Pretrial Order and Case Management Plan; Standing Arraignment Order; Standing Order Requiring an Initial Settlement Conference in Civil Cases

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

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ___________DIVISION CIVIL ACTION NO. ______________

_____________,

Plaintiff(s),

v.

_____________,

Defendant(s). PRETRIAL ORDER AND CASE MANAGEMENT PLAN

IN ACCORDANCE WITH the Local Rules Governing Civil Cases in the Western District

of North Carolina (“Local Rules”) and pursuant to Rule 16 of the Federal Rules of Civil Procedure

(“FRCP”), the Court enters the following Pretrial Order and Case Management Plan in this matter.

For represented parties, counsel is ordered to provide a copy of this Order to each party.

SUMMARY OF CASE SCHEDULE AND DEADLINES

Rule 26 Disclosures Filing of Proposed Protective Order Joinder of Other Parties Designation of Mediator

[ Deadline date ] [ Within 45 days of PTO ] [ Deadline date ] [ Within 60 days of PTO ]

Amendment of the Pleadings

[ Deadline date ]

Expert Reports: Plaintiff[s] Defendant[s]

[ Due date ] [ Due date ]

Mediation Report Completion of Discovery

[ By discovery deadline ] [ Date (approx. 8 months after PTO)]

Filing of Dispositive Motions Trial Term

[ No later than 5 months before trial ] [ Date (approx. 14 months after PTO) ]

It is the Court’s intent that the agreed schedule set by this Order will provide sufficient time

for the parties to pursue this action with reasonable diligence. Accordingly, the parties should expect

that requests for extensions of time that are likely to lengthen the course of this action will be denied

in the absence of unusual and substantial good cause.

I. PLEADINGS AND PARTIES

A.

The parties’ deadline to amend the pleadings is __________. (presumptively at least 3

months prior to the end of discovery).

B.

The parties’ deadline to join other parties is _________. (presumptively within 60 days of

the entry of the Scheduling Order).

II. MOTIONS

A. MOTIONS AND MEMORANDA IN SUPPORT OF MOTIONS: Every motion shall be

in writing; appropriately filed with the Court; show consultation between or among counsel

in accordance with Local Rule 7.1; and include or be accompanied by 1) a brief description

of the parties and a statement of the facts relevant to the motion with appropriate citation to

the record, 2) a statement of the party’s legal argument, including citations of authority, and

3) a clear statement of the ruling or relief being requested. No memorandum need

accompany simple consent motions, motions to continue or for extension of time or motions

to related to the admission or withdrawal of counsel so long as such motions contain an

adequate statement of the basis of the relief sought. Motions not in compliance with this

Order are subject to summary denial.

B.

PROPOSED FORM OF ORDER: All pretrial motions other than motions made pursuant

to FRCP 12(b), 12(c), 23, 56 or 65(a) shall be accompanied at the time of filing by a

proposed order stating the requested relief. This proposed order must also be separately

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submitted to the Court through the CyberClerk part of the ECF system in WORD or rich

text format, which will automatically send a copy to the Court.

C.

RESPONSES AND REPLIES: Responses to motions, if any, must be filed within fourteen

days of the date on which the motion is filed. Replies to responses, if any, must be filed within

seven days of the date on which the response is filed. The Parties are advised that the Court’s

ECF system may automatically generate a due date that is different than set in this Order. In that

event, the time set by this Order controls. A party that does not intend to file a reply must promptly

inform the Court through an ECF filing. Surreplies are not allowed, but leave of Court may be sought

to file a surreply in exceptional circumstances. Parties may not file a proposed surreply, as an exhibit

to a motion seeking leave or otherwise, prior to leave being granted.

D.

EXTENSIONS OF TIME: If counsel need more than fourteen days to file a response or

seven days to file a reply, a motion for extension of time shall be filed accompanied by a

proposed order. The moving party must show consultation with opposing counsel regarding

the requested extension and must notify the Court of the views of opposing counsel on the

request. If a party fails to make the requisite showing, the Court may summarily deny the

request for extension.

E.

