Pretrial Order and Case Management Plan

=== Pretrial Order and Case Management Plan ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:##-cv-###-WCM

[Name]

)

Plaintiffs,

v. [Name] _____________________________________)

Defendants.

PRETRIAL ORDER AND CASE MANAGEMENT PLAN

In accordance with the Local Rules of the Western District of North

Carolina and pursuant to Rule 16 of the Federal Rules of Civil Procedure, the

undersigned enters the following Pretrial Order and Case Management Plan

in this matter.

Deadlines at a glance

Rule 26 Disclosures Designation of Mediator Expert Reports – Plaintiff(s)

Defendant(s)

Discovery Mediation Motions Deadline Trial

***** ***** ***** ***** ***** ***** ***** ***** term

I.

Discovery

A. Initial Rule 26 Disclosures: The information required by Federal

Rule of Civil Procedure 26(a)(1) shall be exchanged no later than

[Date]. OR The parties have exchanged the information required

by Federal Rule of Civil Procedure 26(a)(1).

B. Discovery Limits: Each party may propound no more than default

is twenty (20) single part interrogatories to any other party; each

party may submit no more than default is twenty-five (25) requests

for admissions to any other party; and each side may depose no

more than default is six (6) fact witnesses without prior approval

of the Court. However, the parties may, by agreement, increase the

limitations set forth in this paragraph, and if they are unable to

agree, may then seek Court intervention by motion.

C. Responses to Written Discovery Requests: Every answer,

response, and/or objection to a written discovery request shall be

preceded by the complete text of the request. If a party requests an

extension of time to respond to discovery requests, the result of

consultation with opposing counsel must be stated in the motion.

D. Maintenance of Discovery Materials: Discovery materials are NOT

to be filed, except in accordance with the Local Rules. See LCvR

26.2.

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E. Use of Discovery Depositions at Trial: If depositions are taken

during the discovery period which counsel intend to use at trial,

counsel are directed to exchange page/line designations and

resolve any objections thereto prior to the Final Pretrial

Conference. In the event that video depositions are taken, counsel

are directed to edit the video accordingly so that the video may be

shown without interruption. Any objections to designations of

deposition testimony (whether such testimony is presented in

written form or through a video recording), which cannot be

resolved by the parties themselves, must be raised in time to be

addressed at the Final Pretrial Conference. Failure to do so will

result in the waiver of any such objections.

F. Protective Orders: If a party objects to a discovery request on the

basis that the information or materials sought should be produced

pursuant to a protective order, the objection shall be accompanied

by a draft proposed protective order.

G. Completion of Court-Enforceable Discovery: Except for voluntary

discovery and de bene esse depositions, all discovery shall be

completed no later than [Date]. Counsel are directed to initiate

discovery requests and schedule depositions sufficiently in

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advance of this deadline so as to comply with this Order. This

deadline may be extended only by Court Order.

H. Voluntary Discovery: The parties may engage in discovery after

the court-enforceable discovery deadline by mutual agreement up

to fourteen (14) days prior to the Trial Date.

I. De Bene Esse Depositions: Depositions taken for the sole purpose

of preserving testimony for trial may be taken following the close

of court-enforceable discovery provided that 1) the witness will be

unavailable for trial for one of the reasons set forth in Rule

32(a)(4); 2) the reason for the unavailability is that the witness

resides outside the subpoena power of this Court and the party

seeking to take the deposition has failed, after making a good faith

effort, to obtain a commitment from the witness to testify at trial

voluntarily; and 3) the deposition can be concluded in time so that

any portions of the deposition to be used at trial can be designated

and any objections resolved at the Final Pretrial Conference. De

bene esse deposition testimony should be presented at trial by

video recording whenever possible.

J. Expert Witnesses: Without leave of Court, each side shall be

entitled to call up to default is five (5) expert witnesses who are

retained or specially employed to provide expert testimony in the

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case or whose duties as a party's employee regularly involve giving

expert testimony. The materials that are required by Rule 26(a)(2)

with respect to any experts (including experts who must provide

written reports and experts who are not required to provide such

reports) will be due from Plaintiff(s) no later than [Date] and from

Defendant(s) no later than [Date]. Supplementations under Rule

26(e) shall be ongoing throughout these proceedings.

II. Motions Practice

A. Motions Deadline: All motions, except motions in limine and

motions to continue, shall be filed no later than [Date]. This

deadline also pertains to any motion that challenges the

qualifications of any expert witness (i.e., Daubert motions). This

deadline may be extended only by Court Order.

B. Motions Hearings: Hearings on motions will be set, as necessary,

in the Court’s discretion. The Clerk will notify all parties of the

date and time for any hearing.

C. Briefs:

1. Supporting Briefs: Every motion shall include, or be

accompanied by, a supporting brief that includes citations

of authority and the grounds on which the motion is based,

provided however that no brief is required for those

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motions exempted from briefing under Local Civil Rule 7.2,

simple consent motions, motions to continue, and motions

to withdraw as counsel. Such motions, though, must

contain an adequate statement of the basis for the relief

sought. No supporting brief may exceed twenty (20) pages

without Court approval. Motions that do not comply with

this Order are subject to summary denial.

2. Responses: A response to a motion must be filed within

fourteen (14) days of the date on which the motion’s

certificate of service is signed. The Court generally deems

a motion to be ripe for determination upon the timely filing

of a reply but may, in its discretion, rule on a motion before

the time for either a response or a reply expires, if

warranted by the circumstances. If no response is

submitted within the time provided, the Court may grant

the relief requested, if good cause is shown. No response

brief may exceed twenty (20) pages without Court

approval.

