Practices and Procedures; Mediation Proceedings; Example of Responding Party's Concise Statement of Material Facts

=== Practices and Procedures ===

PRACTICES AND PROCEDURES OF MAGISTRATE JUDGE K. TAYLOR I. GENERAL MATTERS A. Communications with the Court Counsel shall not send letters, motions or briefs to Judge Taylor unless she specifically requests or approves this practice. Requests for the rescheduling of conferences may be made by telephone to the Court’s Courtroom Deputy, but only if counsel for all parties are on the line or have expressly authorized counsel for a particular party to convey the request. B. Communications with Chambers’ Staff Counsel may contact Judge Taylor’s staff only to discuss administrative matters. C. Telephone and Video Conferences As appropriate, the Court may conduct conferences or other proceedings by telephone or by video conference. Unless otherwise ordered, settlement conferences, pretrial conferences, and oral arguments typically will be conducted in-person. Telephone conferences will be facilitated through a Court-provided conference line, which will be supplied through an ECF docket entry. If a proceeding is to be conducted via video conference, Chambers will supply log-in information to counsel and unrepresented parties in advance. In addition to Court-scheduled conferences, this Court may also schedule and conduct a status conference (telephone or in-person) upon counsel’s request. D. Courtroom Demeanor and Decorum Counsel will be patient, dignified, respectful, courteous, and conduct themselves with civility toward all persons, including the general public, at all times. Parties and party representatives also are expected to conduct themselves in a similarly appropriate manner. Judge Taylor will not tolerate any demonstration of hostility, discrimination, or bias. Counsel, if able, must stand when speaking for the record and when addressing the Court. Counsel shall not exhibit familiarity with witnesses, jurors, opposing counsel, or the Court. Counsel will address all participants formally (Ms., Mr., Sir, Madam, Attorney, Counsel, etc.), and not by first name alone. E. Comments to the Media Attorneys will adhere to the Rules of Professional Conduct in all dealings, including those with the media. F. Court Reporter In civil cases, the Court will generally only have a court reporter present for oral arguments on substantive motions, evidentiary hearings, the final pre-trial conference, and trial proceedings. If no court reporter is present and counsel has an objection, or otherwise desires that the proceeding be on the record for any reason, counsel has the right to and should request a court reporter, but must do so no later than three (3) days before the conference. G. Pro Hac Vice Admissions Pro hac vice motions satisfying the requirements of Local Rule 83.2.B will be routinely granted. H. Continuances If a party seeks to continue a court proceeding, the party must include in the motion at least two proposed dates/times near the original hearing date when all counsel will be available or explain why they cannot do so. Motions to continue court proceedings will be granted only for good cause (e.g., illness, medical procedure, family emergency, pre-paid vacation, or a previously scheduled court proceeding). II. MOTIONS PRACTICE A. Routine Motions – Duty to Confer For routine motions, including motions for extension of time, motions for continuance, or motions for leave to amend the pleadings, counsel for the moving party must: (1) confer with opposing counsel to obtain consent, and (2) state in the motion whether consent was obtained. The moving party must attach a Certificate of Conferral as an exhibit to the motion. Failure to indicate either that the parties have conferred or to state the position of the non-moving party’s position may result in summary denial. The duty to meet and confer for routine motions does not extend to pro se civil rights cases. B. Rule 12 Motions If a defendant determines that a Rule 12 motion is appropriate, defense counsel first must meet and confer with plaintiff’s counsel before filing to determine whether any purported defects with the complaint can be cured. Any motion to dismiss must be accompanied with a Certificate of Conferral stating that the defendant has made good-faith efforts to confer with the plaintiff to determine whether the identified pleading deficiencies may be cured by amendment. Rule 12 2 motions that do not contain a Certificate of Conferral will be stricken. This requirement applies to all Rule 12 motions, including motions for judgment on the pleadings under Rule 12(c). C. Briefs Motions that seek substantive legal rulings, whether dispositive or non-dispositive, should be accompanied by a supporting brief, filed contemporaneously with the motion. A brief may be omitted only if the motion is both: (1) non-dispositive, and (2) contains sufficient argument and legal citation to permit meaningful review. 1. Page Limitations Supporting and responsive briefs regarding dispositive motions are limited to twenty-five (25) pages, excluding exhibits and fact statements submitted in support of, or in opposition to, summary judgment motions. Supporting and responsive briefs regarding non-dispositive motions are limited to ten (10) pages. For good cause, parties may move for leave to exceed these page limitations. 