Policies and Procedures: General Matters, Civil Cases and Criminal Cases; Joint Report of Rule 26(f) Meeting

=== Policies and Procedures: General Matters, Civil Cases and Criminal Cases ===

United States District Court for the Eastern District of Pennsylvania U. S. District Judge John Milton Younge Policies and Procedures: General Matters, Civil Cases, and Criminal Cases GENERAL CHAMBERS AND COURTROOM MATTERS Judge Younge expects all counsel, and all parties they represent, to maintain the highest ethical standards at all times, and to strictly adhere to the opportunities, requirements, limitations, and deadlines set forth herein. A. Correspondence with the Court 1. Counsel may write to Judge Younge to request an unopposed extension of time and for unopposed requests pertaining to scheduling. However, Judge Younge does not permit correspondence in lieu of opposed extension requests, contested discovery or substantive motions, or other disputed substantive matters which should be made of record via motion practice. Correspondence may be faxed to Judge Younge at 267-299-7368 (maximum 5 pages by fax, other wise by mail or hand delivery). Judge Younge does not accept carbon copies of letters to opposing counsel. Judge Younge does not permit ex parte communication with the Court, written or 2. 3. otherwise. 1 4. Counsel are advised to submit current telephone and fax numbers to the Clerk’s Office. B. Communication with Law Clerks Judge Younge generally does not permit counsel to directly communicate with law clerks. If a law clerk contacts counsel, it is at Judge Younge’s direction. Usually communication with Chambers shall occur via Judge Younge’s Civil Deputy, Ms. Dedra Brannan, at 267-299-7361. C. Telephone Conferences Judge Younge uses telephone conferences for scheduling changes and similar matters. He also holds telephone conference calls on discovery and other motions as necessary. Judge Younge usually requests that counsel initiate any such call. D. Oral Arguments and Evidentiary Hearings Judge Younge does not set aside specific days or times for oral arguments or evidentiary hearings. Judge Younge will hear oral argument on a motion if he believes argument will assist him in deciding the motion. A party may request argument in writing. Arguments and hearings are scheduled on an ad hoc basis. E. Pro Hac Vice Admissions Judge Younge expects applications for pro hac vice admissions to be submitted in writing using the forms found on the Court’s website at www.paed.uscourts.gov. He requires the attorney seeking such admission to (1) submit the signed affidavit or certification stating that he or she is a member in good standing of the bar of another jurisdiction. 2 F. Thorough Review of Filings In order to avoid confusion, when counsel receives an electronic notification of a court order filed in a case, counsel is directed to open the order on the docket and review the contents of the order. Occasionally the docket’s description of an order is inaccurate; counsel are responsible for making themselves aware of the actual content of every docket entry. G. Joinder in Motions Judge Younge strongly disfavors joinder in the substantive motions of other parties, and normally does not permit such. H. Punctuality and Civility Judge Younge expects counsel to be punctual for all conferences, hearings, and trials. Judge Younge also expects counsel at all times to be civil to one another as well as to all parties, witnesses, and court personnel – whether in front of a jury or the Court. I. Communication with Opposing Counsel In general, Judge Younge expects counsel to bring matters, including those that arise during trial, to his attention only after they have been discussed with opposing counsel. J. Cases Involving Out-of-Town Parties or Witnesses Judge Younge has no special policy for matters involving out-of-town attorneys, parties, or witnesses. Counsel are free to raise any issues they deem necessary. K. Examination of Witnesses Out of Sequence Judge Younge is willing to take witnesses out of turn for their convenience, particularly when there is no objection by opposing counsel. 3 L. Videotaped Testimony Counsel must discuss in advance of trial all objections to the presentation of videotaped testimony to resolve all conflicts. If counsel cannot resolve their disagreements, they should present any outstanding disagreements at least ten days prior to the final pretrial conference by providing a transcript of the testimony with the challenged question and answer highlighted, and a list setting forth each objection by page and line numbers and the basis for the objection. The videotape must be edited prior to trial to eliminate pauses and speed-ups so there are no interruptions. M. Hearing and Trial Dates 1. The Court’s calendar is generally set well in advance. Parties and counsel rely on assigned hearing and trial dates and Judge Younge is reluctant to reschedule set dates without good cause. If counsel becomes aware of a professional or personal conflict that may affect any significant scheduled event (including trial), they should immediately notify Judge Younge and opposing counsel. 