Magistrate Judge Consent Form; Sample HIPAA Order; Standing Order for Settlement Conferences; Settlement Term Sheet; Judge Weisman's Final Pretrial Order

=== Magistrate Judge Consent Form ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS Consent to Exercise of Jurisdiction By a United States Magistrate Judge Case Title Case Number: V. Assigned Judge: Designated Magistrate Judge: In accordance with the provisions of Title 28 U.S.C.§636(c), the undersigned party or parties to the above-captioned civil matter hereby voluntarily consent to have a United States Magistrate Judge conduct any and all further proceedings in this case, including trial, and order the entry of a final judgment. Should this case be reassigned to a magistrate judge other than the magistrate judge designated pursuant to Local Rule 72, the undersigned may object within 30 days of such reassignment. If an objection is filed by any party, the case will be reassigned to the district judge before whom it was last pending. ____________ Date By:______________________ ______________________________ Name of Party or Parties Signature ____________ Date By:______________________ ______________________________ Name of Party or Parties Signature ____________ Date By:______________________ ______________________________ Name of Party or Parties Signature ____________ Date By:______________________ ______________________________ Name of Party or Parties Signature Note: File this consent only if all parties have consented on this form to the exercise of jurisdiction by a United States magistrate judge.

=== Sample HIPAA Order ===

, , IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Case No. C v. Plaintiff, Defendant. QUALIFIED PROTECTIVE ORDER Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and 45 C.F.R. § 164.512(e)(1), the Court finds good cause for the issuance of a qualified protective order and ORDERS as follows: 1. The parties and their attorneys are hereby authorized to receive, subpoena and transmit “protected health information” pertaining to Plaintiff to the extent and subject to the conditions outlined herein. 2. For the purposes of this qualified protective order, “protected health information” shall have the same scope and definition as set forth in 45 C.F.R. § 160.103 and 164.501. Protected health information includes, but is not limited to, health information, including demographic information, relating to either (a) the past, present, or future physical or mental condition of an individual, (b) the provision of care to an individual, or (c) the payment for care provided to an individual, which identifies the individual or which reasonably could be expected to identify the individual. 3. All “covered entities” (as defined by 45 C.F.R. § 160.13) are hereby authorized to disclose protected health information pertaining to Plaintiff to attorneys representing the Plaintiff and Defendant in the above-captioned litigation. 4. The parties and their attorneys shall be permitted to use or disclose the protected health information of Plaintiff for purposes of prosecuting or defending this action including any appeals of this case. This includes, but is not necessarily limited to, disclosure to their attorneys, experts, consultants, court personnel, court reporters, copy services, trial consultants, and other entities or persons involved in the litigation process. 5. Prior to disclosing Plaintiff’s protected health information to persons involved in this litigation, counsel shall inform each such person that Plaintiff’s protected health information may not be used or disclosed for any purpose other than this litigation. Counsel shall take all other reasonable steps to ensure that persons receiving Plaintiff’s protected health information do not use or disclose such information for any purpose other than this litigation. 6. Within 45 days after the conclusion of the litigation including appeals, the parties, their attorneys, and any person or entity in possession of protected health information received from counsel pursuant to paragraph four of this Order, shall return Plaintiff’s protected health information to the covered entity or destroy any and all copies of protected health information pertaining to Plaintiff, except that counsel are not required to secure the return or destruction of protected health information submitted to the court. 7. This Order does not control or limit the use of protected health information pertaining to Plaintiff that comes into the possession of the parties or their attorneys from a source other than a “covered entity,” as that term is defined in 45 C.F.R. § 160.103. 8. Nothing in this Order authorizes counsel for the Defendants to obtain medical records or information through means other than formal discovery requests, subpoenas, depositions, pursuant to a patient authorization, or other lawful process. -2 9. This Order does not authorize either party to seal court filings or court proceedings. The Court will make a good cause determination for filing under seal if and when the parties seek to file Plaintiff’s protected health information under seal. E N T E R: Jeffrey T. Gilbert United States Magistrate Judge Dated: -3

