Procedures as to Proposed Scheduling Orders and Pretrial Conferences - BP; Oral Argument Permitted for New Attorneys - BP; Civil Scheduling and Trial Orders for Jury Trials - BP

=== Procedures as to Proposed Scheduling Orders and Pretrial Conferences - BP ===

The Honorable Beth Phillips United States District Court Western District of Missouri Procedures as to Proposed Scheduling Orders As provided in Fed. R. Civ. P 26(f) and Local Rule 26.1(a), the parties shall meet to discuss settlement, make or arrange for Rule 26.1(a)(1) disclosures and develop a proposed discovery plan as required by Rule 26(f). This meeting shall take place no later than 14 days before the proposed scheduling order is due. Discovery shall commence immediately after this Rule 26(f) conference is held. The parties will be responsible for filing one, joint Proposed Scheduling Order, signed by both parties. The Proposed Scheduling Order should include: 1. 2. 3. 4. 5. 6. Indication of the length of time required for trial. Whether trial will be jury trial or bench trial Trial date: A proposed trial date. a. b. Proposed dates for adding parties. Proposed date for amending the pleadings. Discovery completion date. Dates for designating expert witnesses. Dispositive motion filing deadline. On CM/ECF, this document will be filed in your case under Other Filings – Other documents – Proposed Scheduling Order. The following chart provides guidance as to Judge Phillips’ expectations for some of your proposed dates as mentioned above. Matter Designation of Experts Discovery Completion deadline Dispositive Motions deadline Teleconference with Court to discuss status of settlement negotiations Pretrial Date Trial Date Time before trial 4 months before discovery completion deadline 6 months before trial 5 months before trial Automatically set 4-5 weeks before trial Automatically set 2 weeks before trial Typically 150 days after the deadline for filing dispositive motions Page 1 of 4 Documents to file before Pretrial Conference A pretrial conference will be set by Judge Phillips approximately two weeks before the trial date. The following documents need to be filed before the pretrial conference: 1. 2. 3. 4. 5. 6. Motions in Limine. Motions in limine shall be filed at least ten (10) days prior to the pretrial conference. Responses to motions in limine shall be filed at least three (3) days prior to the pretrial conference. Stipulation of Uncontroverted Facts. At least three (3) days prior to the date the pretrial conference is to be held, the parties shall file a stipulation of any uncontroverted facts. If no stipulated facts can be agreed upon, including facts related to the Court=s subject matter jurisdiction, the parties shall file a joint statement to that effect. Notwithstanding the fact that the time for discovery will have closed, a request to stipulate, if preserved in the record, will constitute a request for admission under Rule 36 and failure to stipulate may be subject to sanctions under Rule 37(c). Witness List. Pursuant to Local Rule 39.1, at least five (5) days prior to the date the pretrial conference is to be held, each party shall file and serve a list of all witnesses who may be called at trial. If a witness is not listed by a party, that witness will not be permitted to testify absent leave of Court and then only for the purpose of unanticipated rebuttal or impeachment. After the time for filing lists of witnesses has expired, no supplemental or amended list will be filed without leave of Court and for good cause. Exhibit List. Pursuant to Local Rule 39.1, at least five (5) days prior to the date the pretrial conference is to be held, that party will file and serve a list of all exhibits which may be offered at trial. The parties shall additionally prepare and provide to the courtroom deputy an exhibit index, with said index being prepared on a form provided by the clerk=s office. Each exhibit will be designated as either APlaintiff=s@ or ADefendant=s,@ numbered with an Arabic numeral and described following the enumeration. If an exhibit consists of more than one (1) page or part, the number of pages or parts shall be included in the description on the exhibit index. The exhibit number must be marked on each exhibit at the time of listing. It is not necessary to list exhibits to be used only for rebuttal purposes. Except by leave of Court for good cause, no exhibit will be received in evidence which is not listed by the counsel offering the exhibit. After the time for filing lists of exhibits has expired, no supplemental or amended list of exhibits will be filed without leave of Court for good cause. Stipulation as to the Admissibility