PAGE LIMITS, FONTS AND SPACING: The Court prefers concise memoranda of law

that directly address the relevant facts and legal issues. Unless prior permission has been

granted, the maximum length permitted for memoranda of law in support or in opposition

to a motion is twenty-five pages (inclusive of caption but excluding signatures and

certificates of counsel). Reply memoranda shall not exceed twelve pages. Parties may not

file memoranda exceeding these limits, as an exhibit to a motion seeking leave or otherwise,

prior to leave being granted. All briefs must be double spaced using the “double spaced”

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setting in WORD or comparable word processing program (not 24 point spacing) and all

text (including footnotes) must be in a proportional font of at least 12-point type.

F.

EXHIBITS: A copy of all exhibits upon which a party relies in support of or in opposition

to a motion shall be filed with the Court. However, a party may not file any exhibits which

the party does not cite in the motion or a supporting or responsive memoranda. Except as

requested by the Court, parties should not deliver “courtesy copies” of memoranda or

exhibits to the Judge’s chambers or the Clerk of Court.

G. MOTIONS DEADLINE: All motions except motions in limine and motions to continue

shall be filed no later than ________________. [ no later than 5 months prior to the

scheduled trial term]. Parties may not extend this deadline by agreement and stipulated

extensions of the completion of discovery do not extend the Motions Deadline. If a motion

for summary judgment is filed by either or both parties, then the parties shall hold a

settlement conference within fourteen days of the completion of the briefing on the motion(s)

and file a Certification of Settlement Conference as ordered below.

H. MOTIONS HEARINGS: Hearings on motions will be conducted when the Rules require a

hearing, when the papers filed in support of and in opposition to the motion do not provide an

adequate basis for decision, or when the Court determines it would aid the decisional process.

Otherwise, the Court will rule on the written record. If a party believes that oral argument

would particularly aid the decisional process, then the party should request oral argument in

its motion or response. The Clerk will notify all parties as far in advance as possible of the

date and time set for any hearing.

III. DISCOVERY

The Federal Rules of Civil Procedure require that discovery be proportionate to the needs of

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the case, considering the issues at stake, the amount in controversy, the parties’ resources, the

importance of the discovery in resolving the issues, and whether the burden or expense of the proposed

discovery outweighs its likely benefit. The Court expects the parties to follow both the letter and

spirit of the Rules governing discovery and focus their discovery requests with the intent to most

efficiently resolve the matter in dispute. The Court reserves the right to shift the costs of production

of discovery to the party requesting it when the Court determines that the request is not proportionate

or the shifting of costs is otherwise in the interests of justice. Abuse of the discovery process will not

be tolerated, and the Magistrate Judges who will oversee discovery are empowered to do so strictly

to prevent and sanction any such abuse.

A.

DISCOVERY GUIDELINES: Discovery in this case is limited as follows: each party may

propound no more than _______ interrogatories, including subparts to any other party; no

more than _______ requests for admission (excluding requests to admit the genuineness of

a document) to any other party; ________ requests for production of documents to any other

party; and take no more than ______ depositions (or a specific number of deposition hours)

of non-expert witnesses.

[The presumptive limitations on discovery are 25

interrogatories, 25 requests for admission, 30 requests for production of documents

and 8 depositions (or 40 hours of deposition time, with time allocated based on each

counsel’s questioning regardless of who noticed the deposition)].

B.

RULE 26 DISCLOSURES: The parties have agreed to exchange the information set forth

in Rule 26 by _______.

C.

RESPONSES TO INTERROGATORIES AND REQUESTS FOR ADMISSION: Every

response to an interrogatory or request for admission and every objection thereto shall be

preceded by the original number and complete text of the corresponding interrogatory or

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request for admission.

D.

THE MAINTENANCE OF DISCOVERY MATERIALS: Discovery materials are NOT

to be filed. All counsel are advised to consult the Local Rule which provides that while

depositions, interrogatories, and requests for admission, and responses thereto must still be

served on all parties, they are no longer to be filed unless upon order of the Court. The

parties are responsible for the preservation of any and all discovery materials they may

generate.

E.

VIDEO DEPOSITIONS: If video depositions are taken and counsel intend to use them at

trial, counsel are directed to resolve any objections and edit the video accordingly so that it

may be shown without interruption. Failure to do this prior to trial will result in objections

being deemed to be waived.

F.