2. Judge Younge generally sets a firm trial date for all matters. On the day of trial, Court promptly convenes at 9:30 a.m. and may sit until 5:00 p.m. or later. Dependent on juror transportation concerns, Judge Younge adjusts the schedule for subsequent trial days as necessary. 3. Counsel may contact Chambers the day prior to any hearing or trial to ascertain the assigned courtroom. N. Voir Dire Judge Younge’s practice in criminal matters is to personally conduct the voir dire. However, in civil matters Counsel will usually conduct voir dire with minimal oversight from 4 the Judge and his court deputy. Counsel are free to submit proposed (by a date set in this Court’s pre-trial order) and supplemental voir dire (on the trial date) to Judge Younge. Should the need for follow-up questioning arise, Judge Younge may permit counsel to either do so themselves or submit follow-up questions for Judge Younge to ask. O. Courtroom Procedure 1. Unless counsel have secured the Court’s permission, Judge Younge expects counsel to stand when addressing the Court, the jury, or when examining witnesses. Counsel may stand where they choose, except that they may not crowd the witness or the jury. 2. Counsel may approach a witness with the permission of the Court. If counsel needs to approach the witness many times, Judge Younge may instruct the attorney that he or she need not continue to ask. Nonetheless, once the attorney has accomplished his or her reason for approaching the witness (however many times), he or she should return to the place from which he or she is questioning. 3. Judge Younge does not permit speaking objections in front of a jury. Counsel should give the basis for the objection in a word or phrase (e.g., “hearsay”). 4. Judge Younge does not allow “continuing objections”; counsel must state every objection for the record. 5. If counsel wishes to have a sidebar to argue on an objection, the Court will usually grant the request as long as the numbers of sidebars remains reasonable. Counsel are strongly encouraged to bring evidentiary questions to the attention of the Court outside the presence of the jury. 6. All counsel are reminded that re-direct is still direct examination, and not cross. 5 7. Although Judge Younge does not have a strict policy concerning examination beyond re-direct and re-cross, additional direct and cross examination will be allowed only upon request and at the Court’s direction. However, “beyond the scope” and “asked and answered” will be strictly enforced. 8. Counsel has the responsibility to advise their witnesses that no witness should talk to any jury member at any time. 9. Judge Younge does not permit more than one attorney for a party to examine the same witness. 10. Judge Younge does not have a specific practice as to reading stipulations, pleadings, or discovery materials into the record. If counsel request the Court to read such, the written material must be prepared and submitted in advance of trial; any objection to the same must be raised prior to trial. 11. Judge Younge allows jurors to take notes. 12. Judge Younge will always have a clerk in the courtroom during a jury trial who will give the jurors any exhibits or other items that counsel requests be given to them. Counsel should never approach the jury to distribute exhibits unless permitted by Judge Younge. 13. Judge Younge considers a jury trial a formal affair and asks all counsel to act accordingly. Extraneous clothes, exhibits, briefcases or food/containers should not be left at counsel table when the jury is in the box. 14. Opposing counsel should not engage in extended conversations with each other in front of a jury without the Court’s permission. The Court will allow counsel to have a private conversation if it is requested and efficient. However, lawyers absolutely should never argue with either opposing counsel or the Court in front of the jury. 6 P. Exhibits Counsel must mark and exchange exhibits before commencement of a hearing or trial. Counsel should provide Judge Younge with two (2) copies of each exhibit and a schedule which briefly describes each exhibit. The first copy of the exhibits shall be provided at the final pre-trial conference and the second copy shall be provided to this Court on the first day of trial or jury selection. Exhibits shall be taped and submitted in binders for ease of use by the Court. Generally, exhibits will be admitted into evidence at the close of all evidence and prior to jury deliberations. Counsel should review the exhibits in advance so that agreed upon exhibits can be admitted quickly and disputed exhibits ruled upon at the conclusion of the case. When the number of exhibits in a case is large, Judge Younge strongly prefers to reach advance agreement as to the admission of as many exhibits as possible. Q. Opening and Closing Statements While