Hon. Magistrate James E. Grimes Jr. · U.S. District Court for the Northern District of Ohio
=== Mediation Scheduling Order ===
IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION ______________, CASE NO. _________ Plaintiff, DISTRICT JUDGE vs. ______________, Defendant. MAGISTRATE JUDGE JAMES E. GRIMES JR. MEDIATION SCHEDULING ORDER (updated 11/14/2025) A mediation conference will be held in the above-captioned case at _____, in Courtroom 11A of the Carl B. Stokes Courthouse, 801 West Superior Avenue in Cleveland, Ohio, 44113, before the Honorable James E. Grimes Jr., United States Magistrate Judge. All parties and their lead counsel are ORDERED TO APPEAR at that time. The following rules and procedures will apply. THE PARTIES MUST READ THIS ORDER IN ITS ENTIRETY, INCLUDING SECTION 10, BELOW. plaintiff’s counsel—or settlement conference, 1. Pre-conference exchange of a demand and an offer. At least 14 days before if the unrepresented—must submit a written itemization of damages and settlement demand to defendant’s counsel with a brief explanation of why such a settlement is appropriate. The demand should include a description of attorney’s fees and a discussion of relevant facts and applicable law. No later than 10 days before the settlement conference, defendant’s counsel must submit a written offer to plaintiff’s counsel with a brief explanation of why such a settlement is appropriate. Defendant’s offer should similarly include a discussion of relevant facts and applicable law. plaintiff No later than 7 days before the mediation, counsel for each party must email counsel for the other parties to report the names of the people who will be attending the mediation with counsel. 2. Settlement position statements. At least 7 days before the settlement conference, each party must provide the Court with an ex parte settlement 1. The statements position statement. Plaintiff’s statement must include as attachments, copies of the parties’ written settlement proposals exchanged under to section [email protected]. The parties should NOT send these statements their opponents. DO NOT file a settlement position statement with the Court through CM/ECF. The statements will not become a part of the file of the case and will be for the exclusive use of the Magistrate Judge in preparing for the mediation conference. Unless the Court grants leave, a settlement position statement may not exceed ten pages in length. e-mailed should be Settlement position statements must provide the current status of settlement negotiations, a summary of the parties’ respective positions, applicable law, and an outline of factual and damage allegations. As these ex parte statements will be treated as confidential and will not be docketed, they should include a realistic statement of the party’s settlement position. The parties are encouraged to be candid in their statements. 3. Mandatory attendance of parties and counsel. All named individuals, authorized representatives of any named corporate, governmental, or other entity, and lead counsel for each party must personally attend the conference. Persons with ultimate settlement authority must be personally present even if represented by counsel. Ultimate settlement authority means the authority to settle up to the full amount of the other side’s demand. In the case of a corporate party, the individual attending the conference must be a corporate employee with full authority to settle the matter and bind the company up to the value of the opposing party’s or parties’ claims. A governmental entity must send a representative authorized to act on its behalf and to bind the governmental entity up to the value of the opposing party’s or parties’ claims. If the settlement decision will be made in whole or in part by an insurer, a representative of the insurer with full and complete authority to bind the company up to the value of the opposing party’s or parties’ claims must attend in person. It is not acceptable for a client with authority to be available only by telephone, except under the most extenuating circumstances. Extenuating circumstances do not include ordinary travel expenses or inconvenience. Because the Court and the parties invest significant resources in these conferences, the failure of a party, counsel, or persons with ultimate settlement authority to appear in person may result in sanctions, including payment of fees and costs of other parties who do attend the conference. 4. Statements inadmissible. The Court expects the parties to address each other with courtesy and respect. Parties are encouraged to be frank and open in their discussions. Consistent with the Federal Rules, statements made by 2 any party during the settlement conference are inadmissible at trial and will not be used in discovery. 5. Mediation format. The settlement conference will begin with a joint session in Courtroom 11A, during which Judge Grimes will discuss how the mediation will proceed. If a party’s counsel deems it appropriate, counsel may offer brief opening remarks directed to the opposing party of no more than five minutes. The parties are cautioned that opening remarks, particularly if inflammatory, are not beneficial. If counsel chooses, counsel’s client may have up to five additional minutes to speak. After this initial session, the Court will hold separate, private discussions with each side. The Court expects counsel and the party representatives to be fully prepared to participate. The Court encourages all parties to keep an open mind to reassess their positions and to find creative ways to resolving the dispute. Do not bring evidence to the mediation unless the evidence has been shared with opposing counsel. 6. Defendant’s financial situation. If a defendant intends to claim that defendant is insolvent, the defendant must inform plaintiff(s) of this fact no later than 14 days before the conference. The parties should then discuss whether plaintiff(s) will seek proof of defendant’s claim and whether the defendant is willing to provide such proof, which must be provided at least three days before the conference. A summary of any discussions on this topic should be included in the parties’ settlement position statements. 7. Client involvement. Counsel should give their clients a copy of this order and must discuss with them the points contained in it before the mediation conference. Counsel should remind their clients that although mediation proceedings are somewhat informal, the Court expects all participants to treat each other with courtesy and respect. 8. Motions to reschedule. Do not phone or email chambers to ask to reschedule a mediation conference. Any request to reschedule mediation proceedings must be presented in a written motion, filed as soon as counsel is aware of the need to reschedule. Absent exceptional circumstances, a motion to reschedule must be filed no less than seven days before the conference’s scheduled date. Before moving to reschedule a mediation conference, the moving party—or parties, if it is a joint motion— must confer with opposing counsel and propose at least three alternative dates that are agreeable to all participants. A request that does not comply with the above provisions will be denied. 3 A request to hold the mediation conference by video, rather than in-person, must be made by joint motion showing good cause. “Good cause” does not include ordinary travel expenses or inconvenience to appear in person. 9. Miscellaneous. A party’s motion for leave to be excused from following any requirement in this order must be filed at least 14 days before the scheduled mediation conference. Such a request must be presented in a written motion. The party’s motion must state whether the opposing party or parties object to the motion and whether they intend to respond. Do not phone or email chambers to seek leave to be excused from the requirements of this order. 10. Acknowledgment statement. Each party must attach to the party’s settlement position statement an “Acknowledgment Statement.” The Acknowledgment Statement must acknowledge that (1) counsel has read and understands this order, (2) counsel, counsel’s client or client representative, and any relevant decisionmaker will attend the mediation conference at the date, time, and place listed in this order, and (3) the attending client or client representative—and insurer representative, if applicable—has full settlement authority up to the amount of the opposing party’s or parties’ claims. The Acknowledgment Statement should include the names of all individuals who will attend the conference with counsel. James E. Grimes Jr. U.S. Magistrate Judge 4