3. Replies: A reply shall be limited to a discussion of newly

raised matters in the response and must be filed no later

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than seven (7) days after the filing of the response. No reply

may exceed five (5) pages in length without Court approval.

4. Formatting: All briefs must be double spaced and in at

least fourteen (14) point type.

D. Extensions of Time: Any motion seeking an extension of the time

to file a response or reply shall be filed prior to the expiration of

the existing deadline for the underlying motion. The moving party

must state within the motion what actions have been undertaken

to consult with opposing counsel regarding the requested

extension and must notify the Court of the views of opposing

counsel regarding the request. Motions that do not comply with

these requirements may be summarily denied.

E. Substantive Discovery Motions: Substantive discovery motions,

including motions to compel and contested motions for protective

orders, must include a statement by the movant that the parties

have conferred in good faith in an attempt to resolve the dispute

and are unable to do so. Substantive discovery motions must be

filed within the court-enforceable discovery period or may be

deemed waived. Consistent with the spirit, purpose, and explicit

directives of the Federal Rules of Civil Procedure, the Court

expects all parties to attempt in good faith to resolve discovery

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disputes without the necessity of Court intervention. Failure to do

so may result in appropriate sanctions.

III. Alternative Dispute Resolution

A. Deadline: Mediation IS ordered in this case and shall be completed

by [Date].

B. Filings:

1. The parties shall select and agree upon a mediator and

shall file a report stating the identity of the mediator

selected by [Date]. If the parties are unable to agree upon

a mediator, they shall file a report stating that they have

been unable to agree upon a mediator and the reasons for

such inability by [Date]. OR The parties have designated

_____ to serve as mediator.

2. Within seven (7) days of the completion of mediation, a

Report shall be filed that states whether all, a portion, or

none of the case has settled. The Report shall be filed by

the mediator, except that if the mediator does not have an

electronic case filing (ECF) account, then it shall be the

responsibility of Defendant(s) to file the Report for the

mediator.

IV. Trial Procedures

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A. Trial Date: Trial is scheduled to commence WITH/WITHOUT a

jury during the [Date] term. A final pretrial conference will be

scheduled in advance of this date.

B. Length of Trial: Trial is anticipated to last ### days.

C. Filings and Deadlines Prior to Trial:

1. No later than fourteen (14) days before the Final Pretrial

Conference, counsel shall:

a. File any motions in limine.

2. No later than seven (7) days before the Final Pretrial

Conference, counsel shall:

a. File any responses to any motions in limine.

3. No later than NOON on the last business day before the

Final Pretrial Conference, counsel shall:

a. Discuss the possibility of settlement;

b. Exchange and discuss exhibits;

c. File any stipulations of fact. The parties are

encouraged to stipulate to as many facts as possible to

facilitate the trial of the case;

d. File the line and page designations of any depositions

that counsel intend to introduce at trial. The parties

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should be prepared to address any objections to such

designations at the Final Pretrial Conference;

e. File trial briefs addressing all questions of law and any

anticipated evidentiary issues. Each brief shall not

exceed twenty (20) pages and shall be double spaced

and in at least fourteen (14) point type;

f. If a jury trial has been requested:

a. File a proposed verdict sheet as to any issues to

be submitted to the jury If counsel cannot agree

upon the wording of the proposed verdict sheet,

each party shall file his/her own version;

b. File proposed jury instructions. Each proposed

instruction must be separately numbered and

appear on a separate page. Also, each proposed

instruction must contain a supporting citation

as a footnote; a proposed instruction without a

supporting citation will not be considered.

Boilerplate introductory instructions are not

required.

g. If the case is a non-jury matter:

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a. File proposed findings of fact and conclusions of

law.

4. No later than fourteen (14) days before the Trial Date,

counsel shall:

a. Serve any necessary trial subpoenas. The Court may

elect not to enforce subpoenas that have not been

issued in compliance with this deadline or, if

requested, may quash such non-compliant subpoenas.

5. No later than seven (7) days before the Trial Date, counsel

shall file the following documents:

a. A witness list containing the name of every proposed

witness;

b. A statement of the education, experience, and

qualifications of each expert witness, including the

particular field in which the party intends to qualify

the witness as an expert. The statement should also

indicate whether the parties have stipulated to the

qualifications of each expert witness;

c. Stipulations

concerning

the authenticity and

admissibility of as many proposed exhibits as possible;

and

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d. An exhibit list.

D. Assessment of Jury Costs: If an action that is scheduled for a jury

trial is settled or otherwise disposed of in advance of the actual

trial, the Court may assess costs, including but not limited to

jurors’ costs, including Marshal’s fees, mileage reimbursement,

and per diem fees, equally against the parties or otherwise may

determine appropriate assessments, unless the Clerk’s Office is

notified of the disposition by 4:00 p.m. on the day before the Trial

Date or the parties otherwise establish good cause why the Court

should not assess jury costs against them.

V. Miscellaneous Provisions

A. Conflict with Local Rules: To the extent that any provision of the

Local Rules conflict with this Order, this Order shall govern.

B. Modification: This Order is subject to modification only by Order

of the Court and may not be modified by agreement of the parties

except where indicated.

C. Sanctions For Noncompliance: If any party fails to comply with any

of the requirements of this Order, the Court may impose sanctions,

as may be warranted.

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