=== Standing Order for Settlement Conferences ===

MAGISTRATE JUDGE M. DAVID WEISMAN 219 South Dearborn Street Chicago, IL 60604 Courtroom 1300 Chambers 1318 Telephone: (312) 435-5656 Web Site: http://www.ilnd.uscourts.gov Courtroom Deputy – Alyssia Owens Room 1320 (312) 408-5058 [email protected] STANDING ORDER FOR SETTLEMENT CONFERENCE The Court encourages the parties to fully explore settlement at the earliest reasonable opportunity in the case. Early consideration of settlement allows the parties to avoid substantial cost, expenditure of time, and distractions that are typically a part of litigation. For cases that cannot be resolved through settlement, early consideration of settlement often results in focusing and streamlining the issues to be litigated – which, again, can save the parties considerable time and money. Consideration of settlement is a serious matter and a settlement conference requires thorough preparation. This Order sets out the procedures the parties must follow in preparing for the settlement conference and the procedures that the Court typically will employ in conducting the conference. Counsel are directed to provide a copy of this Order to their clients and discuss these procedures with them prior to the settlement conference. INITIAL STATUS HEARING Judge Weisman will generally hold a status hearing to set the date for a settlement conference and dates for the exchange of pre-settlement conference letters. Counsel are required to attend the status hearing even if a date for a settlement conference has been previously arranged by counsel and the courtroom deputy. Judge Weisman strongly encourages parties to raise any requests to deviate from this Standing Order at the initial status hearing. SETTLEMENT CONFERENCE PREPARATION 1. PRE-SETTLEMENT CONFERENCE LETTERS. Settlement conferences are more likely to be productive if the parties have exchanged their settlement positions in writing before the conference. The parties’ settlement letters also provide the Court with information it needs to assist the parties in exploring settlement. Counsel should address all settlement letters to the opposing party or counsel, not to the Court. The Court expects these letters to be delivered on the dates set. Unless the Court sets a different schedule, plaintiff’s counsel must deliver plaintiff’s settlement letter to defendant’s counsel at least fourteen (14) days before the settlement conference, and defendant’s counsel must deliver defendant’s settlement letter to plaintiff’s counsel at least seven (7) days before the settlement conference. Both parties must also submit their respective to Judge Weisman’s proposed order box at [email protected] AND deliver a courtesy copy to the Court in chambers. As a reminder, please do not file copies of settlement letters in the Clerk’s Office or on the CM/ECF system. With the parties’ permission, the Court may engage in ex parte communications with one or more of the parties before the settlement conference to obtain additional information or clarification about that party’s settlement position. settlement letters 2. FORMAT AND LENGTH OF PRE-SETTLEMENT CONFERENCE LETTERS. Plaintiff’s letter should include at least the following information: a. A brief summary of the evidence and legal principles that plaintiff asserts will allow it to establish liability and defeat affirmative defenses, where applicable; b. A brief explanation of why damages or other relief would appropriately be granted at trial; c. An itemization of the damages plaintiff believes can be proven at trial and a brief summary of the evidence and legal principles supporting those damages; d. A settlement proposal that includes both monetary and any non-monetary relief requested; and e. Any additional information plaintiff believes would be helpful to the Court in assisting the parties to resolve the dispute. Defendant’s responsive letter should include at least the following information: a. Any points in plaintiff’s letter with which defendant agrees; b. Any points in plaintiff’s letter with which defendant disagrees, with references to supporting evidence and legal principles; c. A response to plaintiff’s settlement demand and a settlement counter-offer; and - 2 - d. Any additional information defendant believes would be helpful to the Court in assisting the parties to resolve the dispute. Persons attending the settlement conference should read the settlement letters exchanged between the parties prior to the conference. The Court recognizes that the complexity of issues affects the length of settlement letters. As a general rule, parties must limit settlement letters to no more than five (5) pages, exclusive of exhibits, unless they obtain leave of Court. 