of Evidence. At least three (3) days prior to the date the pretrial conference is to be held, the parties shall file a stipulation as to the admissibility of evidence, when the identification and foundation of the exhibit is not to be contested. Notwithstanding the fact that the time for discovery will have closed, a request to stipulate, if preserved in the record, will constitute a request for admission under Rule 36 and failure to stipulate may be subject to sanctions under Rule 37(c). Designation of Deposition Testimony. Ten (10) days before the date the pretrial conference is to be held, each party asserting an affirmative claim or claims for relief (plaintiff, third-party plaintiff, counterclaiming defendant, etc.), shall file and serve a designation, by page and line number, of any deposition testimony to be offered in evidence as a part of that party=s case. Page 2 of 4 7. Objections to Designated Deposition Testimony. At least ten (10) days prior to the date the pretrial conference is to be held, each party defending against an affirmative claim for relief shall file and serve: a. b. c. Any objections to proposed deposition testimony designated by any other party; A designation, by page and line number, of any deposition testimony to be offered as cross-examination to deposition testimony designated by other parties; and A designation, by page and line number, of any deposition testimony to be offered in evidence as part of that party=s case-in-chief in connection with such defense. 8. Submission of Deposition Designations. Five (5) days prior to the date the pretrial conference is to be held, each party shall serve, file and deliver to all other parties and the Court, its objections to any deposition testimony designated pursuant to subparagraphs 7. a. and b. above. The Court should receive deposition designations in the following manner: 1. 2. 3. 4. 5. The parties are to jointly submit one copy of each designated deposition. Each party is to highlight the portion of the deposition they want to designate. Highlight counter-designations as well. Each party should use a different highlight color to indicate their designations (for example, plaintiff uses yellow; defendant uses blue). Each party should also indicate their objections on the actual deposition by bracketing those portions in the margin of the deposition, again using a different color to indicate the portion to which each party objects. Each party should submit to the Court a Word version document of the Objections to Deposition Designations that you filed in CM/ECF. Send that via email to my judicial assistant at annette [email protected] 9. Jury Instructions. Three (3) days prior to the pretrial conference, the parties shall jointly submit an original (without sources) and an annotated (with sources) set of proposed jury instructions. Proposed annotated instructions shall reflect the authorities upon which the instruction is based and should be taken from or drawn in the manner of Model Civil Jury Instructions for the District of Courts of the Eighth Circuit and/or Missouri Approved Instructions (MAI) where available and appropriate. All instructions shall be designated as AInstruction No. ___@ without indicating which party proposed the instruction. Parties shall also submit instructions electronically to the courtroom deputy. The instructions should be typed in Word format. Page 3 of 4 The Court prefers to receive joint instructions from the parties. Separate instructions are appropriate only when the parties cannot agree upon a specific instruction. In that instance, counsel shall state in writing the reason for the objection with authority cited as well as an alternative instruction. The deadline for submitting objections and alternative proposed instructions is one (1) week before the date of trial. 10. 11. Trial Brief. At least five (5) days prior to the pretrial conference, counsel for each party may file a trial brief stating the factual and legal contentions for the party for whom the trial brief is filed. Voir Dire Questions. At least five (5) days prior to the pretrial conference, counsel for each party is requested to file a list of questions or topics for voir dire examination desired to be propounded by the Court. Objections to opposing party=s voir dire questions shall be filed at least five (5) days prior to trial. Settlement Deadline Unless otherwise ordered, the court imposes a settlement deadline of 12:00 Noon on the day before trial. If the case is settled after that date, the court may enter an order to show cause why certain costs should not be imposed on the party or parties causing the delay in settlement. Page 4 of 4