Judge Younge is flexible with regard to time limits on opening statements and summations, he does not allow open-ended presentations. Judge Younge usually will discuss the time needed with counsel in advance. Counsel should be prepared to begin closing arguments immediately following the close of all evidence. R. Directed Verdict Motions Judge Younge permits motions for a directed verdict outside the hearing of the jury. 7 S. Jury Deliberations 1. Written Jury Instructions Judge Younge has standard instructions that he reads to the jury in all cases. However, Counsel are also expected to submit proposed jury instructions. Counsel are expected to meet and discuss proposed jury instructions for the purpose of submitting agreed-upon jury instructions and verdict forms. Counsel are expected to cooperate in the preparation of joint proposed instructions. Submitting a proposed point for charge does not constitute a waiver of objections. Counsel are instructed to work on proposed instructions regardless of counsel’s position with respect to a point’s applicability. If the Court sustains an objection to an instruction, it will not be submitted to the jury. Objections to jointly submitted points will be discussed and ruled upon at the charging conference. Counsel should submit their proposed jury instructions to the Court prior to the start of trial. After the close of evidence and prior to the beginning of closing arguments, Judge Younge will conduct a charging conference where he will go over each requested jury instruction. Counsel must place objections to jury charges on the record as Judge Younge rules on each request. 2. Exhibits in the Jury Room Judge Younge will evaluate requests from the jury for particular exhibits on a case-by-case basis. Counsel will always be contacted prior to a decision on any such requests. 3. Availability of Counsel During Jury Deliberations Counsel must be available in case questions arise from the jury during its deliberations. Judge Younge prefers counsel to be within 15 minutes distance of the courthouse during jury deliberations. 8 4. The Verdict Form and Special Interrogatories In most civil cases, Judge Younge submits written interrogatories to the jury. In criminal cases, Judge Younge submits a verdict form to the jury with interrogatories as necessary. Copies are provided to jurors. 5. Polling the Jury The Court will poll the jury if counsel so requests. 6. Interviewing the Jury After a verdict has been recorded and the jury has been discharged, counsel may request to interview jurors. The jurors will be told that they are permitted to talk to counsel if they desire, but they need not do so. Counsel shall respect the jurors’ desire not to speak to them. 9 CIVIL CASES A. Pre-trial Procedure 1. Pre-trial Conference Judge Younge may schedule a Fed. R. Civ. Proc. 16 conference to occur via telephone, in Chambers, or in a courtroom. Judge Younge requires the parties to commence discovery immediately upon receipt of the Order scheduling the Rule 16 conference, and he expects the parties to conduct substantial discovery before the Rule 16 conference. The Court’s procedures rely upon the good faith of counsel and diligent compliance with Fed. R. Civ. Proc. 26(f). A Rule 26(f) meeting shall take place as soon as possible, and at least ten days prior to the Rule 16 conference. Without exception, counsel must, at least five business days prior to the Rule 16 conference, file with the Clerk of Court a completed report of their Rule 26(f) meeting. 2. Rule 16 Conference At the Rule 16 conference, counsel are expected to discuss jurisdictional defects; the possibility of amicable settlement (including by referral for settlement discussions facilitated by a U.S. Magistrate Judge); alternative dispute resolution; time limitations for joining parties and amending pleadings, if necessary; scheduling for discovery deadlines, expert reports, motion practice, pre-trial memoranda, and future pre-trial conferences; scheduling a trial date; and any other appropriate matter. In addition, Judge Younge usually inquires whether the parties would be amenable to having their entire matter transferred to the jurisdiction of a U.S. Magistrate Judge pursuant to 28 U.S.C. § 636(c) and Fed. R. Civ. Proc. 73. Parties are expected to have conferred with each other about of these items prior to the conference (especially as to settlement and transfer to the jurisdiction of a U.S. Magistrate Judge). 10 Judge Younge usually enters a comprehensive Case Management Order following the Rule 16 conference, which sets firm dates for the completion of discovery, the exchange of expert reports, the filing of dispositive motions. Only after all discovery has been completed and all dispositive motions have been filed and ruled upon, will the case be placed in a trial pool or will be scheduled for a trial date certain. 