3. ATTENDANCE OF PARTIES REQUIRED. Unless the Court allows otherwise by separate order, parties with full settlement authority are required to attend the conference in person. If a party is an individual, that individual must attend in person. If a party is a corporation or governmental entity, a representative of that corporation or governmental entity (in addition to counsel of record) with full settlement authority must attend in person. “Full settlement authority” means the authority to negotiate and agree to a binding settlement agreement with the opposing party. If a party requires approval by an insurer to settle, then a representative of the insurer with full and complete settlement authority must attend unless the Court excuses such attendance in advance of the settlement conference. The Court strongly believes that the personal presence of the individuals with a stake in the outcome of the settlement conference and their participation in the “give and take” that occurs at the conference materially increases the chances of settlement. Thus, absent a showing of unusual or extenuating circumstances, the Court will not permit a party, party representative or an insurance representative merely to be available by telephone. 4. CONFERENCE FORMAT. The Court generally will follow a traditional mediation format, in which the Court initially meets with the parties together and then has private meetings with each side. The Court does not want the parties to prepare formal presentations about their case. Rather, the parties or their representatives should come to the settlement conference prepared to participate in interactive discussions. The Court encourages all parties to be willing to reassess their previous positions and explore creative means for resolving the dispute. For many settlement conferences, the Court will employ the “10% rule.” The rule operates as follows: During each negotiation round, the parties must collectively reduce the difference between the demand and offer by at least 10%. For example, if the plaintiff’s opening demand were $100,000, and defendant’s opening offer is $10,000. The difference between the demand and the offer is $90,000. In the next round of negotiation, between the plaintiff’s adjusted demand, and defendant’s adjusted offer, the parties must collectively move at least $9,000 (10% x $90,000). Therefore, if plaintiff’s demand in the next round of negotiation is $90,000, the 10% rule has been satisfied as the overall movement between the two parties has met or exceeded $9,000 (10% of the last round’s difference). Here is another example of the rule in operation: Plaintiff Original Demand: Defendant’s Original Offer: 10% Rule Movement: $200,000 $10,000 $19,000 ($190,000 x 10%) - 3 - Next Round: Plaintiff’s Revised Demand: $195,000 Defendant must move up at least $14,000 to satisfy the 10% rule ($19,000 less $5,000 (plaintiff’s movement . If the parties have collectively not moved the required 10%, the Court will give each side an opportunity to adjust their respective positions in order to satisfy the 10% requirement. If the 10% rule cannot be satisfied by the parties’ collective movements, the Court will terminate the settlement conference. 5. CONFIDENTIALITY. The pre-conference letters and the settlement conference are governed by Federal Rule of Evidence 408 and Local Rule 83.5 relating to Confidentiality of Alternative Dispute Resolution Proceedings. The Court expects the parties to address each other with courtesy and respect, but also to speak frankly and openly about their views of the case in this confidential setting. 6. MEDICARE AS SECONDARY PAYER. If a party has received or will be receiving conditional payments from Medicare to pay for treatment related to this case, he/she must bring a conditional payment letter from Medicare to the settlement conference. A party may access his/her payments directly by logging on to his/her MyMedicare.gov account. Counsel may request a conditional payment letter at: https://www.cob.cms.hhs.gov/MSPRP/assets/msprp/case/CondPymtLetter.htm but must pre- register to do so by submitting proof of representation or consent to release of information. Parties should expect Medicare to demand at least 60% of its conditional payments to resolve the case. 7. TOPICS FOR THE SETTLEMENT CONFERENCE. The parties and their counsel should consider and be prepared to discuss the following topics, among others, at the settlement conference: a. What are your objectives in the litigation? b. What are the strengths and, just as important, the weaknesses of your case? c. Do you understand the opposing side’s view of the case? What is wrong with their perception? What is right with their perception? d. What are the points of agreement and disagreement between the parties? Factual? Legal? e. Does a settlement require the participation or input of a third party not a party to the case? f. Are there any impediments to a settlement that are not discussed in the parties’ settlement letters? g. If the party hoping to prevail at trial does prevail, what remedy (i.e., damages, injunctive relief, statutory award or penalty, attorneys’ fees, interest) does the law allow? h. Are there possibilities for creative resolution of the dispute? - 4 - i. Have you considered how to deal with any outstanding liens? 8. SETTLEMENT TERM SHEET. If a settlement is reached, the Court will require the parties to complete a settlement term sheet unless the parties provide their own. The parties should review the term sheet (available here: Settlement Term Sheet) prior to the settlement conference so that they are familiar with the most common issues raised in finalizing a settlement. ANY PARTY WHO WISHES TO VARY FROM THE PROCEDURES SET FORTH IN THIS STANDING ORDER SHOULD MAKE AN APPROPRIATE REQUEST TO THE COURT PRIOR TO THE EXCHANGE OF SETTLEMENT LETTERS DESCRIBED ABOVE. ENTER: M. DAVID WEISMAN United States Magistrate Judge Dated: October 25, 2019 - 5 -