=== Rule 56 Procedure in consent cases ===
Rule 56 Procedure in consent cases The following procedures do not apply to any case filed by a pro se prisoner. In all other civil cases in which the parties have consented under 28 U.S.C. § 636(c) and Federal Rule of Civil Procedure 73 to the exercise of jurisdiction by Magistrate Judge Grimes, the following procedures will apply to motions for summary judgment under Federal Rule of Civil Procedure 56. The requirements of Local Rule 7.1, including the deadlines in Rule 7.1(d) and (e) and the memoranda length limitation in Rule 7.1(f), apply to any memorandum of law filed under these procedures. 1. Summary judgment procedures followed by Judge Grimes 1.1. Moving Party. Before moving for summary judgment under Federal Rule of Civil Procedure 56, the movant must confer with that party’s opponent and prepare a joint statement of stipulated facts. The movant must file the joint statement of stipulated facts with the motion for summary judgment. When moving for summary judgment under Federal Rule of Civil Procedure 56, the moving party must serve and file— (a) a supporting memorandum of law that complies with 1.7, below; and (b) a separate, short and concise statement of material facts that complies with 1.4, below, and that attaches the cited evidentiary material. Failure to comply with 1.1(a) and (b) may be grounds for denial of the motion. 1.2. Opposing Party. Each party opposing a summary judgment motion must serve and file— (a) a supporting memorandum of law that complies with 1.7, below; (b) a response to the 1.1(b) statement of material facts that complies with 1.5, below and that attaches any cited evidentiary material not attached to the 1.1(b) statement of material facts; and (c) if the opposing party wishes to assert facts not set out in the 1.1(b) statement of material facts or the 1.2(b) response, the party must serve and file a separate, short and concise statement of additional material facts that complies the statement-of-material facts requirement described in 1.4, below, and that attaches any cited evidentiary material not attached to the 1.1(b) statement or 1.2(b) response. 1.3. Moving Party’s Reply. After an opposing party files its materials under 1.2, the movant must serve and file— (a) a reply memorandum of law that complies with 1.7; and (b) a response to the 1.3(c) statement of additional material facts— if any—that complies with 1.5, below and that attaches any cited evidentiary material not attached to the 1.1(b) statement, the 1.2(b) response, or the 1.2(c) statement. 1.4. Statement of Material Facts. (a) Each 1.1(b) statement of material facts and 1.2(c) statement of additional facts must consist of short and concise numbered paragraphs. Subparagraphs are not permitted. (b) Each asserted fact must be supported by citation to the specific evidentiary material, including the specific page number, that supports it. The court may disregard any asserted fact that is not supported with this required, specific citation. (c) All evidentiary material identified in 1.1(b) and 1.2(c) citations must be included as exhibits with the statements of fact. Exhibits should be given descriptive names to aid in their identification (e.g., “John Doe Deposition;” or “Jane Doe Affidavit”). (d) Neither the 1.1(b) statement of material facts nor the 1.2(c) statement of additional facts may contain legal argument. (e) A movant’s 1.1(b) statement of material facts must not exceed 80 numbered paragraphs. An opposing party’s 1.2(c) statement of additional facts must not exceed 40 numbered paragraphs. A party must seek leave before exceeding these limits. 1.5. Response to Statement of Facts. (a) Each 1.2(b) and 1.3(b) response must consist of numbered paragraphs corresponding to the numbered paragraphs in the 1.1(b) or 1.2(c) statement, respectively, and must attach the evidentiary material identified in 1.2(b) and 1.3(b), respectively. Each paragraph must set forth the text of the asserted fact—including its citations to the supporting evidentiary material—and then must set forth the response. 2 (b) Each response must admit the asserted fact, dispute the asserted fact, or admit in part and dispute in part the asserted fact. To the extent possible, admitted facts should be included in the joint statement of stipulated facts filed under 1.1, above. If the response admits in part and disputes in part the asserted fact, it must specify which part of the asserted fact is admitted and which part is disputed. A response may not set forth any new facts. A response may not assert legal arguments except to make an objection, including objections based on admissibility, materiality, or absence of evidentiary support. A party’s response brief or reply brief is the appropriate place to argue that a party’s opponent has included objectionable or immaterial evidence or argument in a submission under these procedures. (c) To dispute an asserted fact, a party must cite specific evidentiary material that controverts the fact and must concisely explain how the cited material controverts the asserted fact. Merely disagreeing with the movant’s asserted facts without referencing specific supporting material is insufficient to dispute an asserted fact. Asserted facts may be deemed admitted if not controverted with specific citations to evidentiary material. 1.6. Reply in Support of Statement of Facts. No reply to a 1.2(b) or 1.3(b) response is permitted without leave. The moving party may use its reply memorandum of law to respond to an evidentiary or materiality objection raised in a 1.2(b) response. The opposing party must seek leave for a supplemental filing to respond to an evidentiary or materiality objection raised in a 1.3(b) response. 1.7. Memorandum of Law. Each memorandum of law must set forth legal argument in support of or opposition to summary judgment and may include a statement of facts. When addressing facts, the memorandum must cite directly to specific paragraphs in the statements or responses filed under these procedures. The length limitation in Local Rule 7.1(f) applies to any memorandum of law filed under these procedures. 2. Procedures in cases in which any party is unrepresented by counsel Any party that moves for summary judgment against an unrepresented party must serve the unrepresented party with its summary judgment papers and separate copies of (1) the Summary judgment procedures followed by Judge Grimes as set out in section 1, above, and (2) the Notice to Unrepresented Litigants Opposing Summary Judgment, set out below. The moving party must also file the Notice with a certificate of service. For purposes of these procedures only, an unrepresented party will be considered to represented by counsel if that party is a licensed attorney. 3 Notice to Unrepresented Litigants Opposing Summary Judgment BE SURE TO READ THIS ENTIRE DOCUMENT The defendant has moved for summary judgment against you. That makes the defendant the “movant” and you the “nonmovant.” By moving for summary judgment, the defendant has asked the Court to decide this case without a trial, based on written materials, including affidavits, submitted in support of the motion. THE CLAIMS YOU ASSERT IN YOUR COMPLAINT MAY BE DISMISSED WITHOUT A TRIAL IF YOU DO NOT RESPOND TO THIS MOTION ON TIME by filing sworn affidavits or other documents as required by Rule 56(c) of the Federal Rules of Civil Procedure and by the Summary judgment procedures followed by Judge Grimes. The full text of the Summary judgment procedures followed by Judge Grimes is attached. When moving for summary judgment, the defendant must serve on you and file: (1) a statement of facts, which is a list of the facts the defendant thinks are true and undisputed; (2) the evidence that supports those facts; and (3) a memorandum of law that makes a legal argument about why the defendant wins based on the law and the facts. There are rules that both lawyers and people without lawyers must follow in moving for or opposing summary judgment. If you do not follow the rules, then the judge may not consider your facts or your arguments. This notice is meant to help explain the summary judgment process to you. If you have more questions, you