TRIAL DEPOSITIONS: Depositions taken for the sole purpose of preserving testimony for

trial are not considered discovery for the purposes of this section provided that 1) the

witness will be unavailable for trial for one of the reasons set forth in Rule 32(a)(4) and 2)

the reason for such unavailability is that the witness resides outside the subpoena power of

this Court and the party seeking to take such deposition has failed, after making a good faith

effort, to obtain a commitment from the witness to testify at trial voluntarily, and 3) such

deposition can be concluded in time so that the portions of the deposition to be used at trial

can be designated and objections thereto resolved at the final pretrial conference, but in any

event no later than forty-five days prior to the Trial Date, absent leave of Court upon a

showing of good cause for scheduling the deposition closer to trial. Such depositions should

be presented at trial by video recording whenever possible.

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G.

PROTECTIVE ORDERS: If one or more of the parties desire entry of a protective order

with respect to discovery, then the parties are required to meet and confer and file with the

Court a joint draft proposed protective order governing discovery on or before

_____________. [within 45 days of the entry of this Pretrial Order.] If parties cannot

agree on the form of the proposed protective order then each party shall submit a proposed

protective order. When counsel submit proposed protective orders, they shall include a

provision leaving the ultimate disposition of protected materials subject to a final order

of the Court on the completion of the litigation. Protective Orders must also provide that

any motion, memorandum, document or other paper filed with the Court is presumptively

a public document and any decision of the Court regarding whether to allow any filing to

be made under seal is subject to Local Rule 6.1 and applicable law.

H.

MOTIONS TO COMPEL: A motion to compel 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. Consistent with the spirit, purpose, and explicit directives of the FRCP and

the Local Rules, the Court expects all parties and counsel to attempt in good faith to resolve

discovery disputes without the necessity of Court intervention. Failure to do so may result

in appropriate sanctions. Further, a party shall, before filing a disputed motion for an order

relating to discovery, request a conference with the Magistrate Judge in accordance with

the Judge’s preferences [the Magistrate Judge may describe a specific communication

preference here (e.g., by email, letter, joint call to chambers)]. Only when that request is

denied or an impasse is reached at the conference may the party file a contested motion for

an order relating to discovery. Such conferences may be conducted in chambers or by

conference call and need not be recorded, all in the discretion of the Magistrate Judge.

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I.

DISCOVERY COMPLETION: All discovery shall be complete no later than _______.

[the presumptive time for completion of discovery is approximately 8 months

following the entry of the Pretrial Order]. Supplementations per FRCP 26(e) shall

be due within thirty days after obtaining applicable information. Counsel are directed to

initiate discovery requests and notice or subpoena depositions sufficiently in advance of the

discovery completion deadline so as to comply with this Order. Discovery requests that

seek responses or schedule depositions after the discovery completion deadline are not

enforceable except by order of the Court for good cause shown. The parties may consent

to extensions of the discovery completion deadline so long as any such extension expires

not later than twenty-one days prior to the scheduled trial setting. If a party requests an

extension of time to respond to discovery requests or to extend the discovery deadline, the

result of consultation with opposing counsel must be stated in the motion.

J.

EXPERT WITNESSES: The Plaintiff[s] shall provide reports from its expert witnesses

pursuant to Rule 26(a)(2) by ________. Defendant[s] shall provide reports from its expert

witnesses by ___________.

IV. SETTLEMENT DISCUSSIONS

AND MEDIATION

The Court stands ready to adjudicate all cases and controversies appropriately before the

Court. However, litigation in Federal Court requires a substantial commitment of time, money and

effort notwithstanding the Court’s desire to manage the litigation efficiently. Through a negotiated

settlement of their dispute, the parties can avoid the ongoing costs and risks inherent in litigation.

Further, in a settlement the parties can agree on equitable or business solutions or accommodations

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different than or beyond those that may be ordered by the Court. Despite the many benefits of

settlement, however, some parties are unwilling to raise the topic of settlement because of a perception

that doing so will hurt their negotiating position. Accordingly, the Court orders as follows:

A.

SETTLEMENT CONFERENCES: To establish regular required settlement conferences

between the parties, the Court orders the parties and/or their counsel to meet (either in person

or by telephone) to meaningfully discuss the possibility of settling this matter at the following

points in the litigation:

1.

2. 3.

4.

Prior to the filing of the answer or other response to the complaint as set forth in the Court’s Order Requiring Initial Settlement Conference. (In the event that no Initial Settlement Conference has occurred then the parties are ordered to hold such conference within fourteen days of the entry of this Pretrial Order);

At the Initial Attorney’s Conference, as required by FRCP 26(f);

Within fourteen days of the completion of the briefing on any motion for summary judgment; and

Five weeks prior to the scheduled trial term.