2. Citation to Unpublished Opinions When citing to unpublished opinions, counsel must use the Westlaw citation rather than a LEXIS, or any other law database, citation. 3. Reply Briefs Reply briefs are permitted without leave of court only for Rule 12(b), Rule 12(c), and Rule 56 motions, and are limited to five (5) pages. Reply briefs to these motions are due within seven (7) days of the date of service of the response to which they reply. The parties must seek leave of court to file all other reply briefs and any sur- reply brief and will be limited to five (5) pages if leave is granted. Any reply or sur-reply that is filed without leave of court will be stricken. 4. Font All motions and briefs shall use 12-point font, including for footnotes. D. Proposed Orders In accordance with local rules, all motions shall be accompanied by a proposed order of court. The order of court shall include language detailing the specific relief sought rather than merely stating that the motion is “granted.” 3 E. Chambers Copies of Motion Papers Generally, courtesy copies of motions and briefs, including exhibits and attachments, should not be forwarded to Chambers as they are available to the Court through ECF. However, counsel shall deliver to Chambers a hard copy of the exhibits/attachments if those exceed fifty (50) pages. F. Scheduling Unless a separate Order is issued, responses to non-dispositive motions shall be filed within fourteen (14) days of service, and responses to dispositive motions, such as a motion to dismiss, a motion for summary judgment, or a motion for judgment on the pleadings, shall be filed within thirty (30) days of service. G. Oral Argument Judge Taylor may schedule oral argument for factually or legally complex matters. Also, a party may file a motion requesting oral argument, which may be granted in the Court’s discretion. H. Evidentiary Hearings Scheduling of evidentiary hearings will be determined on a case-by-case basis. I. Motions in Limine/Daubert Motions The deadline for filing motions in limine and Daubert motions, with their supporting briefs and proposed orders, will be set in a pretrial scheduling order. When feasible, the Court will rule on these motions prior to trial. Counsel shall comply with Local Rule 16.1.C.4 with respect to all motions in limine. Each motion may not exceed five (5) pages double-spaced; if a party elects to file an omnibus motion, the portion of the omnibus brief supporting each motion in limine may not exceed five (5) pages. J. Motions for Reconsideration Motions for reconsideration must be filed within seven (7) days of the order at issue. K. Motions to Seal All motions to seal any document or proceeding must set forth the specific factual and legal basis and necessity for sealing. Any order sealing any matter is subject to being vacated upon the motion of any party, any interested person, or by the Court on its own motion. Absent exceptional circumstances, proposed Orders must include this language: “This Order may be vacated, and sealing lifted for cause shown upon the motion of any party or other person with a recognized interest, or after due notice by the Court upon the Court’s own motion.” The parties are reminded 4 that all proceedings in federal court are presumptively open to the public, including those in which “sealed” material may be discussed. III. CIVIL CASES A. Pretrial Procedures 1. Local Rule 16.1 The Court uses a standard case management order form based on Local Rule 16.1. 2. Confidential Position Letters for Jury Cases In all jury cases,1 at least three (3) business days prior to any scheduled conference (initial case management conference, post-discovery status conference, settlement or pretrial conference) each party shall submit a confidential position letter of five (5) pages or to [email protected]. Position letters are not to be filed or shared with opposing counsel to ensure candor. All position letters will be kept confidential. Judge Taylor’s Chambers, by fewer email to The position letter shall include: (a) A brief recitation of the most salient facts; (b) A forthright discussion of your party’s strengths and weaknesses, including your party’s likelihood of prevailing on each claim or defense and a description of the issues remaining in dispute; The relief you are seeking; and (c) An estimate of the cost and time to be expended for trial; (d) (e) Your party’s settlement posture, including present demands and offers and history of past settlement discussions, offers, and demands. 3. Conferences a. Initial Case Management Conferences Judge Taylor will issue an order setting the date for the initial case management conference after the filing of an answer by all defendants or after resolution of a Rule 12(b) motion. Prior to the conference, the parties shall meet and confer and then file a report pursuant to Fed. R. Civ. P. 26(f); the standard Rule 26(f) Report can be found in the Appendix of the Local Rules. Trial counsel shall attend the initial case management conference. 1 Position letters should not be submitted in non-jury cases pending before Judge Taylor. 5 b. Post-Discovery Conferences A post-discovery conference will be scheduled promptly after the close of discovery. Trial counsel must attend. Counsel shall be prepared to discuss all other pretrial deadlines. c. Settlement Conferences including Judge Taylor requires trial counsel and their clients, or persons with authority, to attend all settlement conferences. If counsel has full authority to negotiate a settlement, counsel can request that the client be permitted to participate by telephone or video conference on an as-needed basis. insurance companies, d. Other Conferences Additional case management or status conferences may take place at counsel’s request or at the Court’s discretion. 