3. Continuances and Extensions Since trial dates are set in advance, Judge Younge is extremely reluctant to grant continuances – especially if the attorneys have not been diligent in moving the case forward. However, the Court will consider motions for extension of discovery deadlines upon showing of good cause. 4. Motion Practice Except as set forth herein, motion practice will be conducted in accordance with Local Civil Rule 7.1. Unless otherwise directed. Judge Younge requires that counsel deliver to chambers, via U.S. mail or hand delivery, two courtesy copies of any dispositive motion, response, or reply. If the exhibits to a motion are voluminous, the exhibits in the Court’s courtesy copies shall be clearly marked, tabbed and bound in a 3-ring binder or utilizing another binding method that allows the exhibit book to open and lay flat on an even surface. Courtesy copies of other motions or responses are discouraged where the pleadings have been filed electronically. 5. Reply and Sur-reply Briefs Reply briefs and sur-reply briefs, addressing only issues raised in the brief in opposition and not repeating arguments in briefs that were previously filed by the movant, may 11 be filed within seven days of service of the opponent’s brief in opposition/reply and shall be limited to ten pages. 6. Proposed Orders Judge Younge requires a proposed order to be filed along with every motion and response. Proposed orders, although only a proposal, should nonetheless be titled “Order” and should not contain an attorney’s name or address. B. Discovery Matters 1. Length of Discovery Period The length of time permitted for discovery depends on the nature of each case. Judge Younge generally permits 3-6 months of discovery, except for more complex litigation. 2. Discovery Disputes When a discovery dispute arises, counsel are strongly urged to settle it amongst themselves. However, if, after making a good faith effort, counsel are unable to resolve a disputed issue, counsel for the aggrieved party shall file with the Court a motion in conformity with Local Civil Rule 26.1(b), with a proposed order, and a brief not to exceed ten pages. After a response, also limited to ten pages, is filed, the Court will either: (1) issue a ruling; (2) hold a teleconference or hearing; (3) refer the dispute to a U.S. Magistrate Judge for a determination; or (4) order additional briefing. The Court normally rules promptly on discovery motions. As a reminder, all discovery motions must contain the certification required under Local Civil Rule 26.1(f). Lack of civility between counsel during discovery and depositions will not be tolerated. 12 3. Confidentiality Agreements Judge Younge will approve a confidentiality order if the order includes a detailed statement demonstrating that good cause exists. All such orders must contain the following language or language substantially similar: “The Court retains the right to allow disclosure of any subject covered by this stipulation or to modify this stipulation at any time in the interest of justice.” 4. Expert Witnesses Parties should identify expert witnesses and engage in expert discovery pursuant to the scheduling order entered in the particular case. Failure to do so may bar the use of the expert’s testimony at trial. C. Settlement Judge Younge usually refers settlement conferences to a U.S. Magistrate Judge. However, if warranted, Judge Younge may refer a matter to a settlement master with the parties bearing the cost thereof. D. Summary Judgment Motions All summary judgment motions and oppositions to such motions must contain a recitation of facts with complete and accurate citation to the record. To this end, Judge Younge requires the parties to file separate statements of material facts (i.e., not simply a factual narration section of a brief), as follows: 1. Any motion summary judgment shall include a separate Statement of Undisputed Material Facts which sets forth, in numbered paragraphs, the material facts that the moving party contends are undisputed and entitle the movant to judgment as a matter of law. Only those facts 13 which bear on dispositive material issues shall be included in the Statement of Undisputed Material Facts. 2. The papers opposing a motion for summary judgment shall include a separate Statement of Undisputed and/or Disputed Material Facts that responds to the numbered paragraphs set forth in the moving party’s Statement of Undisputed Material Facts, either admitting those facts are undisputed, or contending they are disputed and, as such, are genuine issues to be tried. The responding party may also set forth, in separate numbered paragraphs, any Additional Disputed Material Facts which the respondent contends preclude summary judgment. 3. If a responding party sets forth additional disputed material facts, the moving party shall, within 7 business days, file a response either admitting those facts are disputed, or contending they are undisputed and, as such, are not genuine issues to tried. 