B.

ADDITIONAL SETTLEMENT CONFERENCES: The settlement conferences ordered

above are not meant to limit the timing of the parties’ efforts to settle the case. Rather, the

parties are encouraged to discuss settlement at any time that might lead to a resolution of the

dispute.

C.

CERTIFICATION OF SETTLEMENT CONFERENCE: Following the Initial Settlement

Conference and the settlement conferences held after briefing on a motion for summary

judgment and prior to trial, the parties shall file a Certification of Settlement Conference

signed by each party and counsel in the form attached to the Court’s Standing Order

Requiring Initial Settlement Conference. The parties are not required to file a certification

of any additional settlement discussions they may have.

D.

MEDIATION: In addition to the settlement conferences ordered above, the parties are

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ordered to conduct a mediation [or other approved ADR process]. The timing for

completing mediation and filing a report on the results is in the parties’ discretion but shall be

completed no later than ___________. [date ordered for the completion of discovery]

E.

SELECTION OF MEDIATOR: The parties shall select the mediator and notify the Court of

their selection within 60 days of the entry of this Order.

V. TRIAL

A.

TRIAL DATE. A [trial by jury] or [trial by the Court] is scheduled for _________.

(trial term will be set approximately 14 months after the Pretrial Order is entered;

however, if the parties do not expect to file summary judgment motions then the trial

may be scheduled sooner). The parties estimate that the total time needed for trial will be

approximately _________ days. The parties are advised that the length of the trial, which

may well be shorter than the parties’ current estimate, will ultimately be set by the Court at

the pretrial conference.

B.

TRIAL SUBPOENAS: Counsel must subpoena all witnesses at least fourteen days before the

trial date. The Court may elect not to enforce subpoenas that have not been issued in

compliance with this deadline or, if requested, may quash subpoenas that have not been

issued in compliance with this deadline.

C.

PRETRIAL SETTLEMENT CONFERENCE: At least five weeks before the trial date the

parties shall hold a settlement conference as ordered above and file a Certification of

Settlement Conference.

D.

COUNSEL’S DUTIES PRIOR TO TRIAL: At least four full weeks before the trial date,

counsel for all parties shall:

1.

Exchange copies of exhibits or permit inspection if copying is impractical;

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2.

3.

Number and become acquainted with all exhibits;

Exchange a list of witnesses expected to be called at trial (which is non-binding but

must be prepared in good faith);

4.

Agree upon stipulations of fact and file them with the Court. The parties are

encouraged to stipulate to as many facts as possible to facilitate the trial of the case;

5.

In all jury cases or with respect to all issues to be tried to a jury, file with the Court

a trial brief stating the issues to be tried and addressing all questions of law and any

anticipated evidentiary issues;

6.

In all non-jury cases or with respect to all issues to be tried to the Court, file

proposed Findings of Fact and Conclusions of Law; and

7.

File motions in limine, which shall have an expedited briefing schedule as follows:

the response to a motion in limine shall, unless extended by the Court for good

cause shown, be filed within 10 days and replies, if any, must be filed within 4

days of the response. (Note: these due dates will likely be shorter than the due date

automatically generated on the docket, which should be disregarded).

E.

FURTHER PRETRIAL FILINGS: At least fourteen days before the trial date, counsel for

the parties shall file with the Court the following documents, which are described below:

1. Requested questions for voir dire (prepared jointly);

2. Proposed jury instructions (prepared jointly); and

3. Deposition testimony a party intends to offer as evidence at trial. Counsel should not

file deposition designations for any witness that a party plans to have testify in person

or who is unlikely to testify at all. In the event that a witness expected to appear is

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unexpectedly unable or unwilling to appear or a witness’ deposition testimony

becomes unexpectedly necessary then counsel will be given a reasonable opportunity

to file deposition designations for that witness.

F.