=== Settlement Term Sheet ===

SETTLEMENT TERM SHEET CASE NAME: CASE NO. CV vs. DATE: A. PAYMENT OF MONEY 1. To: From: 2. Total amount to be paid: $ 3. When: 4. Payment terms (e.g., to whom checks will be written, number of payments, payment schedule, etc.): 5. Does payment include attorney’s fees? Yes or No 6. Any third-party liens to be paid from proceeds? Yes or No a. If yes, to whom: 7. Tax Treatment: B. SELECT A RELEASE OPTION Q Release (relinquishment of a right) OR Q Covenant Not to Sue (agreement not to sue) Choose one of the following: a. One Way from Plaintiff(s) to Defendant(s), or b. Mutual Scope of Release: a. General Release 1. All claims raised in the litigation, or 2. All existing claims, whether or not raised in the litigation. OR b. Limited Release: Scope of Covenant Not to Sue: Exceptions to Covenant Not to Sue: Other Covenant Not to Sue Terms: C. CONFIDENTIALITY 1. Settlement agreement to be confidential: Yes or No 2. Mutual: Yes or No 3. What can be said about litigation? a. b. c. Dispute amicably resolved Nothing Other: 4. Exceptions to confidentiality? a. b. c. d. e. Attorneys Tax advisors Immediate family As otherwise required by law Other: 5. Liquidated damages in event of breach of confidentiality agreement: Yes or No a. Amount (Not too large to avoid being a penalty): $ D. OTHER SETTLEMENT TERMS 1. No admission of liability. 2. E. EMPLOYMENT CASES ONLY 1. Ability to reapply: Yes or No 2. Type of reference: F. CONFIRMING AND DOCUMENTING SETTLEMENT 1. Do parties wish to place settlement terms on the record? Yes or No 2. Will there be a further typed settlement agreement? Yes or No If yes: a. Who will prepare the typed settlement agreement? b. The draft will be sent to other parties on or before c. Other parties to respond with changes, if any, by d. Typed settlement agreement to be executed on or before e. Will the typed agreement be filed in court? f. Other terms regarding documenting settlement: NOTE: The parties agree that this settlement term sheet expresses all the material terms and is a binding settlement whether or not a further typed settlement agreement is drafted, and whether or not all of the parties sign a typed settlement agreement. G. DISMISSAL OF LITIGATION AND ENFORCEMENT OF AGREEMENT: 1. State any exceptions to complete dismissal (any claims or counterclaims, third-party claims, etc. that have not been settled): Note: If no exceptions are listed, the entire case, including any claims and counterclaims, will be dismissed with prejudice. 2. Circle one of the following to indicate the form of the dismissal order: a. Immediate dismissal without prejudice that automatically converts to a dismissal with prejudice on motion to reinstate, a motion to enforce the parties’ settlement agreement, or a motion for additional time to file a motion to reinstate or a motion to enforce the settlement agreement. (Court cannot enforce agreement after dismissal with prejudice is entered.) unless prior to that date a party files a (Recommended in the Seventh Circuit where parties desire Court to retain jurisdiction until all settlement terms are fulfilled.) b. Dismissal with prejudice to be entered on . (Court cannot enforce agreement after that date. Choose date that allows sufficient time to execute written agreement and fulfill obligations or set a status date for presentation of an agreed order of dismissal.) c. Dismissal with prejudice to be entered after the parties have filed a stipulation to dismiss pursuant to settlement. (The Court will set a telephonic status hearing in the future (usually 30 days out) but it will be cancelled if the parties file a stipulation to dismiss prior to this date.) H. I. DO PARTIES CONSENT TO MAGISTRATE JUDGE JURISDICTION? Yes or No DO PARTY REPRESENTATIVES HAVE FULL AUTHORITY TO ENTER INTO SETTLEMENT AGREEMENT? Yes or No Identify party representatives and their titles: If a party is a governmental entity or welfare/benefit fund, state any steps to ratifying the agreement and the dates when those steps will be taken: J. SIGNATURES (or parties and counsel): AGREED TO: AGREED TO: K. NEXT COURT DATE TO REPORT ON SETTLEMENT: _____________________

=== Judge Weisman's Final Pretrial Order ===