should consult the Court’s Handbook for Pro Se Litigants, https://www.ohnd.uscourts.gov/sites/ohnd/files/ProSeGuide.pdf. What You Should File Rule 56 provides that you may NOT oppose summary judgment simply by relying upon the allegations in your complaint. Rather, to oppose a motion for summary judgment, you must submit evidence, such as witness statements or documents, countering the facts asserted by the defendant and raising specific facts that support your claim. If you have proof of your claim, now is the time to submit it. Any witness statements must be in the form of either affidavits or declarations made under penalty of perjury under 28 U.S.C. § 1746. An affidavit, which must be signed and notarized, is a sworn statement of fact based on personal knowledge stating facts that would be admissible in evidence at trial. A declaration need only 4 be signed and include the following language from 28 U.S.C. § 1746: “I declare under penalty of perjury that the foregoing is true and correct. Executed on [insert date]. [Signature].” You may submit your own affidavit/declaration and/or the affidavits/declarations of others. You may submit affidavits or declarations that were prepared specifically in response to defendant’s motion for summary judgment. If you do not respond to the motion for summary judgment on time with affidavits/declarations and/or documents contradicting the material facts asserted by the defendant, the Court may accept defendant’s facts as true. Your case may then be dismissed and judgment may be entered in defendant’s favor without a trial. To respond to the summary judgment motion, you must file, as separate documents: • a response to the defendant’s statement of material facts (see Section 1, below); • a statement of additional facts, if you want the judge to consider facts not included in the defendant’s statement of material facts or your response to the defendant’s statement (see Section 2, below); • the evidentiary material that supports your response to the defendant’s statement of facts and any statement of additional facts (the material should be labeled as exhibits); and • a memorandum of law that explains why the defendant is not entitled to summary judgment based on the facts and the law (see Section 3, below). More details about these documents are below. If you do not respond to the defendant’s summary judgment motion by the deadline the judge gives you, the judge may rule on the motion based solely on what the defendant has to say. Even if you file your own summary judgment motion, you still must respond to the defendant’s summary judgment motion. 1. Response to Defendant’s Statement of Facts The defendant has listed what it thinks are undisputed facts in a series of short paragraphs. This document is called a “statement of facts.” For each fact, the defendant must point to evidence—such as affidavits, deposition transcripts, recordings, and other documents—that the fact is true. 5 You must respond to each of the defendant’s facts, paragraph by paragraph. If you do not respond to a fact asserted by the defendant, the judge may decide that you have admitted that the fact is true. Here is how you can respond to a fact asserted by the defendant: (a) Admit it. If you agree with a fact, write “Admitted.” If you admit a fact in your response, you cannot later deny that fact in your statement of additional facts or in your legal argument. (b) Dispute it. If you think that a fact is not supported by the evidentiary material cited by the defendant, you should write “Disputed” and then briefly explain why you dispute the fact and cite the specific page(s) of evidence that supports your position. If your response cites evidence that the defendant did not submit, you must include that additional evidence in an appendix filed and served along with your response. For example, if the defendant asserts that the traffic light was red at a particular time and supports that assertion with an affidavit, and if you believe that the light was green at that time, you can dispute the asserted fact and cite to evidentiary material (such as an affidavit, declaration, or deposition testimony) that supports your view that the light was green. (c) Object to evidence that the defendant submitted. If you would like to object to a particular piece of evidence cited in the defendant’s statement of facts—for example, because it is not relevant or is hearsay—you should briefly explain your objection. When addressing facts, the memorandum must cite directly to specific paragraphs in the statements or responses filed under the Summary judgment procedures followed by Judge Grimes. If you both disagree with a fact and object to the evidence that the defendant cites to support that fact, then your response to that fact should explain both your denial of the fact and your objection. If you object to the defendant’s evidence but do not deny the fact, and the judge overrules your objection, then the judge may consider you to have admitted the fact. Do not include the following things in your response to statements of fact: 6 New facts. To state new facts, meaning facts that are not fairly responsive to the defendant’s asserted facts, list them in your separate statement of additional fact (see Section 2, below). Legal arguments. Legal arguments must be made in your brief (see Section 3). The one exception is for arguments in support of legal objections (for example, hearsay) to the evidentiary material cited by the defendant. 2. Statement of Additional Facts If you want the judge to consider new facts—meaning facts other than those in the defendant’s statement of facts or your response to the statement of facts—you must submit a statement of additional facts as a separate document from your response to the defendant’s statement. If you do not submit a statement of additional facts, the judge may consider only the asserted facts in the defendant’s statement of facts and any facts in your response to the defendant’s statement of facts that are fairly responsive to the defendant’s asserted facts. Your statement of additional facts should be organized into short, numbered paragraphs with no more than one fact in each paragraph. Unless you get permission from the judge, your statement of additional facts must not have more than 40 numbered paragraphs. You must support each fact with a citation to a specific piece of evidence that supports it. For example, you might cite a particular page of a deposition transcript, a particular paragraph of an affidavit, or a timestamp on a recording. You can cite the evidence that the defendant submitted with its statement of material facts to support your statement of additional facts. You can also cite your own evidence that the defendant did not submit, but you must file and serve that evidence along with your statement of additional facts. If you want to submit evidence of your own testimony (other than a deposition transcript), you should prepare an affidavit or declaration, which sets forth facts you know to be true based on your personal knowledge. The defendant will have an opportunity to respond to your statement of additional facts. 3. Memorandum of Law The defendant has submitted a legal memorandum explaining why it should win the case on summary judgment based on its statement of facts and governing law. You must answer that brief by filing a memorandum that responds to the defendant’s arguments and explains why the defendant should not win the case 7 on summary judgment. Your memorandum should be separate from your response to the defendant’s statement of facts and your statement of additional facts. Your memorandum should explain why the defendant is not entitled to summary judgment. If you do not make a legal argument in your memorandum, you may lose the opportunity to make that argument on appeal. You can argue that because you and the defendant disagree on important facts, there needs to be a trial to decide which of you is right about those facts. You can also explain why the defendant’s legal arguments are wrong based on the law or based on the facts that you disputed in your response and/or that you included in your statement of additional facts. 4. Federal Rule of Civil Procedure 56 and these procedures Summary judgment is governed by Federal Rule of Civil Procedure 56, and Judge Grimes also has certain requirements that are described in the Summary judgment procedures followed by Judge Grimes, which is attached as a separate document. Section 1.1 of the Summary judgment procedures followed by Judge Grimes explains what someone seeking summary judgment must submit, and Section 1.2 explains what you need to do to oppose summary judgment. Reading this Notice is not a substitute for reviewing Federal Rule of Civil Procedure 56 and the Summary judgment procedures followed by Judge Grimes. You should be familiar with both before you prepare your opposition to summary judgment. 8