4. Settlement The Court will explore the possibility of resolving the case at every conference and at each stage of the litigation. Except for social security appeals, petitions for habeas corpus and prisoner civil rights cases, all cases are required to participate in the Court’s ADR program pursuant to Local Rule 16.2. Absent good cause shown, the ADR process shall occur within sixty (60) days of the Initial Scheduling Conference. If the parties have a good faith belief that additional time is required, however, the Court will entertain a motion to extend the deadline. 5. Extensions and Continuances Requests for extensions of time and continuances shall be presented by written motion, contain supporting facts, and indicate the position of opposing counsel. Reasonable extensions generally will be granted. Counsel are advised that untimely requests for continuances (for example, on or after a court-ordered deadline) without a showing of good cause are strongly disfavored. 6. Objections/Placing Proceedings on the Record If counsel at any time has an objection to any procedure, ruling or other action of the Court, counsel, at the earliest practicable time, should object by written motion or otherwise on the record. If no court reporter is present and counsel has an objection(s), or otherwise desires that the proceeding be on the record, counsel has the right to and should request that the proceeding be recorded and thereafter place the objection(s) or proceedings on the record. Counsel may request at any time that any proceeding or matter be placed on the record. 6 7. Consultation by Counsel/Attendance of Necessary Counsel All parties (other than those proceeding pro se) shall be represented at any conference by counsel who is a member of the Bar of this Court (or, who has been or will be, admitted specially), has entered an appearance, and is sufficiently familiar with all legal and factual matters involved in the action to allow counsel to meaningfully participate in the proceedings. At any conference, counsel shall be prepared to discuss in detail and argue any pending motions, and to discuss settlement. Counsel are expected to confer with one another prior to any conference with the Court to review any issue which may be raised at that conference and to provide their respective positions on those matters. B. Discovery Matters 1. Length of Discovery Period and Extensions Generally, one-hundred fifty (150) days are allowed for discovery although Judge Taylor will discuss with counsel the length of discovery required. Counsel must comply with the provisions of Rule 26 and must file the written report required by Rule 26(f) prior to the Initial Case Management Conference. The parties are encouraged to abide by discovery deadlines and only request extensions when they are absolutely necessary. Any request for an extension must be made in a reasonable time frame prior to the deadline. Untimely requests are strongly disfavored. 2. Expert Witnesses Expert reports and discovery may be deferred until after dispositive motions upon agreement of the parties and the Court. 3. Discovery/Deposition Disputes Counsel for the parties must confer on discovery disputes, prior to seeking the Court’s intervention. If a discovery dispute cannot be resolved after the parties have conferred in good faith, the parties are to jointly telephone Chambers to schedule a telephone status conference so that the dispute may be addressed without the need for a written motion or response. No later than two (2) days before the telephone status conference, counsel must email to Chambers a one- or two-page summary of the discovery issue. Generally, no motions or briefs are to be filed regarding discovery disputes unless the Court so directs after the telephone status conference. 7 For discovery disputes that arise during a deposition, the attorneys together may contact Chambers by telephone to determine whether the Court wishes to resolve the matter at that time. Counsel must contact Chambers to set a discovery conference before filing any motion to compel or for sanctions, or for a non-consensual protective order. Failure to do so may result in the deferral of a ruling, or the denial of that motion. 4. Stay of Discovery Participation in an ADR process will not stay discovery. A stay of discovery may be sought by motion but will be granted only if the right to relief is clear or another compelling reason exists. 