4. Without exception, all facts set forth shall be deemed admitted unless addressed by the opposing party as set forth herein 5. The Court will not consider any description of a fact that is not supported by citation to the record. Statements of Material Facts in support of or in opposition to a motion for summary judgment must include specific and not general references to the parts of the record that support each of the statements, such as the title of or numbered reference to a document, the name of a deponent and the page(s) of the deponent’s deposition, or the identity of an affidavit or declaration and the specific paragraph relied upon. Pinpoint citations are required. Summary judgment motion practice that fails to follow these procedures to the Letter will be stricken. E. Pre-trial Submissions Unless otherwise specified, Judge Younge requires the parties to submit the following by 14 a date set by the Court, which is normally approximately three weeks prior to the trial date: 1. Jointly-proposed voir dire questions; 2. Jointly-proposed jury instructions; 3. Jointly-proposed verdict sheet; 4. Motions in limine; and 5. Final pretrial memoranda pursuant to Local Civil Rule 16.1(c). Parties shall submit to the Court two copies of proposed points for charge and special Jury interrogatories, along with a disk containing the documents. Documents must be submitted in Microsoft Word format - .pdf format is not acceptable. a. The proposed points for charge and special jury interrogatories shall be prepared and submitted jointly. Counsel are expected to work together to achieve agreement on as many items as possible before submission to Judge Younge. Proposed points for charge should be accompanied by appropriate citations of legal authority – including use of the Model Civil Jury Instructions for the Third Circuit, where applicable (see http://www.paed.uscourts.gov, “Third Circuit Model Jury Instructions” bullet). b. Each proposed point for charge shall be numbered and on a separate sheet of paper. c. Where counsel cannot agree on a particular point for charge or interrogatory, the joint submissions shall provide the alternative version proposed by each party and the rationale for each. d. Where one party proposed a point for charge or interrogatory and the other party objects to the proposal in its entirety (i.e, wishes nothing be used, as opposed to an alternative version), the joint submission shall note such and include the objecting party’s rationale. e. Supplemental points for charge will be permitted during and at the conclusion of trial. 15 F. Motions in Limine As noted above, motions in limine usually are due three weeks before trial. A response to any motion in limine is due within five business days of the filing of the motion. Judge Younge will usually rule on outstanding motions in limine prior to opening statements; however, in some instances, rulings on motions may be held until the witness has been called to testify or the evidence is being presented to the jury. G. Final Pre-trial Conference 1. Judge Younge will hold a pre-trial conference prior to trial. In preparation for the conference, Judge Younge expects counsel to communicate with each other on a number of matters, including exhibit designations, objections to exhibits, use of expert depositions, and stipulations of fact. The parties should be prepared to once again discuss the possibility of settlement or alternative dispute resolution in lieu of trial. 2. The parties shall file a pretrial memorandum in which counsel must detail the substance of the testimony of each witness. Identifying a witness as giving testimony on liability and/or damages is insufficient. 3. The parties shall provide the Court with one copy of each exhibit and two copies of a schedule of exhibits which shall describe each exhibit. At trial, the parties shall provide the Court an additional copy of each exhibit. Exhibits shall be arranged and tabbed in a binder. One of the goals of the final pretrial conference is to resolve all evidentiary requirements. 4. Counsel shall be prepared to state their objections to witnesses and exhibits, and to respond to opposing counsel’s objections. It is expected that counsel have discussed and have attempted to resolve all objections to exhibits and testimony prior to the final pretrial conference, leaving only those objections the parties could not resolve. 16 5. Any party intending to use depositions, written or video, at trial must notify all other Parties in writing at the pretrial conference, setting forth the page and line numbers of the challenged testimony and a clear statement for the basis of the objection. The objecting party must provide the Court with a copy of the deposition transcript with the challenged testimony highlighted. H. Injunctions 1. Scheduling and Expedited Discovery When a temporary restraining order (“TRO”) is requested, Judge Younge will schedule a conference as soon as counsel have appeared and it is possible to properly consider the request, unless the Court can resolve the TRO on the papers. Judge Younge requires all counsel to be present unless the urgency of circumstances precludes notice to opposing counsel. Judge Younge rarely grants ex parte temporary restraining orders. 