PROPOSED JURY INSTRUCTIONS: If a jury trial has been requested, counsel must

prepare and jointly submit a single compilation of proposed jury instructions that are

narrowly tailored to the anticipated issues arising at trial (e.g., the elements of the claims and

defenses at issue), subject to supplementation at the close of evidence, as necessary, as

contemplated by FRCP 51. Counsel shall identify and index each proposed instruction by

number and heading and support each proposed instruction with adequate legal authority. A

proposed instruction without a supporting citation may not be considered. Counsel should

number each proposed instruction and shall submit each proposed instruction on a separate

page. Where there is disagreement as to any instruction, this jointly prepared submission

shall disclose the basis for the party’s objection and (if applicable) provide a proposed

alternate instruction. Counsel should not simply send the Court a collection of pattern jury

instructions that have not been conformed to the particular case. Also, standard pattern

introductory instructions are not required to be submitted. In addition to filing the joint

proposed jury instructions electronically, counsel should electronically send to the Court’s

chambers a copy of the proposed instructions in a document prepared or compatible with a

standard word processing program, preferably Microsoft Word.

G.

JURY VOIR DIRE: Counsel should prepare and jointly file with the Court a single

compilation of voir dire questions that they propose for the Court to ask prospective jurors,

noting any party’s objection, to each proposed question. The Court, after consideration of

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the requests for voir dire submitted by counsel, shall conduct jury voir dire pursuant to FRCP

47(a), which may, at the Court’s discretion, include a short period (e.g., 10 minutes) for

counsel to participate in voir dire (without arguing their case). Counsel will be given an

opportunity to submit additional voir dire for the Court’s consideration based on the

responses of the potential jurors. As with the proposed jury instructions, in addition to filing

the joint proposed voir dire questions electronically, counsel should electronically send to

the Court’s chambers a copy of the proposed questions in a document prepared or compatible

with a standard word processing program, preferably Microsoft Word.

H.

DEPOSITION TESTIMONY: For the deposition testimony required to be filed with the

Court as discussed above in E.3, the parties must prepare and submit the testimony to the

Court as follows:

1. The party originally offering the testimony shall highlight in yellow all portions

of the deposition testimony it will seek to have admitted;

2. That party shall then provide the highlighted copy to the opposing party;

3. The opposing party shall highlight in a different color all portions of the

deposition testimony it will seek to have admitted;

4. The opposing party shall then list briefly in the margins, directly adjacent to the

relevant testimony, any objections it has to that testimony (e.g., 401, hearsay);

5. The opposing party shall then return the document to the party originally offering

the testimony, who will note on the transcript any objections to the opposing

party’s highlighted portion; and

6. The parties shall prepare a document that consecutively lists all the testimony in

each deposition being objected to by either party along with a very brief

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description of the nature of the objection (e.g., “Relevance,” “Hearsay,” “Rule

403,” “Rule 408”) and a blank line or box where the Court can rule on the

objection.

The party originally offering the testimony shall then file the highlighted depositions and

summary document with the Clerk of Court. Also, in addition to the electronic filing, counsel

should deliver to the Court’s chambers two courtesy copies of the highlighted deposition

testimony and electronically send the Court’s chambers a copy of the summary document

listing the objections prepared or compatible with a standard word processing program,

preferably Microsoft Word.

I.

FINAL PRETRIAL CONFERENCE: The Court will likely schedule a final Pretrial

Conference after the filings described above to consider the parties’ motions and objections,

inquire about the potential settlement of the matter and otherwise prepare for trial.

J.

WITNESSES AND EXHIBITS : No later than 2p.m. two business days immediately

preceding the first day of trial (i.e. by 2 p.m. Thursday if trial is to begin on a Monday ) [or

earlier if agreed between the parties], counsel for each party shall file with the Clerk of Court

via CM/ECF the following:

1. A witness list containing the name of every proposed witness;

2. A statement of the education, experience, and qualifications of each expert

witness, unless the parties have stipulated to the qualifications of each expert

witness;

3. Stipulations concerning the authenticity of as many proposed exhibits as possible;

and

4. An exhibit list.

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K.

EXHIBITS: Parties are expected to use presentation technology available in the courtroom

to display evidence to the jury. Training on the equipment should be arranged well in

advance of trial with the Courtroom Deputy. See “Courtroom Technology” link on the District

website at www.ncwd.uscourts.gov. Counsel shall provide in electronic format any exhibits

of documents, photographs, videos, and any other evidence that may be reduced to an

electronic file, for the use of Court personnel and the Court’s Jury Evidence Recording

System (JERS) during trial. Documents and photographs shall be in .pdf, .jpg, .bmp, .tif, or

.gif format; video and audio recordings shall be in .avi, .wmv, .mpg, .mp3, .wma, or .wav

format. Each electronic exhibit shall be saved as a separate file, and provided to the Court

on a storage device, such as cd, dvd, or flash drive.