5. Limitations on Discovery The Court follows the Federal Rules of Civil Procedure regarding this matter and does not impose additional restrictions or limitations. C. Preliminary Injunctions Federal Rule of Civil Procedure 65 governs motions for temporary restraining orders and/or preliminary injunctions, and litigants should review that rule prior to the filing of any motion for injunctive relief. Any ex parte contact with the Court should be avoided. For temporary restraining orders without notice, the moving party must meet the requirements of Federal Rule of Civil Procedure 65(b). Consistent with Rule 65, the Court will not issue a temporary restraining order when: (1) (2) (3) the opposing party has been served; the motion provides no certification indicating that prompt service cannot be accomplished; or the motion is unaccompanied by an affidavit or verified complaint consistent with Rule 65(b)(1)(A). Any response to the motion for temporary restraining order or preliminary injunction should be accompanied by affidavit(s). Following a review of the pleadings and affidavit(s), the Court will determine whether to conduct a hearing, whether the injunction hearing should be consolidated with a trial on the merits, the scope of the necessary testimony and evidence to be presented and whether expedited discovery should be granted. Counsel filing a motion for temporary restraining order or preliminary injunction should immediately be prepared to proceed with argument and testimony from supporting witnesses. In circumstances where a bond or deposit of security may be required if relief is granted, the moving party is expected to have that arranged at the time the motion is filed. 8 D. Motions for Summary Judgment Unless the parties are otherwise directed by the Court, motions for summary judgment and responses in opposition thereto must comply with the requirements of LCvR 56. A party’s failure to adhere to these requirements may result in the motion for summary judgment being decided against the party’s position. When responding to a statement of facts in response to a summary judgement motion, pursuant to Rule 56, the responding party must include a reprint of each original fact statement, followed by the response, seriatim. E. Motions for Leave to Amend Pleadings Parties must attach a copy of the draft amended pleading to any motion to amend and must show all proposed changes in “redline” or “track changes” format. The motion shall state the position of all other parties to the that motion and shall set forth why amendment is supported by new law or newly discovered facts. No motion is needed for any amended pleading permitted as of right under Fed. R. Civ. P. 15(a), however, parties must attach a copy of the amended pleading with all proposed changes in “redline” or “track changes” format. F. Trial Procedures 1. Compliance with Local Rule 16.1 C. The content of pretrial statements shall comply with LCvR 16.1.C.1. 2. Scheduling of Cases For cases in which the parties have consented to jurisdiction before Magistrate Judge Taylor, a date certain will be given for trial following the resolution of any Rule 56 motions or, if none are filed, at the post-discovery status conference. Vacation schedules and conflicts with the personal/professional obligations of counsel, parties and witnesses will be accommodated whenever possible. The Court must be notified of any conflicts as soon as possible. 3. Trial Hours/Days Generally, cases will be tried Monday through Friday, 9:00 a.m. to 4:30 p.m., with one 15-minute break in the morning and one in the afternoon, and a one-hour lunch break. Judge Taylor will meet with counsel at 8:30 a.m. each morning, if requested, before trial to discuss evidentiary and other issues. To the extent possible, counsel should file with the Court a no more than one-page statement summarizing those 9 issues the evening before counsel intends to raise the issue for Court resolution. The Court will not delay the proceedings to respond to last minute requests for conferences to discuss matters that, in the exercise of reasonable diligence, could have been heard at the 8:30 a.m. conference. Modification of this schedule will be considered as appropriate, but counsel should be prepared to examine witnesses until 4:30 p.m. 4. Motions in Limine/Daubert Motions The filing date for motions in limine and Daubert motions will be set in the pretrial order. 5. Voir Dire The filing date for proposed voir dire questions will be set in the pretrial order. Counsel may submit proposed voir dire as a supplement to the standard voir dire set forth in LCvR 47 for the Court’s consideration. The Court will conduct the voir dire. 6. Use of Courtroom Technology The parties are required to use trial presentation and courtroom technology, and trial exhibit summaries pursuant to Federal Rule of Evidence 1006, to the fullest extent possible. Should the parties require training or other information on the use of courtroom technology, the parties may contact the Court’s Courtroom Deputy. The parties are welcome to contact Chambers to schedule a time to visit the courtroom and review the available technology. 7. Notetaking by Jurors The Court generally allows jurors to take notes. 8. Objections Counsel must state the basis for any objection in a summary fashion (e.g., hearsay, lacks foundation, leading, etc.). “Speaking objections,” and generally proceeding beyond what is necessary to state the objection’s basis, will not be permitted. If further explanation is needed, counsel may request a side bar. 10 9. Side Bars Side bars will be permitted but only when necessary. Counsel should anticipate matters to be discussed outside of the jurors’ presence and raise these matters either at the beginning or end of each trial day. 10. Examination of Witnesses Out of Sequence If a scheduling conflict exists, the Court will permit examination of a witness out of sequence, either within the party’s own case or within an opposing party’s case. 11. Opening Statements and Summations There are no court-imposed time limits on opening statements and closing arguments, but the Court strongly suggests that opening statements not exceed thirty (30) minutes. Defense counsel may defer opening statements. Counsel may use exhibits, PowerPoints, or other demonstratives in openings and closings, if they have previously provided the same to opposing counsel and either agreement was reached regarding the use of those materials, or the Court has ruled upon the matter. 