2. Hearings Prior to any formal hearings, Judge Younge may hold a conference with counsel. Judge Younge schedules preliminary and permanent injunctions hearings as soon as practicable and combines the two hearings if appropriate. Judge Younge usually permits expedited discovery when preliminary injunctive relief is requested. 3. Proposed Findings of Fact and Conclusions of Law Judge Younge requires the submission of proposed findings of fact and conclusions of law in injunction cases, in accordance with Fed. R. Civ. P. 52(a). I. Trial Briefs Counsel may submit trial briefs when they are likely to be helpful to the Court. 17 J. Proposed Findings of Fact and Conclusions of Law In a non-jury trial, the parties shall file a stipulation of uncontested facts. Each party shall submit proposed findings of fact and conclusions of law. 18 CRIMINAL CASES A. Pre-trial Conferences Judge Younge holds pre-trial conferences in all criminal cases. B. Pre-trial Motions The parties must file any pre-trial motions, including Starks motions or motions to suppress evidence, as soon as possible and no later than three weeks prior to the commencement of trial (or as otherwise permitted by the Court’s Case Management Order). The opposing party must respond to any pre-trial motion no later than seven days after the motion is filed. Judge Younge will consider requests for oral argument on Starks motions or motions to suppress; if Judge Younge grants any such request, he will hold argument separate from and in advance of trial. Counsel for the moving party is required to file proposed findings of fact and conclusions of law no later than two days after a motion hearing. Judge Younge normally rules upon any motions in limine in advance of trial. C. Pre-trial Submissions 1. At least three weeks before the case is listed for trial, the parties shall submit to the Court two copies of proposed points for charge and proposed jury verdict form, along with a disk containing the documents. Documents must be submitted in Microsoft Word format - .pdf format is not acceptable. Proposed points for charge should be accompanied by appropriate citations of legal authority. If a proposed point for charge is a model jury instruction, the submission shall state whether the model jury instruction is unchanged or modified. If counsel modifies a model jury instruction, additions shall be underlined and deletions shall be placed in brackets. In addition: 19 a. The proposed points for charge and jury verdict form shall be prepared and submitted jointly. Counsel are expected to work together to achieve agreement on as many items as possible before submission to Judge Younge. b. Each proposed point for charge shall be numbered and on a separate sheet of paper. c. Where counsel cannot agree on a particular point for charge or on the verdict form, the joint submissions shall provide the alternative version proposed by each party and the rationale for each. d. Where one party proposed a point for charge or element of the jury verdict form and the other party objects to the proposal in its entirety (i.e., wishes nothing be used, as opposed to an alternative version), the joint submission shall note such and include the objecting party’s rationale. Supplemental points for charge will be permitted during and at the conclusion of trial. 2. At least three weeks before the case is listed for trial, the government shall file a trial memorandum. At a minimum, the trial memorandum shall specify the essential elements of the crime(s) charges, discuss any anticipated evidentiary issues, and contain a witness list. Any defense response to the government’s trial memorandum shall be filed within seven days. 3. The government must file any motion to admit evidence under Fed. R. Evid. 404(b) at least fourteen days before trial. Any defense response is due within 5 business days. D. Guilty Pleas Memoranda Judge Younge requires the government to submit a guilty plea memorandum no later than fourteen (14) days prior to the guilty plea date. A guilty plea memorandum shall include the elements of each offense to which the defendant is pleading guilty and legal citations for such 20 elements; the maximum (and mandatory minimum, if any) statutory penalties for each offense; the terms of any plea agreement; and the factual basis for the plea. In addition to filing a guilty plea memorandum with the Clerk of Court – and unless the matter is sealed – counsel shall simultaneously send a digital copy of the same in Microsoft Word format directly to Judge Younge’s Criminal Court Deputy, Mr. Sean Armstead. Counsel’s failure to strictly adhere to this protocol will likely result in sanctions. E. Motions for Downward Departure or Variance A motion for downward departure or variance must be filed no later than fourteen (14) days prior to the sentencing date. The motion should include legal and