Exhibit files shall be named consistent with their order and name on the exhibit list. For

example:

Exhibit 1 - photograph of . . . Exhibit 2(a) - contract

Exhibit 2(b) - video deposition of . . .

L.

FORMAT FOR EXHIBIT LIST: In preparing the exhibit list, counsel shall separately

identify and number each exhibit, shall arrange the list numerically by exhibit number, and

place the following headings on the exhibit list:

Exhibit #

Description

Identified by

Admitted

It is not necessary for counsel to make entries in either the "Identified by" column or the

“Admitted” column. Counsel shall also provide an electronic copy of the exhibit list with

the electronic exhibit files.

M.

EXHIBIT NOTEBOOKS: If counsel for any party intends to tender more than fifteen

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documentary exhibits, counsel for that party shall prepare two identical exhibit notebooks,

or sets of exhibit notebooks, containing only those exhibits listed on the party’s exhibit list.

Exhibits which are voluminous (unless of particular importance) or which have a very low

likelihood of being introduced even though they have been included on the party's exhibit

list should not be included in the exhibit notebooks. The exhibit notebooks shall contain an

index of the exhibits and a copy of each exhibit. Counsel shall tab each exhibit separately

(i.e., no group exhibits) and shall numerically arrange each exhibit notebook or set of exhibit

notebooks. The exhibit notebooks are necessary so that the witness and the Court may each

have a set of exhibit notebooks in the event that technical difficulties prevent the parties from

presenting their exhibits electronically. The parties may seek leave of Court to waive the

requirement of exhibit notebooks where hard copies of the proposed exhibits would be overly

voluminous or otherwise unwieldy.

N.

ASSESSMENT OF JURY COSTS: Whenever a civil action scheduled for a jury trial is

settled or otherwise disposed of in advance of the actual trial, the Court may assess all jury

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 at least one full business day prior to the date on which the action is scheduled

for trial or the parties establish good cause why the Court should not assess jury costs against

the parties. When any civil jury trial is settled at trial in advance of the verdict, the Court

likewise may make the same assessments unless the parties establish good cause why the

Court should not do so.

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VI. SANCTIONS FOR FAILURE TO COMPLY WITH THE PRETRIAL ORDER

Failure to comply with any of the provisions of this Order which causes added delay or

expense to the Court may result in the imposition of sanctions as provided by the Federal Rules of

Civil Procedure.

SO ORDERED.

______________________________________

Signature of Magistrate or District Court Judge

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=== Standing Arraignment Order ===

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE AND STATESVILLE DIVISIONS

STANDING ARRAIGNMENT ORDER AND STANDING ORDERS GOVERNING CRIMINAL CASES BEFORE THE HONORABLE KENNETH D. BELL

DOCKET NO.: 5:19-mc-6

This Order is effective as of May 9, 2025, and shall apply to all criminal cases assigned to the docket of the Honorable Kenneth D. Bell.

STANDING ARRAIGNMENT ORDER

The Defendant has acknowledged receiving a copy of the Indictment, has stated an understanding of the pending charges against him/her, and has entered a plea of:

(x) NOT GUILTY and requested a jury trial; ( ) NOT GUILTY and waived his/her right to a jury trial; ( ) GUILTY.

Wherefore, the Defendant and defense counsel are hereby advised that:

STANDING ARRAIGNMENT AND ORDERS GOVERNING CRIMINAL CASES

1.

Initial Trial Setting. Upon the entry of a not guilty plea, a case will be calendared for either: (1) the Court’s next Criminal Term; but (2) if the Court’s next Criminal Term is less than thirty (30) days from the date of the arraignment, the magistrate judge is authorized to grant a single continuance. Any objection to this continuance must be made at the time of arraignment or written waiver of arraignment will be deemed waived. Defendant and counsel will be notified of the specific date, location, and time to appear.

2. Plea Changes. If Defendant wishes to change this plea, he/she must advise the Clerk of

Court and the U.S. Attorney in writing.