12. Witness List Before the beginning of trial, counsel shall provide opposing counsel with a complete witness list. In addition, throughout the trial, by 5:00 p.m. each day, counsel for each side shall provide opposing counsel and the Court with the actual list of the next day’s witnesses in the order that the witnesses are expected to be called. Counsel shall ensure that that they have adequate witnesses to fill the allotted time each day. 13. Examination of Witnesses or Argument by More than One Attorney One attorney for each party shall conduct an examination of any witness and may argue any motion or point. 14. Examination of Witnesses Beyond Direct and Cross Redirect and recross of a witness will be permitted but may not exceed the scope of the immediately preceding line of questions. The Court does not typically permit any further examination. 15. Videotaped Testimony Judge Taylor has no special procedures or requirements with respect to the use or admission of videotaped testimony. However, counsel should inform the court in 11 advance of trial of the intention to use that evidence, so that suitable procedures may be discussed. 16. Reading of Material into the Record The Court has no special practice with regard to reading deposition testimony, stipulations and the like into the record. It will be considered on a case-by-case basis. 17. Exhibits The parties shall list their respective exhibits in their Pretrial Narrative Statements. The parties are expected to comply with Local Rule 16.1.C.5. by exchanging exhibits prior to the final pretrial conference, unless otherwise ordered by the Court, and should be prepared to indicate a position at the final pretrial conference regarding the authenticity and admissibility of the opponent’s exhibits. The parties, however, will be ordered by the Final Pretrial Order to provide the Court with a joint exhibit binder. All exhibits shall be marked before trial. Exhibits may be introduced out of sequence. 18. Directed Verdict Motions The Court follows the Federal Rules of Civil Procedure regarding this matter and does not impose additional requirements. Motions may be made orally or in writing. 19. Jury Instructions Counsel shall meet to agree on a joint set of proposed substantive jury instructions regarding Plaintiff’s claims and their elements, any defenses and their elements, and any evidentiary or other matters particular or unique to this case. The proposed jury instructions must include the standard civil jury instructions relevant to this case. After conferring, counsel shall file one combined set of proposed instructions, and email the instructions in Word format to Judge Taylor’s Chambers at [email protected]. The combined set of instructions shall include both the agreed-upon instructions and the instructions to which the parties have not agreed, clearly marked. Each agreed-upon instruction shall include the following statement at the bottom of each instruction: “This proposed instruction is agreed-upon by the parties.” Each instruction to which the parties have not agreed, shall state which party is advancing it, along with the legal authority relied upon by each party in support of and in opposition to each such instruction. Proposed instructions by different parties shall 12 be grouped together (i.e., instruction should be matched with counter instructions).2 To the extent applicable, the Court will follow the Court of Appeals for the Third Circuit’s Model Civil Jury Instructions. Any requests for deviation from applicable Third Circuit Model Instructions must be supported by legal authority, as should requests for the exclusion of any particular instruction. 20. Verdict Slip Counsel shall meet to agree on a joint verdict slip. If the parties, after conferring in good faith, cannot agree on a joint verdict slip, the parties shall submit their respective proposed verdict slips and include the basis for the dispute. 21. Joint Stipulations The parties shall file joint stipulations. All possible stipulations shall be made as to: (i) facts; (ii) issues to be decided; (iii) the authenticity and admissibility of exhibits; (iv) expert qualifications and reports; (v) deposition testimony to be read into the record; (vi) a brief statement of the claims and defenses to be read to the jury to introduce the trial and to be read to the venire before jury selection; and (vii) exhibits or other demonstratives to be used in opening statements. After conferral, counsel will produce joint stipulations and file them pursuant to the Final Pretrial Order. 22. Offers of Proof Offers of proof should not be required since the Court sets aside time before and after a trial day to discuss trial/evidentiary matters with counsel. Should the need arise during trial, however, the Court does not impose any restrictions. 