested facts with regard to damages: (This must include each item of damages, the amount of each item, the factual basis for each item and, if punitive damages are claimed, the facts upon which plaintiff will rely to establish punitive damages). 7. DEFENDANT’S CONTESTED FACTS (State separately for each defendant. Proofs shall be limited at trial to the matters set forth below. Failure to set forth any matter shall be deemed a waiver thereof). A. B. Liability - Defendant intends to prove the following contested facts with regard to liability. Damages - Defendant intends to prove the following contested facts with regard to damages. (This statement must include the factual basis for each defense against plaintiff’s claims for damages). 8. PLAINTIFF’S FACT WITNESSES (Aside from those witnesses called for impeachment purposes, only those witnesses whose names and addresses are listed below will be permitted to testify at trial). A. B. Liability - On liability, plaintiff intends to call the following witnesses who will testify in accordance with the following summaries: Damages - On damages, plaintiff intends to call the following witnesses who will testify in accordance with the following summaries: C. Objections - Defendant objects to the following witnesses for the reasons stated: 9. DEFENDANT’S FACT WITNESSES (Aside from those witnesses called for impeachment purposes, only those witnesses whose names and addresses are listed below will be permitted to testify at trial). A. B. Liability - On liability, defendant intends to call the following witnesses who will testify in accordance with the following summaries: Damages - On damages, defendant intends to call the following witnesses who will testify in accordance with the following summaries: 3 C. Objections - Plaintiff objects to the following witnesses for the reasons stated: 10. EXPERT WITNESSES (No opposing counsel shall be permitted to question the expert’s qualifications unless the basis of an objection is set forth herein). A. B. C. D. Plaintiff’s expert witnesses: Defendant’s objections to the qualifications of plaintiff’s experts (by witness): Defendant’s expert witnesses: Plaintiff’s objections to the qualifications of defendant’s experts (by witness): 11. DEPOSITION TESTIMONY [List, by page and line, all deposition testimony to be offered into evidence. All irrelevant and redundant matters and all colloquy among counsels must be eliminated, unless ruled relevant. Deposition testimony to be used solely for impeachment purposes need not be listed] A. B. Plaintiff – Plaintiff intends to read into evidence the following: Defendant – Defendant intends to read into evidence the following: 12. PLAINTIFF’S EXHIBITS (Except for exhibits the need for which could not reasonably have been foreseen or which are used solely for impeachment purposes, only the exhibits set forth on the exhibit list attached hereto may be introduced at trial. Any objection to an exhibit, and the reason for said objection, must be set forth below or it shall be deemed waived. All parties hereby agree that it will not be necessary to bring in the custodian of any exhibit as to which no such objection is made). A. B. Plaintiff intends to introduce into evidence the exhibits listed on the attached exhibit list (list by number with a description of each): Defendant objects to the introduction of plaintiff’s exhibits (set forth number of an exhibit and grounds for objection): 13. DEFENDANT’S EXHIBITS (See instructions above). A. B. Defendant intends to introduce into evidence the exhibits listed on the attached exhibit list (list by number with a description of each): Plaintiff objects to the introduction of defendant’s exhibits (set forth number of exhibit and grounds for objection): (Copies of exhibits are to be made for opposing counsel, and a bench book of exhibits is to be delivered to the Judge at the start of trial. If counsel desires to display exhibits to the jury, sufficient copies should be available to provide each juror with a copy; 4 alternatively, enlarged photographic or projected copies may be used). 14. PLAINTIFF’S LEGAL ISSUES 15. DEFENDANT’S LEGAL ISSUES 16. CHOICE OF LAW: (If there is any issue as to what state’s law is applicable to any count of the complaint, set forth the choice of law question. This issue shall be separately briefed in accordance with an order to be entered herewith). 17. MISCELLANEOUS (Set forth any other matters which require action by, or should be brought to the attention of, the Court). 18. JURY TRIALS - Not later than ______________ [DATE] A. B. Each side shall submit to the Judge and to opposing counsel a trial brief or memorandum in accordance with Local Civil Rule 7.2B, with citations to authorities and arguments in support of its position on all disputed issues of law. In the event a brief shall not be filed, the delinquent party’s complaint or defense may be stricken. Counsel for each party shall submit to the Judge, with a copy to opposing counsel, written requests for instructions to the jury. Supplemental requests for instructions may be submitted at any time prior to argument to the jury. All requests for instructions shall be plainly marked with the name and number of the case, shall contain citations of supporting authorities, if any, and shall designate the party submitting same. In the case of multiple requests by a party, these shall be numbered in sequence and each request shall be on a separate sheet of paper. C. Joint proposed verdict form/special interrogatories are to be submitted to the trial judge. D. Proposed voir dire are to be submitted to the trial judge. 19. NON-JURY TRIALS - Not later than _____________ [DATE]. A. B. Each side shall submit to the Judge and opposing counsel a trial brief or memorandum in accordance with Local Civil Rule 7.2B with citation to authorities and arguments in support of its position on all disputed issues of law. In the event a brief shall not be filed, the delinquent party’s complaint or defense may be stricken. Each side shall submit to the Judge and other counsel proposed written findings of fact and conclusions of law. There is reserved to counsel the right to submit additional proposed findings of fact and conclusions of law during the course of the trial on those matters that cannot reasonably be anticipated. 5 20. TRIAL COUNSEL (List the names of trial counsel for all parties). 21. BIFURCATION (Where appropriate, the issues relating to liability shall be severed and tried to verdict. Thereafter, all issues relating to damages will be tried). The issues of liability and damages SHALL / SHALL NOT be tried separately. 22. ESTIMATED LENGTH OF TRIAL DAYS FOR LIABILITY and DAYS FOR DAMAGES. AMENDMENTS TO THIS PRETRIAL ORDER WILL NOT BE PERMITTED UNLESS THE COURT DETERMINES THAT MANIFEST INJUSTICE WOULD RESULT IF THE AMENDMENT IS DISALLOWED. ____________________________________ Attorney for Plaintiff ______________________________________ Attorney for Defendant SO ORDERED: Dated:____________ s/ Stacey D. Adams 6 EXHIBIT LIST (Include Separate Lists for Joint Exhibits, Plaintiff’s Exhibits and Defendant’s Exhibits, each in chart form as demonstrated below) Exhibit No. Exhibit Name Objection Marked for Identification Moved into Evidence JOINT EXHIBITS PLAINTIFF’S EXHIBITS DEFENDANT’S EXHIBITS J-1 J-2 J-3 P-1 P-2 P-3 D-1 D-2 D-3 7