=== Social Security Initial Order ===
IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION _________________, CASE NO. Plaintiff, DISTRICT JUDGE vs. COMMISSIONER OF SOCIAL SECURITY, MAGISTRATE JUDGE JAMES E. GRIMES JR. Defendant. SOCIAL SECURITY INITIAL ORDER Plaintiff brings this action under 42 U.S.C. § 405(g). It is before this Court either for entry of a Report and Recommended Decision or, upon consent of the parties, for entry of final judgment. I ORDER the following: Plaintiff’s Mandatory Notice to the Government 1. Plaintiff’s counsel must (a) immediately email the case name, case number, and Plaintiff’s social security number to the United States Attorney’s Office [email protected] and [email protected], and (b) file notice of the disclosure with the Court, as required by Local Rule 9.1. Answer and Transcript 2. Within 60 days after notice of the complaint is sent by CM/ECF, Defendant must file the certified administrative record. No extensions will be granted beyond this 60-day period unless defendant shows good cause. Under Federal Rule of Civil Procedure 5.2(b)(2) and (5) and Local Rule 8.1(d), transcripts of the administrative record are not available online and may be filed without redaction. Plaintiff’s Brief on the Merits 3. Within 45 days1 of the filing of the answer and transcript, Plaintiff must file his or her primary submission. That filing must be captioned 1 The Court notes that Rules 6 & 7 of the Supplemental Rules for Social Security Review Actions Under 42 U.S.C. § 405(g) (effective Dec. 1, 2022) (Rev’d May 14, 2024) Plaintiff’s Brief on the Merits. The Plaintiff’s Brief on the Merits must state with particularity both the grounds for any relief sought and the legal arguments in support of those grounds for relief. It must include a “Conclusion” setting forth the specific relief sought. 4. Although Local Rule 16.3.1(e)(1) provides plaintiff a 45-day period to file the Plaintiff’s Brief on the Merits, this Court expects that Plaintiff will file the brief at the earliest possible date. If Plaintiff fails to file the Plaintiff’s Brief on the Merits within 45 days after the answer (and a motion for extension has not been granted), the case may be dismissed for want of prosecution without further notice. Defendant’s Brief on the Merits 5. Within 45 days after Plaintiff files the Plaintiff’s Brief on the Merits, Defendant must file a response, captioned Defendant’s Brief on the Merits. If Defendant fails to file Defendant’s Brief on the Merits within that time (and a motion for extension has not been granted), this Court may undertake review based only on Plaintiff’s brief. Reply Brief 6. If Plaintiff chooses to respond to Defendant’s Brief on the Merits, Plaintiff may file a reply brief, captioned Plaintiff’s Reply Brief, within 14 days from the date Defendant files the Defendant’s Brief on the Merits. Plaintiff’s reply brief must only address issues raised in Defendant’s Brief and must not reiterate arguments previously presented. Extensions for Briefs 7. The Court will not grant extensions to file briefs except on showing of good cause. Any extension request must be attested to and specifically explain why an extension is necessary. The request must list briefing deadlines, with case names and numbers, for other cases for which counsel is primarily responsible and must include an explanation for why those cases must take priority over this case. An extension request generally asserting the press of other business is insufficient to show good cause. Any request for an extension of time must be filed at least five days before the filing deadline. Extension requests that do not comply with these requirements will be denied. provides a different schedule than Local Rule 16.3.1. Nonetheless, the Court will follow the Local Rule. 2 (Rev’d May 14, 2024) Requirements for Briefs 8. Briefs on the merits may not exceed 25 double-spaced pages in length. A reply brief may not exceed ten double-spaced pages in length. No brief may use less than 12-point font or have margins of less than one inch. Footnotes must use the same font size as text in the body of a brief. 9. Plaintiff’s Brief on the Merits must first set forth a list of “Legal Issues,” followed by a recitation of facts in a “Facts” section, and then an “Argument” or “Analysis” section. Every fact asserted in the Facts section must be supported by citation to an exact and specific transcript page number. For example, if citing a medical finding found on a single page of a 20-page exhibit, the brief must cite the specific page, not generally to the 20-page Exhibit. Citations to the transcript must refer to the page number indicated on the lower right-hand corner of the document, and NOT to the PageID # at the top of the document. All facts relevant to the legal issues and discussion must be set forth in the Facts section. the 10. Plaintiff’s Argument section must address each of Commissioner’s findings that Plaintiff claims is not supported by substantial evidence by specifically citing evidence in the transcript that supports Plaintiff’s arguments. 11. Defendant’s Brief on the Merits must specifically address the legal issues and facts cited by Plaintiff and must cite, by exact and specific transcript page number, all relevant facts in a “Facts” section. Defendant’s Facts section should be followed by an “Argument” or “Analysis” section. 12. The Facts section of both briefs must accurately recite the record without argument, coloring, or spin. A party’s arguments should be in the Argument or Analysis section of the brief, not in the Facts section, and must include introductory headings identifying the claimed errors. 13. Each introductory heading in the Argument or Analysis section of a brief must correspond to the argument presented under the heading. Failure to comply with this requirement may result in (a) waiver of the arguments in the heading and in the text following the heading; (b) striking of the offending brief; and (c) other appropriate sanctions. Similarly, bald assertions of error— those unsupported by explanation and argument—will be deemed waived. 14. The parties must fully and fairly present all relevant evidence, both favorable and unfavorable, in the record. Briefs must cite concisely the relevant statutory authority and case law supporting the party’s position. Any facts recited in support of the Argument or Analysis section of a brief must also be 3 (Rev’d May 14, 2024) set forth in the Facts section of the brief . The Court will not consider facts referenced in a party’s argument unless those facts have been set out in the Facts section of the party’s brief. Any factual allegation or argument that relies on the record but that is not supported by a specific citation to the record will not be considered by the Court. Likewise, if the portion of the record cited to support a factual allegation or argument does not support the allegation or argument, the allegation or argument will not be considered by the Court. The Court will deem waived a party’s reliance on any evidence not included in the party’s brief(s). Dated: James E. Grimes Jr. U.S. Magistrate Judge 4
=== Report of Parties' Planning Meeting Blank Form ===