23. Other Procedures The parties are directed to review and comply with the Final Pretrial Order for additional pretrial and trial procedures. G. Jury Deliberations 1. Written Jury Instructions A copy of the jury instructions will be provided to each juror to use during deliberations. 2 An example of how to properly format the proposed jury instructions can be made available upon request. 13 2. Exhibits in the Jury Room Generally, all admitted exhibits will be given to the jury for use in deliberations. 3. Jury Questions All written questions submitted by the jury are supplied to counsel. Counsel and the Court will meet to discuss and agree on a reply. In most cases, the jury is then summoned to the Courtroom and the oral reply is provided to them. A written reply is provided when appropriate. 4. Availability of Counsel During Jury Deliberations Trial counsel need not remain in the courtroom during deliberations but must be immediately available by telephone and able to return to the courthouse within a reasonably short period of time. 5. Interviewing the Jury Counsel must not approach any juror until the Court has met with the jurors and dismissed them. Judge Taylor will inform the jurors that they may speak to counsel after the verdict has been entered and they are dismissed, but are not required to do so. IV. CRIMINAL CASES Criminal cases before Judge Taylor are limited to petty offenses, misdemeanor charges and preliminary criminal proceedings (e.g., arraignment, detention hearings and initial appearances). Counsel must be prepared and have conferred with their client prior to scheduled criminal proceedings. 14

=== Mediation Proceedings ===

Mediation Proceedings A. Preliminary Telephone Conference When a matter is referred to Judge Taylor for settlement, she will normally hold a preliminary telephone conference with counsel. At the time of that telephone conference, counsel will be expected to discuss the status of settlement discussions and schedule an in-person settlement conference. B. Demands and Offers Plaintiff (and defendant to any affirmative claim) will set out a written good faith demand no later than three (3) weeks before the settlement conference. The defendant (or the other responding party) must respond to that demand in writing, no later than two (2) weeks before the settlement conference. There will be no exceptions. C. Settlement Conference Statement Counsel will submit a brief confidential written statement no later than one week before the scheduled settlement conference. The Settlement Conference Statement will not exceed seven (7) pages, excluding attachments, and will not be filed with the Clerk’s Office. Statements must be emailed to the Courtroom Deputy assigned to Judge Taylor at [email protected]. Statements will include: a) Names of counsel and client(s) attending the in-person settlement conference. b) Brief narrative statement of the case. c) Party’s factual and legal strengths and weaknesses, including a brief summary of the evidence tending to strengthen or weaken the case. d) Cases, laws, statutes, or regulations implicated by the cause(s) of action and/or defense(s). e) Lay and Expert Witnesses 1. List of witnesses who have been deposed. 2. List of witnesses who will be called to testify at trial and a brief explanation of how that testimony will support your claim(s) and/or defense(s). f) Claims disposed of via dispositive motions. g) Status of negotiations, including the demand(s) and offer(s), and demand/offer dates. D. Parties Attendance and Participation The parties (or the parties’ representatives with knowledge of the case and settlement authority) must attend the settlement conference in-person. In exceptional circumstances only, Judge Taylor will permit the person with settlement authority to participate in the conference by video/telephone. Counsel seeking relief must contact chambers as soon as they are aware of a problem with attendance. At the settlement conference, Judge Taylor will expect counsel to: a) Present a brief opening statement, no longer than 5-7 minutes. b) Be prepared to discuss the weaknesses, as well as the strengths, of their case. c) Have prepared the client in advance that Judge Taylor will speak with them directly. d) Have organized and have brought critical documents for Judge Taylor’s review. e) Have attached relevant summary expert reports to the Settlement Conference Statement for Judge Taylor’s review. f) Have brought relevant photographs, sketches, diagrams, and charts for Judge Taylor’s review. g) Be patient, open and flexible. Settlement is a process. It takes time. h) Be creative – avoid bottom lines or top numbers. i) Manage their client’s expectations. j) Manage their own expectations. E. Follow-up Contact Judge Taylor will, if appropriate and if the matter remains unresolved, continue to work with counsel after the settlement conference. F. Continuances Settlement conferences are scheduled by order of the Court and are mandatory. Counsel and participants should make all efforts to attend. Due to the large number of cases scheduled for settlement conferences, rescheduling the settlement conference could cause a significant delay. Thus, any continuance requests should be made within fourteen (14) days of receipt of the notice scheduling the conference. Continuance requests will be granted only for the most compelling reasons. G. Confidentiality As a reminder, the settlement conference is confidential, and nothing discussed at the settlement conference is admissible. See Federal Rule of Evidence 408.