3. Plea Changes at Trial. If a jury is summoned for Defendant’s trial only, and the Defendant changes the plea to guilty on the day of the trial, Defendant may be charged with the cost of the jury.

4. Plea Agreements. Plea Agreements must be filed with the Clerk of Court no later than

twenty-eight (28) days before the term at which the case is scheduled to be tried.

5. Pretrial Motions. All motions required to be made under Rule 12(b)(3) of the Federal Rules of Criminal Procedure, including motions to dismiss and motions to suppress evidence, and accompanying supporting memorandum of law, must be in writing and must be filed within sixty (60) days from the date of this Arraignment Order, or the date on which counsel is appointed or makes a general appearance, whichever occurs last. Other pretrial motions, including motions in

Rev. 4/25

limine, shall be filed no later than twenty-eight (28) days prior to the term at which the case is scheduled to be tried, with Responses due seven (7) days later. Motions not timely filed will be summarily denied. The Parties are advised that the Court’s ECF system may automatically generate a “due” date that is different than set in this Order. In that event, the timeframe set by this Order controls.

6. Motions to Continue. Motions to continue trial shall be filed no later than twenty-eight

(28) days prior to the term at which the case is scheduled to be tried.

7. Motions for Subpoenas. Motions for issuance of subpoenas at government expense under Fed. R. Crim. P. 17(b), must be filed no later than fourteen (14) days before the term at which the case is scheduled to be tried.

8. Proposed Jury Instructions; Voir Dire; Verdict Sheets. Proposed jury instructions, voir dire, and verdict sheets shall be filed and emailed to chambers in Word documents, no later than fourteen (14) days prior to the term at which the case is scheduled to be tried.

a. Counsel must prepare and jointly submit a single Word document of proposed jury instructions that are narrowly tailored to the anticipated issues arising at trial, subject to supplementation at the close of evidence. A proposed instruction without a supporting citation will not be considered. Counsel should number each proposed instruction and shall submit each proposed instruction on a separate page. Where there is disagreement as to any instruction, this jointly prepared submission shall disclose in a footnote the basis for the party’s objection and (if applicable) provide a proposed alternate instruction. Standard pattern introductory instructions are not required to be submitted.

b. Counsel is not required to submit jointly proposed voir dire or verdict sheets.

9. Mistrial. In the event of a mistrial, further pretrial motions must be filed within thirty

(30) days of declaration.

10. Presentence Investigation Report. Objections to the PSR must be served not later than fourteen (14) days after receipt of the PSR. See Fed. R. Crim. P, 32(f)(1). An extension of up to seven (7) days may be granted at the discretion of the United States Probation Office; otherwise, extensions of time may be obtained only upon written motion to the Court. Each objection to a PSR shall:

a. Specify the page and paragraph of the PSR to which the objection applies;

b.

c.

Include a proposed amendment or modification to the language of the relevant paragraph of the PSR; and

Include a statement as to how the calculations of the defendant’s offense level and/or criminal history will be affected if the objection is allowed, including calculations of the resulting Guidelines ranges for imprisonment and fines.

Rev. 4/25

11. Motions for Departure/Variance; Sentencing Memoranda. Any motion for a departure or variance from the advisory Sentencing Guidelines range, as well as any sentencing memorandum counsel may wish to submit for the Court’s consideration, must be filed not later than eight (8) days before the sentencing date, with any memorandum in opposition due not later than three (3) days before the first day of the term.

Signed: May 9, 2025

Rev. 4/25

=== Standing Order Requiring an Initial Settlement Conference in Civil Cases ===

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA DOCKET NO. 5:19-MC-5

IN RE:

STANDING ORDER REQUIRING AN INITIAL SETTLEMENT CONFERENCE IN CIVIL CASES ASSIGNED TO THE HONORABLE KENNETH D. BELL

THIS STANDING ORDER shall apply to all adversarial civil actions assigned to the

Honorable Kenneth D. Bell; however, cases involving review of a previously developed record,

such as habeas corpus (including claims pursuant to 28 U.S.C. §2255), bankruptcy appeals, and

social security appeals are not subject to this Order. If counsel are unsure whether this Order

appropriately applies to an action, then the parties should promptly seek relief from or clarification

of this Order.