Attachment 1 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION _____________, CASE NO. ___________ Plaintiff, DISTRICT JUDGE_____ vs. _____________, Defendant. MAGISTRATE JUDGE JAMES E. GRIMES JR. REPORT OF PARTIES’ PLANNING MEETING UNDER FED. R. CIV. P. 26(f) AND LR 16.3(b)(3) 1. Under Fed. R. Civ. P. 26(f) and Local Rule 16.3(b), a meeting was held on _____________________________ and was attended by: ____________________ for Plaintiff(s) _________________ ____________________ for Plaintiff(s) _________________ ____________________ for Defendant(s) _______________ ____________________ for Defendant(s) _______________. 2. Initial Disclosures The parties: ☐ have exchanged Initial Disclosures as required by Fed. R. Civ. P. 26(a)(1); ☐ will exchange Initial Disclosures by __________, which is at least 5 days before the CMC; ☐ are not required to make Initial Disclosures because ______________. 3. Track Recommendation The parties recommend the following track: ☐ Expedited ☐ Standard ☐ Complex ☐ Administrative ☐ Mass Tort 4. Alternative Dispute Resolution This case is suitable for one or more of the following Alternative Dispute Resolution (ADR) mechanisms: Early neutral evaluation ☐ Mediation ☐ Arbitration ☐ Summary bench trial ☐ Summary jury trial ☐ Case not suitable for ADR at this time ☐ 5. Consent The parties do ☐ / do not ☐ consent to the jurisdiction of the United States Magistrate Judge under 28 U.S.C. § 636(c). 6. Recommended discovery plan: Describe the subjects on which discovery is to be sought and the nature and extent of discovery, including any limitation on the number of interrogatories, 2 the number and/or length of depositions, and/or the number of requests for admission: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ State the parties’ agreement regarding the timing and method for complying with Fed. R. Civ. P. 26(b)(5) and whether the parties will ask the Court to include their agreement in an order under Federal Rule of Evidence 502 (see Fed. R. Civ. P. 26(f)(3)(D ______________________________________________ _______________________________________________________________________ _______________________________________________________________________ Date to amend pleadings and/or add additional parties_____________________ Fact discovery cut-off date___________________________ Does the party with the burden of proof plan to use an expert? ______________ If so, on what topic will the expert opine? ___________________________ Expert report due date for party with burden of proof ________________ Rebuttal expert report due date___________________ Expert discovery cut-off date_____________________ Dispositive motion date______________________ Date for a status conference_______________________ 3 7. Recommended electronic discovery plan. The parties: ☐ agree there will be no discovery of electronically-stored information (ESI); ☐ have agreed to a method for conducting discovery of ESI; or ☐ have agreed to follow the default standard for discovery of ESI (Appendix K to the Local Civil Rules for the Northern District of Ohio). 8. Protective order The parties: ☐ will file a proposed stipulated protective order governing the designation and disclosure of confidential materials in a form substantially similar to Appendix L to the Local Rules for the Northern District of Ohio on the docket by _______________; ☐ will not file a proposed stipulated protective order at this time. 9. Demand and offer exchange The parties have ☐ / have not ☐ exchanged a demand and offer. 10. Other matters for the Court’s attention:______________________________ ________________________________________________________________________ ________________________________________________________________________ 4
=== Standing Order in Civil Consent Cases ===
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION James E. Grimes Jr. United States Magistrate Judge Northern District of Ohio Carl B. Stokes U.S. Courthouse, Courtroom 11A 801 West Superior Avenue Cleveland, Ohio 44113 (216) 357-7140 [email protected] STANDING ORDER IN CIVIL CONSENT CASES (Updated March 26, 2026) Unless the Court orders otherwise, these procedures will apply in all civil cases in which the parties have consented to magistrate judge jurisdiction. A separate order governs the conduct of trials. Once the Court and the parties schedule a trial in any case, the trial date will not change absent extraordinary circumstances. 1. Jurisdiction and Corporate Disclosure Statement The Court has an independent obligation to ensure its jurisdiction. In any case in which the basis for jurisdiction is not apparent, counsel must be prepared to discuss the Court’s jurisdiction at the initial case management conference. The Court may order briefing or take other steps to determine jurisdiction. Counsel must read and comply with the corporate disclosure requirements in Federal Rule of Civil Procedure 7.1 and Local Rule 3.13. In addition to the information set out in Local Rule 3.13, the Court directs counsel for any corporation to include in the disclosure statement the corporation’s state of incorporation and principal place of business. Counsel for any LLC, LLP, partnership, or similar entity must include in the disclosure the state of incorporation and principal place of business for the entity and each member of the entity. 2. Answers, Amendment, and Motions under Rule 12 Defendants must file an answer to the complaint regardless of whether the Defendant has filed or plans to file a motion under Rule 12. Filing a motion under Rule 12 will not delay the time in which the party must answer the complaint. The Court may construe any motion under Rule 12(b)(6) as a motion for judgment on the pleadings under Rule 12(c). Any motion for leave to amend or an amended pleading filed as of right by represented parties must attach as an exhibit a redline version showing all amendments or proposed amendments to the original pleading. The motion must state whether the Defendant consents under Rule 15(a)(2). 3. Discovery Conference, Joint Discovery Plan, and Initial Disclosures 3.1 Initial Disclosures To facilitate discussions at the Rule 26(f) conference, the Court strongly prefers that the parties exchange initial disclosures before the Rule 26(f) conference. The parties are required to exchange initial disclosures at least 5 days before the CMC. 3.2 Preparation for the Rule 26(f) Conference 2 Before counsel of record commit to dates and a discovery plan, they must consult with their respective clients. And clients must provide counsel with sufficient and accurate information to conduct a meaningful conference with opposing counsel and the Court, including about matters regarding discovery of electronically stored information. 3.3. Joint Discovery Plan After the discovery conference, the parties must file the discovery plan required by Rule 26(f)(3), within the timelines in Rule 26(f). They must use a form which is substantially similar to the form for the Rule 26(f) Report of the Parties, which is attached to the Court’s Case Management Scheduling Order and available on the Court’s website. The Court will consult this document throughout the pretrial management of the case. By counsel’s signature on the Rule 26(f) Report, each party and counsel certify that they have conferred in good faith, the answers and information provided in the Rule 26(f) Report are complete and accurate to the best of their knowledge after reasonable inquiry, and no position taken or stated in this Report is asserted for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation. 4. Case Management Conference To avoid wasting any participant’s time, counsel should confer with each other in advance of the initial case management conference, and every other status conference, hearing, or meeting with the Court. Before raising a 3 proposal during a case management or other conference, counsel should first raise the proposal with opposing counsel before the conference. In other words, absent exigent circumstances, counsel should not catch opposing counsel by surprise with a proposal not previously raised with opposing counsel. All proposals should be made far enough in advance for other counsel to confer with their clients so that they will be able to make binding representations and commitments on the matter. 4.1 Attendance of Clients and Parties Clients or representatives of parties need not attend the conference, unless the Court orders otherwise. Clients and representatives, however, are welcome to attend and participate. Any party not represented by counsel must appear at this conference. 4.2 In-Person Conference The conference will be conducted in person, unless otherwise noted when the conference is scheduled. After conferring, if all parties agree to conduct the case management conference virtually, they may file a motion no later than five calendar days before the conference, and the Court will likely grant the motion. In the event that the conference is conducted in-person and attended only by counsel, the Court may choose to conduct the conference in chambers. 