MAGISTRATE JUDGE M. DAVID WEISMAN 219 South Dearborn Street Courtroom 1300 Chambers 1318 Chicago, IL 60604 (312) 435-5656 PREPARATION OF FINAL PRETRIAL ORDER FOR CIVIL CASES BEFORE JUDGE WEISMAN The parties shall jointly prepare and submit a Final Pretrial Order on the date set containing the following components, unless otherwise ordered by the Court. An original and one copy of the Final Pretrial Order shall be delivered to chambers. Contents of the Pretrial Order 1. Jurisdiction. A concise statement of the basis for federal subject matter jurisdiction, and if jurisdiction is disputed, the nature and basis of the dispute. 2. Trial Attorneys. A list of the attorneys trying the case that includes their business and cell phone numbers and email addresses. 3. Case Statement. A concise joint statement of the case that includes the nature of the case; the claims, counterclaims and cross-claims; and the defenses raised to those claims. In a jury case, this statement will be read to the jury during voir dire. 4. Relief Sought. An itemization of the damages and other relief sought. 5. Witnesses. A list of names and addresses of all witnesses, including experts: (a) who will be called; (b) who may be called; and (c) whose testimony will be presented by deposition or other prior testimony (indicating whether the presentation will be by transcript or video). In a jury trial, this list will be read to the jury during voir dire. Any witness not listed in the Pretrial Order will be precluded from testifying absent a showing of good cause, except that each party reserves the right to call such rebuttal witnesses (who are not presently identifiable as rebuttal witnesses) as may be necessary. a. Objections. A statement of any objections to the calling of any witness, including expert witnesses. Objections not made in the Pretrial Order will be deemed waived absent a showing of good cause. If the objection is the subject of a motion in limine, the Pretrial Order may simply refer to the motion and need not repeat the grounds stated in the motion. b. Depositions and Other Prior Testimony. For witnesses who will be presented by deposition or other prior testimony, the Pretrial Order must include for each such witness a chart containing the following information: (a) the testimony that each side seeks to present, by page and line number; (b) a concise statement of objections to any testimony and the basis for the objections with appropriate citations to evidentiary rules or case law; and (c) a concise statement of the asserted basis of admissibility with appropriate citations to evidentiary rules or case law. Objections not made in the Pretrial Order will be deemed waived absent a showing of good cause. If the Court will be asked to rule upon objections, a copy of the deposition is to be provided with the Pretrial Order. 6. Exhibits. A schedule of all exhibits a party may introduce at trial, as well as any demonstrative exhibits or evidence, identified by trial exhibit number, with a brief description of each exhibit. Joint exhibits should be denominated “JX,” plaintiff’s exhibits, “PX,” and defendant’s exhibits, “DX.” Any exhibit not listed in the Pretrial Order will be excluded from evidence absent a showing of good cause. a. Objections. A statement of any objections to each exhibit. Objections not made in the Pretrial Order will be deemed waived absent a showing of good cause. The parties should follow a similar format for objections and asserted bases of admissibility to that outlined above for deposition or other prior testimony designations. b. Exhibits to Be Displayed to Jury. If an exhibit is to be displayed to the jury, the party intending to display the exhibit must make sufficient copies for all jurors or must use an enlargement or projection of the exhibit. c. Copies for Court. A bench book of each party’s exhibits is to be delivered to the Court at or before the start of trial. 2 7. Type and Length of Trial. A statement of whether the trial will be a bench trial or jury trial, and a realistic estimate of the length of the trial. 8. Proposed Findings and Conclusions. For a bench trial, proposed findings of fact and conclusions of law. The parties shall confer about proposed findings of fact and law as to which they agree and submit those to the Court. Each party also shall submit its separate proposed findings of fact and conclusions of law. Proposed findings of fact and conclusions of law are to be in Word and included both in the written Pretrial Order and in electronic form (emailed to the Proposed Order box). 9. Proposed Voir Dire Questions. For a jury trial, proposed voir dire questions. Judge Weisman often uses a written questionnaire as the initial basis for voir dire. Counsel will be given copies of the completed questionnaires before jury selection begins. Judge Weisman may also pose additional voir dire questions in open court that are not suitable for the questionnaire. The parties should include any particular voir dire questions they want asked in the Pretrial Order. If any question proposed by an opposing party is objected to, the objection should be noted in the Pretrial Order. 10. Proposed Jury Instructions. For a jury trial, proposed jury instructions are to be in Word and included both in the written Pretrial Order and electronic form (emailed to the Proposed Order Box). When there is a Seventh Circuit pattern jury instruction on point, that instruction should be used absent a good reason for not doing so. a. Agreed Instructions. The parties are directed to confer and agree upon jury instructions to the extent possible prior to the submission of the jury instructions to the Court. Agreed proposed instructions should be marked as such and shall be numbered consecutively. b. Disputed Instructions. Proposed instructions that are not agreed shall be numbered, shall identify the proponent of the instruction, and shall include supporting authority. Objections to any proposed instructions must be set forth in writing and shall include supporting authority. 