Rule 1 of the Federal Rules of Civil Procedure (“FRCP”) provides that the Court and the

parties should conduct the litigation of all civil actions filed in the United States district courts to

“secure the just, speedy, and inexpensive determination” of those actions. Fed. R. Civ. P. 1. While

the Court stands ready to adjudicate all cases and controversies appropriately before the Court,

most cases are ultimately resolved not by the Court but rather through the parties’ voluntary

settlement of the case.

There are many reasons for these settlements. A lawsuit in a United States District Court

requires a substantial commitment of time, money and effort notwithstanding the Court’s desire to

manage the litigation efficiently. Through a negotiated settlement of their dispute, the parties can

avoid the ongoing costs and risks inherent in a legal action as well as the emotional toll that often

accompanies lengthy litigation. Further, in a settlement the parties can agree on business solutions,

accommodations or equitable relief different than or beyond that which may be ordered by the

Court, even if a party is successful in the party’s claims or defenses.

Despite the many benefits of settlement, particularly early in a case before substantial costs

have been incurred and positions have hardened, some parties are unwilling to raise the topic of

settlement because of a perception that doing so might somehow disadvantage them in the

settlement negotiations. This reluctance to discuss settlement unnecessarily prolongs the case.

Based on these facts, the Court finds that, consistent with both the letter and spirit of FRCP

Rule 1, it is in the interests of the parties and the Court to require that the parties participate in a

settlement conference prior to the filing of an Answer or other response (such as motion to dismiss

under FRCP Rule 12) to establish an early opportunity for the parties to resolve the action.

Accordingly, the Court hereby ORDERS that:

1. The parties and/or their counsel meet either in person or by telephone to

meaningfully discuss the possibility of settling this matter prior to the filing of an

Answer or other response to the Complaint. Because the Plaintiff may not know

the identity of counsel for the Defendant, the Defendant or Defendant’s counsel is

responsible for initiating a communication to arrange the settlement conference

mandated by this Order. (In the event there are multiple Defendants represented

by different counsel, the Defendants’ counsel should collectively arrange for a

communication to the Plaintiff’s counsel (or the Plaintiff if unrepresented ;

2. The parties jointly prepare a Certificate of Settlement Conference in the form

attached to this Order to inform the Court of the results of their settlement

discussions. The Certificate must be signed by both the party and counsel, and the

signature of the party certifies that the party has received a copy of this Order and

has either participated in directly or conferred with counsel in detail regarding the

settlement discussions.

3. The parties must file the Certificate with the Court prior to or together with the

Defendant’s Answer or other response to the Complaint.1 Defendant shall not,

however, delay the timely filing of an Answer or other response to the Complaint

because of the failure of the parties to sign the Certification. (In the event that the

Defendant is unable to timely file the Certification, Defendant shall file a brief

notice with the Court describing the reason for the delay or the parties should jointly

move for leave to extend the time for filing the Certification); and

4. The Plaintiff is required to serve a copy of this Order on the Defendant(s) together

with the service of the Summons and Complaint.

Signed: July 16, 2019

1 While either party may file the Certification, as a practical matter the Defendant will be most knowledgeable about the timing of the responsive pleading or motion and thus is likely to be in the best position to make a timely filing if the case is not resolved.

FOR THE WESTERN DISTRICT OF NORTH CAROLINA

CIVIL ACTION NO:

DIVISION

Plaintiff,

v.

Defendant. CERTIFICATE OF SETTLEMENT CONFERENCE

The parties to this action hereby certify that they have met in person and/or by telephone

and discussed in good faith if this matter can be resolved without the need for further proceedings in this Court. The results of those settlement negotiations are:

The parties have agreed to resolve this case by a voluntary settlement. A notice of dismissal of the action will be filed within 14 days.

The parties have not yet reached a settlement but believe they may be able to do so through a Mediation or the assistance of the Court. The Mediator selected by the parties is ____________________. The parties request a stay of this action for up to _______ to conduct the Mediation and/or engage in additional settlement discussions. [Applicable only for the Initial Settlement Conference].

The parties have not yet been able to resolve this case through a voluntary settlement.

[signature for Plaintiff(s)’ counsel]

[signature for Defendant(s)’ counsel]

[signature for Plaintiff(s)]*

[signature for Defendant(s)]*

*A party’s signature certifies that the party has received a copy of the Court’s Standing Order Requiring an Initial Settlement Conference and has either participated in directly or conferred with counsel in detail regarding the settlement discussions between or among the parties.