4 4.3 Changes by Motion Absent extenuating circumstances, any request to excuse or require in- person appearance of counsel, parties, or representatives or to reschedule the date or time of the case management conference must be made by motion filed no later than four business days before the conference. Any motion to reschedule the conference must identify at least three dates when all participants for all parties are available within the same general timeframe. The movant must therefore confer with opposing counsel before filing a motion. Failure to comply with these procedures will result in denial of the motion. Absent extraordinary circumstances, the Court will not entertain telephone calls or emails requesting that the conference be rescheduled or that lead counsel be excused. 4.4 Agenda Counsel must be prepared to discuss the following items, in addition to those set out in the Rule 26(f) report: • • • • A brief synopsis of the essential facts and legal claims at issue, from each party’s perspective. The key disputes of fact or law that will drive dispositive motions, trial on the merits, or another resolution. The limited discovery or other case development required to develop those issues. What discovery, including ESI, will likely entail and how much time it will require. Matters that will likely require expert testimony and any anticipated issues relating to experts. 5 • What methods of alternative dispute resolution may be appropriate, whether limited discovery or other expedited or threshold proceedings may facilitate early or efficient resolution of the parties’ dispute, the optimal timing for settlement discussions, and what role (if any) the Court may play to facilitate discussions between the parties. 4.5 Failure to Appear Failure to appear at a case management conference may result in sanctions, including an order to show cause why a finding of contempt is not appropriate. Additionally, a failure to appear may constitute grounds for dismissal for failure to prosecute or for the entry of a default judgment. 4.6 Amending a Case Management Order or Schedule Once the Court sets deadlines at the case management conference or at any subsequence conference, the Court will not change them absent good cause. Good cause does not include a failure to conduct an adequate investigation or meet and confer about the issues before the deadline was set. 5. Discovery Generally, discovery materials should not be filed with the Court unless a party uses them to support a motion for which they are required. 5.1 Discovery disputes No motion to compel, motion for protective order, or motion for sanctions is permitted unless the parties have undertaken in good faith to resolve their discovery dispute and, if unable to do so, have been instructed by the Court to file a motion. 6 In lieu of the procedures outlined in Local Rule 37.1(a), the following procedures will apply. Local Rule 37.1(b) will continue to apply. 5.1.1 Requirement to meet and confer. Before presenting a discovery dispute to the Court, the moving party (including a non‐party seeking relief) must first confer in good faith with any adverse party by telephone or in person to resolve the dispute. An exchange of letters or emails alone does not satisfy this requirement. Counsel must respond promptly and in good faith to any request from another party to confer in accordance with this paragraph. 5.1.2 Notifying the Court of the dispute. If, after complying with the meet-and-confer requirement, counsel are unable to resolve a dispute, the party raising the dispute must file via ECF a notice briefly stating the nature of the dispute. The notice must contain a certification that the required in‐person or remote conference took place between counsel for the relevant parties and, in particular, must state: (1) the date and time of such conference; (2) the approximate duration of the conference; (3) the names of the attorneys who participated in the conference; (4) the opposing party’s position as to each issue being raised (as stated by the opposing party during the in‐person or remote conference); and (5) that the moving party informed the opposing party during the conference that the moving party believed the parties to be at an impasse and that the moving 7 party would be contacting the Court under this paragraph. Simply attaching copies of correspondence between counsel does not satisfy these requirements. If the dispute involves discovery requests and responses, the party raising the dispute must attach a copy of the disputed requests and responses. After reviewing the moving party’s notice, the Court will schedule a video or in-person conference with all counsel as soon as possible. The Court may also direct the opposing party to file a response. 5.1.3 Briefing. If a conference with the Court does not resolve the dispute, the Court will direct the parties to submit their respective positions, by letter brief filed using ECF. The moving party’s letter brief may not exceed five pages in length, exclusive of attachments, and must clearly set forth the issues in dispute and the relief sought. Unless the Court has ordered or approved otherwise, any response to a letter brief must be filed within three business days of the initial letter brief, and any reply must be filed within one business day of the response. Letter briefs in response and replies may not exceed five pages in length, exclusive of attachments. The parties may agree to a different schedule, but they must request the Court’s approval of their alternate schedule, either during the conference with the Court, in the initial letter brief, or as soon as an agreement is reached. The Court must approve the alternate schedule, otherwise, the parties must adhere to the schedule set out in this order. 8 5.1.4 Depositions. If a dispute arises during a deposition, counsel must attempt in good faith to resolve the dispute. If counsel are unable to resolve a dispute during a deposition, counsel may contact chambers by phone or email about the dispute and seek the Court’s aid in resolving it. 5.2 Discovery cut-off Discovery requests must be made far enough in advance of the discovery cut-off so that responses are due before the deadline. As an example, if the time to respond to a discovery request is 30 days, the discovery request must be made more than 31 days—and preferably earlier—before the discovery deadline. Similarly, any discovery dispute must be raised early enough to allow the completion of discovery by the deadline. 5.3 Disclosure of Lay Witnesses Each party must disclose the name of any lay witness it intends to call at trial no later than 30 days before the discovery cut-off. Absent good cause and extraordinary prejudice, failure to make this disclosure will result in the preclusion of testimony by the witness. 5.4 Protective Orders If the parties request approval and entry of a protective order, they must in addition to filing their proposed order on the docket, email a Word version of 9 the proposed protective order to the Court at [email protected]. 5.5 Objections Boilerplate and general objections may be treated as a waiver of any and all objections, including claims of privilege. Objections must be made in good faith and with specificity tied to a particular request. Objections based on undue burden must provide a basis for the Court to determine whether the asserted burden is as onerous as the objector asserts. 5.6 Claims of privilege If a party responding to a discovery request withholds or redacts otherwise responsive documents based on claims of privilege, the responding party must produce a privilege log by the deadline for responding to the request. The description in the log of each document and its contents must be sufficiently detailed to allow the requesting party—and the Court if necessary—to determine whether the elements of the claimed privilege have been established. Failure to list a document on the log or to timely provide a privilege log will operate as a waiver of any claimed privilege. 5.7 Expert Disclosures Unless the Court orders otherwise, the first expert disclosure deadline applies to any expert a party intends to use to carry its burden of proof on any claim or defense. The second expert disclosure deadline applies to reports 10 rebutting the first expert report and may not be used for belated expert disclosures. 