11. Stipulations. A listing of any stipulations agreed to by the parties, including stipulations regarding the presentation or admissibility of evidence. 3 12. Settlement Status. A statement summarizing the current status of settlement negotiations and whether the parties believe a pretrial settlement conference would be productive. 13. Trial Briefs. Trial briefs are required as part of the Pretrial Order in bench trials. Ordinarily, Judge Weisman will not accept trial briefs in a jury trial, unless he has granted a prior motion to file such a brief or ordered the filing of a trial brief sua sponte. Any trial briefs shall be limited to 15 pages without leave of court. Motions in Limine The Court will set a schedule for the filing of motions in limine when it sets dates for the filing of the Pretrial Order. These motions and responses should not be bound with the Pretrial Order. They should be filed separately on the CM/ECF system. Two courtesy copies of any motions in limine shall be delivered to chambers in accordance with the Local Rules. Judge Weisman discourages the filing of “boilerplate” motions in limine or motions that address matters not in dispute. Any motion in limine filed by a party must be accompanied by a statement that the party has conferred with the opposing party and has determined that the matter upon which a ruling is sought is actually in dispute – that is, that the opposing party intends to offer the evidence that the movant seeks to exclude. If the meet-and-confer process results in agreement that certain matters are inadmissible, that agreement should be memorialized in a stipulation to be provided to Judge Weisman in the Pretrial Order (see paragraph 11 above) or at the final pretrial conference. Daily/Expedited Transcript and Real-Time Reporting Any requests for daily or other expedited transcripts and real-time reporting must be made at least seven days prior to trial so that an appropriate court reporter can be assigned to the trial. Evidence Projection Systems The Court has a limited number of evidence projection systems which may or may not be available depending on how early a request is made. Any such request should be made to Judge Weisman’s Courtroom Deputy. Parties will be permitted to use their own projection systems (upon reasonable terms) if a request is made in advance of trial. Instructions for Compiling Final Pretrial Order Plaintiff’s counsel has the responsibility to prepare the initial draft of the Pretrial Order and must provide a draft to defendant’s counsel no later than twenty-one days before the date the Pretrial Order is due. Defendant’s counsel must respond in writing to 4 plaintiff’s draft by no later than fourteen days before the Pretrial Order is due, including any objections, changes, and additions to plaintiff’s draft, as well as defendant’s portions of the draft Pretrial Order (e.g., defendant’s witness list, exhibit list, and objections to exhibits and deposition or other prior testimony listed by plaintiff). The parties must meet and confer by no later than seven days before the Pretrial Order is due to discuss their respective drafts and to reach agreement to the extent possible. These dates may be varied only by written agreement of the parties or by order of the Court. Following the meet-and-confer process, it is the responsibility of plaintiff’s counsel, with full cooperation from defendant’s counsel, to assemble the Pretrial Order for submission. The Pretrial Order should be filed on the CM/ECF system with a cover page with the case caption and the title FINAL PRETRIAL ORDER. The cover document must: (a) recite that each of the foregoing categories of materials is included, (b) state that “This Order will control the course of trial and may not be amended except by consent of the parties, or by order of the Court to prevent manifest injustice,” and (c) provide spaces for the signature of counsel for each of the parties and the Court. Pretrial Conferences Often, the Court will hold an initial pretrial conference with lead trial counsel to discuss case theories, trial plan, anticipated motions in limine and other pretrial matters. The purpose of this conference is to address issues that can be resolved easily and to provide the Court with a better sense of the case, particularly when Judge Weisman was not involved substantially in pretrial proceedings. The Court will set a date for the final pretrial conference at least three weeks before trial. The purpose of this conference is to avoid surprises and to simplify the trial. At the conference, Judge Weisman will address (1) pending motions in limine, (2) objections to witnesses and exhibits, (3) contested jury instructions, and (4) trial procedures and scheduling. Lead trial counsel fully prepared and with authority to discuss all aspects of the case must attend. The parties need not attend the pretrial conference unless settlement will be discussed at the conference. The parties, however, are welcome to attend the pretrial conference with their attorneys, if they wish to do so. SO ORDERED. M. David Weisman United States Magistrate Judge 5