=== Example of Responding Party's Concise Statement of Material Facts ===

, , IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA Plaintiff, v. Defendants. Civ. No. Jury Trial Demanded Judge PLAINTIFF ________’ RESPONSE TO DEFENDANTS’ STATEMENT OF MATERIAL FACTS, AND STATEMENT OF ADDITIONAL MATERIAL FACTS AT ISSUE In accordance with Local Rule 56.C.1., Plaintiff ____________________ respectfully submits the following in response to Defendants’ Concise Statement of Material Facts Pursuant to Local Rule of Civil Procedure 56.B.1. I. RESPONSE TO DEFENDANTS’ STATEMENT OF FACTS 1. Jane Doe is the individual responsible for initial intake and executing leases with tenants who are renting ABCD’s rental properties. Deposition of Jane Doe at p. 38 (hereinafter referred to as “Doe Dep.”). ANSWER: Admitted. 2. The Policy of ABCD Rentals is that emotional support animals are permitted on ABCD’s properties. Ex. A., Doe Dep. at p. 49. ANSWER: Denied. Whatever the policy is now, it is unclear from the evidence and Jane Doe’s testimony whether the policy was in effect at the time Ms. Jackson submitted her request for a reasonable accommodation and/or rented from ABCD Rentals. Ex. A., Doe Dep. at p. 50:4-62:19. Moreover, the policy states that ABCD permits tenants to have emotional support animals (“ESAs”) as long as the tenant seeks approval after their rental application has been approved, but before signing a lease. See Ex. B., Service and Support Animal Policy. 3. By way of example, there have been prior tenants of ABCD Rentals who have maintained emotional support animals and reasonable accommodations have been approved for emotional support animals. Ex. A., Doe Dep. at pp. 226-228; Ex. 10 Accommodation for Billy Jean Smith and Mike Tanning. ANSWER: Denied. Defendants cite to evidence that th ey approved the reasonable accommodation request of one prior tenant, Mike Tanning. See also Ex. F. pp. 22-27 ABCD’s Accommodation’s records. 4. ABCD Rentals maintains a Policy of Non-Discrimination. Ex. A., Doe Dep. at p. 69; Exhibit 4. ANSWER: Denied. See Ex. C., Non-Discrimination Policy, for the co ntents of ABCD’s non-discrimination policy. 5. The Tenant, Carey A. Jackson, owned an animal named “Frank” which is a Labrador Retriever (“Lab mix”). Deposition of Carey A. Jackson at p. 51 (hereinafter referred to as “Jackson Dep.”). ANSWER: Admitted. 2 II. PLAINTIFF’S STATEMENT OF ADDITIONAL FACTS AT ISSUE 1. Jolly Avenue Apartments (the “Subject Property”) is a multi-family apartment complex consisting of approximately ten units. Compl. ¶ 4, ECF No. 1; Answer ¶ 4, ECF No. 8. 2. The Subject Property is located on the corner of Grant Street and First Street in Skypark, Pennsylvania. Id. 3. The Subject Property is owned by John Turner and ABCD Rentals, which is a company in the business of renting apartments and townhouses. Ex. O., Turner Dep. 16:1-12. 3