6. Deposition Conduct Counsel and unrepresented parties should review Local Rule 30.1 before the first deposition in this case. The Court will strictly enforce Local Rule 30.1. The Court expects Counsel to behave professionally at all times during depositions. Depositions must be conducted in a civil manner and attorneys must be respectful to witnesses, the court reporter, and other attorneys. Counsel must conduct themselves as if examining a witness in Court. Absent leave granted by the Court or a written agreement among the parties, depositions last no more than seven hours, exclusive of breaks. 7. Sealing and Redacting Documents Filed with the Court 7.1 Counsel or unrepresented parties should consult Local Rule 5.2 before attempting to file a document under seal. There is a strong presumption in favor of openness as to court records. Shane Group, Inc. v. Blue Cross Blue Shield of Michigan, 825 F.3d 299, 305 (6th Cir. 2016). A party wanting to seal a document or information filed with the court bears the burden of showing a compelling reason to justify the non-disclosure of that material. Id. No protective order or other sealing order is blanket authority to file documents or information under seal. If a party seeks to file any document or 11 information under seal, that party must seek leave of Court to do so. Absent the filing of a motion to seal and the Court’s approval, documents may not be filed under seal. See L.R. 5.2. Even if Court approval is obtained, only relevant portions of documents are subject to sealing under the terms of an approved order. For example, an entire memorandum in support of a motion for summary judgment would not be placed under seal just because it mentions a sealed document. Nor would an entire deposition transcript be placed under seal because confidential information was inquired into at some point during the deposition. When a document is filed under seal, attorneys must also file a redacted version of that document, as appropriate. A motion for leave must include an explanation of the basis for each redaction requested, a certification that the movant has conferred with the producing party, and an explanation of the producing party’s position (if the party did not produce the document). With the motion for leave, the movant must provide unredacted versions of the document at issue with the proposed redactions highlighted or otherwise marked. The unredacted version should be provided to the Court by email to chambers. A motion for leave must be filed at least seven days before the applicable deadline. If the Court determines that redactions are appropriate, the party will be required to (1) file a redacted version of the document at issue; (2) serve counsel with an unredacted version; and (3) file an unredacted version under 12 seal. The Court will typically not permit an entire document to be filed under seal. A party seeking to redact or seal an entire document should consider Shane Group, 825 F.3d 299. 7.2 Consistent with Shane Group, the fact that a party produced a document or information marked confidential under a protective order does not authorize redacting the document or filing it under seal. Instead, the party requesting sealing or redaction must analyze, in detail, document by document, the propriety of confidentiality, and provide reasons and legal citations in support of the party’s request. If a case with sealed documents comes to trial or hearing, the courtroom will not be sealed. The trial or hearing and any ruling by the Court will be public. Unless otherwise ordered, any and all documents and information that may have been subject to sealing during discovery will no longer enjoy a protected or confidential designation. 8. Status conferences Counsel or unrepresented parties may, at any time, request a status conference by filing a motion. The motion should include a brief explanation of the reason the party is requesting a conference. The Court may also schedule a status conference sua sponte. The Court will decide whether a status conference will occur in-person or by video, but will often defer to the judgment of the parties in that regard. In the event that the Court holds a hearing by video, the parties should remember that whether a hearing is held in-person 13 or by remote means, the hearing is a judicial proceeding. Counsel should thus dress and comport themselves accordingly. 9. Motions and Briefs 9.1 Use of Artificial Intelligence Use of Artificial Intelligence (AI) when researching and drafting documents may result in “fake” or hallucinated” cases and law, and generate material that is not based on the actual facts of this case. Litigants, including pro se parties, who rely on AI-generated material must verify the accuracy of the factual information, cases, and case citations that it generates. The Court may sanction any party who submits a filing containing fake cases or citations or who otherwise violates this directive or Federal Rule of Civil Procedure 11. Sanctions may include: striking the offending document; imposing fines and fees; holding a party in contempt of court; dismissing a plaintiff’s lawsuit; and striking a defense. 9.2 Length limitations. Absent leave granted by the Court, parties must comply with length limitations in Local Rule 7.1(f) and this Order. For purposes of this rule, the Court does not count pictures, simple tables, graphs, or other such demonstratives toward the page limits. So these demonstratives may appear in the text of a brief or memorandum. The Court will rely on counsel’s good faith efforts to estimate the length of a brief or memorandum that includes demonstratives in the text. Motions for relief from the length restrictions must 14 show good cause and must be filed at least five days before the deadline for the filing that is the subject of the motion for relief. This means that a motion for relief from length restrictions submitted at the same time as a filing that exceeds the page limits will be denied. A request to exceed the page limits will not extend the time for submitting the underlying filing. Do not use footnotes to evade the page limits of Local Rule 7.1(f). Filings with an inordinate number of footnotes or with inappropriately lengthy footnotes may be stricken. The Court may strike any memorandum taking liberties with formatting to comply with the page limits of Local Rule 7.1(f). All briefs and memoranda must have: (1) at least one-inch margins on all sides; (2) double- spaced text—exclusive of block quotes—with a minimum of 12-point font in a proportionally spaced typeface1; (3) footnote text in at least 10-point font in the same typeface as the main body of text; and (4) citations in the main body of text and not in the footnotes. In the event that a party finds it necessary to emphasize text in a filing, the Court strongly suggests that the use of italics will be sufficient to make the 1 Although Times New Roman is acceptable, the Court urges any counsel who is still using it to read the “requirements and suggestions for typography in briefs and other papers,” found at pages 170 through 176 in the Handbook for Appeals to the United States Court of Appeals for the Seventh Circuit (2020), https://www.ca7.uscourts.gov/rules-procedures/Handbook.pdf. See Mark Sableman, Typographic Legibility: Delivering Your Message Effectively, 17 Scribes J. Legal Writing 9 (2017); see also Antonin Scalia & Bryan A. Garner, Making Your Case, The Art of Persuading Judges 136 (2008) (“Don’t spoil your product with poor typography.”). 15 party’s emphasized point. See Antonin Scalia & Bryan A. Garner, Making Your Case 122 (2008) (suggesting that courts find boldface type “visually repulsive” and that “[n]obody using a computer in the 21st century should ... underlin[e] text”). 9.3 PDF format All motions and briefs submitted by represented parties must be filed in a text-searchable PDF format.2 If counsel files a brief or motion that is not text-searchable, counsel will be directed to refile in the appropriate format. Unless impracticable, deposition transcripts and other exhibits should also be filed in text-searchable PDF format. The Court prefers that PDF documents contain bookmarks of internal divisions for easier navigation. 9.4 Reply briefs and surreplies. Absent unusual or extraordinary circumstances, reply briefs should not present new evidence or arguments. Absent leave of Court, surreplies are not permitted. Permission to file a surreply will rarely be granted. 