factual support for the proposed departure or variance. In addition to filing any such motions or response thereto with the Clerk or Court – and unless the matter is sealed – counsel shall simultaneously send a digital copy of same in Microsoft Word format directly to Judge Younge’s Criminal Court Deputy, Mr. Sean Armstead. Counsel’s failure to strictly adhere to this protocol will likely result in sanctions. F. Sentencing Memoranda Judge Younge requires both the government and the defendant to submit sentencing memoranda no later than fourteen (14) days prior to the sentencing date. Sentencing memoranda must set forth any legal authority relied upon by the party. In addition to filing sentencing memoranda with the Clerk of Court – and unless the matter is sealed – counsel shall simultaneously send a digital copy of same in Microsoft Word format directly to Judge Younge’s Criminal Court Deputy, Mr. Sean Armstead. Counsel’s failure to strictly adhere to this protocol will likely result in sanctions 21 /s/John M. Younge John M. Younge U.S. District Judge U.S. District Court for the Eastern District of Pennsylvania October 1, 2019 (Revised: 10/01/2019) 22

=== Joint Report of Rule 26(f) Meeting ===

FORM IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA PLAINTIFF v. DEFENDANT CIVIL ACTION NO. ________ : : : : : JOINT REPORT OF RULE 26(f) MEETING In accordance with Federal Rule of Civil Procedure 26(f), counsel for the parties conferred on (___date___) and submit the following report of their meeting for the court’s consideration: 1. Discussion of Claims, Defenses and Relevant Issues You should assume that the court has read the complaint and is familiar with the claims. However, the facts supporting those claims and defenses are unknown. Therefore, counsel shall set forth concisely the factual background that the parties contend support their claims and defenses. Summarize your discussion of primary issues, threshold issues and those issues on which the parties will need to conduct discovery. Identify what information each party needs in discovery as well as when and why. Also indicate likely motions and their timing. 2. Informal Disclosures State the parties’ agreement on timing, form and scope of informal disclosures. Specifically identify not only the information listed in Rule 26(a)(1), but any additional information the parties agree to disclose informally. Keep in mind that self-executing discovery must not be delayed until the pretrial conference. If the parties have not made the Rule 26(a) initial disclosures within the time required by the Court’s Order scheduling the pretrial conference, they should explain why not. 1 3. Formal Discovery Indicate nature, sequence and timing of formal discovery, as well as any need to conduct discovery in phases to prepare for the filing of motions or for settlement discussions. Specifically delineate what discovery will be conducted formally. The discovery deadline should normally be no more than 120 days from the date of the Rule 16 pretrial conference. If the parties believe there are compelling reasons for a longer period of discovery, state them. The parties are required to address procedures to preserve electronically stored information, to avoid inadvertent privilege waivers, and to determine the form in which electronic information will be produced. The cost of producing the information must be discussed. The parties shall discuss the parameters of their anticipated e- discovery at the Rule 26(f) conference and shall be prepared to address e-discovery at the Rule 16 scheduling conference with the court. It is expected that the parties will reach an agreement on how to conduct e-discovery. 4. Expert Witness Disclosures Indicate agreement on timing and sequence of disclosure of the identity and anticipated testimony of expert witnesses, including whether depositions of experts will be needed. The parties should expect that the court requires expert reports to be exchanged simultaneously. If there are compelling reasons to stagger the production of expert reports, state them. 5. Early Settlement or Resolution The parties must familiarize themselves with Local Rule 53.3. Recite the parties’ discussion about early resolution through ADR and state what steps were taken by counsel to advise the client of alternative dispute resolution options. Explain any decision not to seek early resolution. State what mediation options the parties may consider and when mediation would be appropriate. 2 6. Magistrate Jurisdiction Indicate discussion between the parties about having the entire matter transferred to the jurisdiction of a U.S. Magistrate Judge pursuant to 28 U.S.C. § 636(c) and Fed.R.Civ.P. 73. 7. Trial date State the parties’ agreement on the three or four week range of time during which the case will be assigned to a trial pool or given a trial date certain. 8. Other Matters Indicate discussion and any agreement on matters not addressed above. (Attorney Signature) (Attorney Signature) 3