9.5 Memoranda in cases with multiple plaintiffs or defendants Multiple parties on the same side of the “v” are encouraged to file and join a single brief raising all issues and arguments the parties intend to present. A party may note in the memorandum that it is not joining a particular argument. When appropriate, the Court will consider adjusting The Court strongly recommends that the parties adjust the PDF 2 pagination of their motions and briefs so that PDF page one is the first page of the document’s text and that preceding pages, such as the cover and any table of contents, either have Roman numerals or no page number designations. 16 page limits or deadlines within reason to accommodate the filing of a single memorandum. A request of this nature must be made at least seven days before the deadline for the filing at issue. Similarly, the opposing party must file a single memorandum addressing all issues when responding. 9.6 Courtesy Copies and proposed orders Unless otherwise ordered, parties should not provide courtesy copies of any filings to chambers. If the Court requests a courtesy copy of any brief or document, the copy provided must include the CM/ECF heading with the document number and page identification number. 9.7 Copies of Cases and Unreported Authorities Parties are not required to attach copies of cases or other authorities unless those authorities are unavailable on Westlaw, LEXIS, or similarly accessible databases. 9.8 Citations When citing authority in support of a proposition, counsel must cite the specific page of the cited authority. Simply citing a decision without a pinpoint cite forces the Court to search the cited authority and often to guess why counsel has cited the authority. Citations without a pinpoint cite are therefore not helpful. 9.9 The Record: Exhibits, Depositions, Hyperlinks, and Citations Where a document already exists on the record, counsel should not file 17 another copy of it in connection with any filing. Instead, parties should refer to the earlier filed version to avoid duplication. If a party references materials available on the internet, the Court prefers that counsel file a PDF copy of the material to avoid the link changing or becoming corrupted before the Court consults it. All citations to documents filed on record should be to the ECF document and the PDF page number shown at the top of the page. When docketing exhibits, the Court encourages counsel to provide a meaningful name for the exhibit that will be appear on the docket. For example, “Smith Deposition” instead of “Exhibit C.” The Court prefers full page transcripts of depositions, not minuscripts. Where deposition excerpts are attached in support of or opposition to a motion, the entire deposition transcript must be filed separately in text-searchable format. If filing a document previously filed electronically in this or any other case, counsel must remove the ECF header from the previous filing so that the header applied in this case is readable.3 9.10 Supplemental Authority If pertinent and significant authorities come to a party’s attention after the party’s brief has been filed or after oral argument but before decision, a party may promptly advise the Court by filing a notice of supplemental When generating a docket report through CM/ECF, unclick the box that 3 says, “Include headers when displaying PDF documents.” 18 authority, with proper citations. The notice must state the reasons for the filing, referring either to a specific page identification number or to a point argued orally. The notice must not advance new claims or arguments. The notice must not exceed 350 words. Any response must be made promptly and must be similarly limited. 9.11 Motions for Reconsideration Absent a specific basis in Rule 59 or Rule 60, a party may not seek reconsideration. No response to a motion for reconsideration should be filed unless the Court directs that an opposing may respond. 10. Summary Judgment Absent leave of Court, no party may file more than one motion for summary judgment. The Court discourages parties from seeking leave to file more than one such motion. No party may file a motion for summary judgment in response to another party’s motion for summary judgment. A motion in limine may not be used as a substitute for summary judgment. The parties should consult Judge Grimes’s “Rule 56 Procedure in consent cases,” which is found on the Court’s website at the page for Magistrate Judge James E. Grimes Jr. 11. Final Pretrial Conference Unless otherwise ordered, the following individuals must attend a final pretrial conference in person: (1) lead trial counsel, (2) parties, and (3) a representative with full and final decisional authority, including settlement 19 authority. If any such person is unable to attend in-person, counsel must file a motion, showing good cause, as far in advance of the final pretrial conference as possible and in no event less than five business days before the conference. Counsel must confer with all other parties before filing such a motion. Before the final pretrial conference, the parties are expected to exchange at least two rounds of good-faith demands and offers. The term parties means either the named individuals or, in the case of a corporation or entity, the person most familiar with the actual facts of the case. Party does not mean in-house counsel. Full and final decisional authority means the actual ability to enter into binding commitments on all factual and legal issues without further consultation. With respect to settlement authority, the representative must have full and final authority up to the last demand or amount remaining in controversy. The Court may modify this requirement in the case of governmental entities. 12. Dismissal of Parties or Claims Dismissal of fewer than all parties or claims is governed by Rule 21, rather than Rule 41. A dismissal of a party or claim must therefore be brought as a motion under Rule 21. Any motion brought under Rule 21 to dismiss a party or claim must state whether, after consultation, any other party consents to the motion. 20 13. Attorneys’ Fees In all cases brought under a statute with a fee-shifting provision and in all class actions, beginning with the transmission of the initial demand and within two weeks of the last day of every quarter during the calendar year after that (March 31; June 30; September 30; December 31), the party claiming fees must give opposing counsel a statement showing the gross amount of attorneys’ fees, costs, and any other items for which the party will seek reimbursement incurred to that date. 14. Default Judgment If requesting attorneys’ fees or costs in connection with a motion for default judgment, the Court reminds counsel to provide proper support for such a request, including sufficient lodestar information. Failure to do so will result in denial of any such request. 15. Contact with the Court Do not make ex parte telephone calls to Chambers regarding substantive issues in pending cases. Do not call Chambers ex parte for “guidance” or “clarification” regarding substantive matters, including matters relating to existing case management deadlines, requests to file briefing, or inquiries regarding the “status” of pending motions. Because the Court speaks through its docket, parties must make any requests by written motion filed on the docket. 21 16. Settlement and Dismissal of the Case If the parties reach a settlement of the case and undertake or are ordered to file a dismissal within a specified period of time, the Court expects a stipulation dismissing the action to be filed by that date. If it is not, and unless the parties have moved for additional time, the Court will schedule an in-person hearing at which counsel of record, the parties (including in-house counsel and those with knowledge of the facts at issue), and any person with settlement authority must appear and explain the status of the case. 17. Counsel Admitted Pro Hac Vice Counsel admitted under Local Rule 83.5(h) must be familiar with this Court’s Local Rules and the practices and procedures set out in this Standing Order. An order granting admission pro hac vice is conditioned on counsel’s registration and participation in the Court’s electronic filing system. Permission is conditional only and may be revoked at any time. Dated: March 26, 2026 /s/James E. Grimes Jr. James E. Grimes Jr. U.S. Magistrate Judge 22
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