=== Oral Argument Permitted for New Attorneys - BP ===

Judge Phillips will consider any requests for oral argument on motions made in accordance with Local Rule 7.0(e). In addition, she will automatically grant a request for oral argument on a contested motion if the requesting party certifies that the argument will be presented by a lawyer who graduated from law school within six years prior to the motion being filed. This policy is intended to promote opportunities for new lawyers who practice before this Court to develop their oral advocacy skills. Any request for oral argument under this policy must specifically invoke this policy and must be made (1) by the filing party, on the first page of either the motion or the suggestions in support, or (2) by the responding party, on the first page of the first filing addressing the motion (the suggestions in opposition, a request for more time to respond, etc.).

=== Civil Scheduling and Trial Orders for Jury Trials - BP ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION v. Plaintiff, Defendant. Case No. 00-00000-CV-W-BP SCHEDULING AND TRIAL ORDER Pursuant to Rules 16(b) and 26(f) of the Federal Rules of Civil Procedure, and upon consideration of the parties’ views in the matter, the following schedule is hereby established: 1. TRIAL SETTING. This case is scheduled for a jury trial, commencing at 8:30 a.m., on _____________, at the United States District Courthouse in Kansas City, Missouri. 2. TELECONFERENCE. A teleconference is set at __:__ a.m./p.m., on ______________ to discuss the progress of the case and possible court ordered mediation. 3. PRETRIAL CONFERENCE. A final pretrial conference in this case will be held at __:__ a.m./p.m., on ______________, at the United States District Courthouse in Kansas City, Missouri. 4. MOTION TO AMEND PLEADINGS. Any motion to amend the pleadings shall be filed on or before ___________. 5. MOTION TO JOIN ADDITIONAL PARTIES. Any motion to join additional parties shall be filed on or before __________. 6. DISCOVERY DEADLINE. All pretrial discovery authorized by the Federal Rules of Civil Procedure shall be completed on or before . This means that all discovery shall be completed, not simply submitted, on the date specified by this paragraph. The Court will not entertain any discovery motion absent full compliance with Local Rule 37.1. In the event that a teleconference is needed, email your request to my judicial assistant at [email protected]. A memorandum of the discovery dispute, not to exceed one page in length, should be electronically submitted by each party no later than forty-eight hours prior to the teleconference. 7. EXPERT DESIGNATION DEADLINES. The plaintiff shall designate any expert witnesses it intends to call at trial on or before , and the defendant shall designate any expert witnesses it intends to call at trial on or before . This paragraph applies to all witnesses retained or non-retained from whom expert opinions will be elicited at trial. Along with each party’s designation of expert witnesses, each party shall provide the other parties with a report, pursuant to Rule 26(a)(2)(B), Fed. R. Civ. P., from each expert witness designated. Expert witnesses may testify only as to matters contained in the report described above unless leave of Court is granted upon good cause shown. With respect to treating physicians, coroners and like professionals not retained to testify for a party, the report requirements of this Order may be satisfied by providing a copy of all the treating physician’s files, records and notes relating to the treating physician’s patient to the opposing party. For the purpose of this paragraph, a “treating physician” is a doctor (including psychiatrist, dentist or other practitioner of the healing arts) retained by a party prior to retaining counsel in this matter. A treating physician will not be allowed to give expert testimony beyond the treatment provided by said physician unless designated as an expert. A treating physician 2 who will provide expert testimony beyond the treatment provided by said physician must further comply with the requirements of this Order. 8. DISPOSITIVE MOTION DEADLINE. All dispositive motions, except those under Rule 12(h)(2) or (3), shall be filed on or before . All dispositive motions shall have a separate section wherein each statement of fact is individually numbered so that any party opposing such motion may refer specifically to a genuine issue of material fact. Suggestions in opposition to a dispositive motion shall begin with a concise listing of material facts as to which the party contends a genuine dispute exists. All motions for summary judgment shall comply with Local Rules 7.0 and 56.1. 9. PRETRIAL CONFERENCE DOCUMENT DEADLINES. The documents listed below shall be filed prior to the pretrial conference. a. b. c. d. e. Motions in Limine. Motions in limine shall be filed at least ten (10) days prior to the pretrial conference. Responses to motions in limine shall be filed at least three (3) days prior to the pretrial conference. Stipulation of Uncontroverted Facts. At least three (3) days prior to the date the pretrial conference is to be held, the parties shall file a stipulation of any uncontroverted facts. If no stipulated facts can be agreed upon, including facts related to the Court’s subject matter jurisdiction, the parties shall file a joint statement to that effect. Witness List. At least five (5) days prior to the date the pretrial conference is to be held, each party shall file and serve a list of all witnesses who may be called to testify at trial. If a witness is not listed by a party, that witness will not be permitted to testify absent leave of Court and then only for the purpose of unanticipated rebuttal or impeachment. Exhibit List. At least five (5) days prior to the date the pretrial conference is to be held, each party will file and serve a list of all exhibits which may be offered at trial. If an exhibit is not listed by a party, that exhibit will not be admitted absent leave of Court. Stipulation as to the Admissibility of Evidence. At least three (3) days before the pretrial conference, the parties shall file a stipulation as to the 3 f. g. h. admissibility of evidence, when the identification and foundation of the exhibit is not to be contested. Designation of Deposition Testimony. Fifteen (15) days before pretrial conference, each party shall file and serve a designation, by page and line number, of any deposition testimony to be offered in evidence by that party. Objections to Designated Deposition Testimony and Counter Designation. At least ten (10) days prior to the pretrial conference, each party shall file and serve: 1. 2. Any objections to proposed deposition testimony designated by any other party; and A designation, by page and line number, of any deposition testimony to be offered as counter-designation to deposition testimony designated by other parties. Submission of Deposition Designations. Seven (7) days prior to the pretrial conference, each party shall file, serve, and deliver to all other parties and the Court, its objections to any deposition testimony designated pursuant to subparagraphs g. 1. and 2. above. The Court should receive deposition designations in the following manner: 1. 2. 3. 4. 5. The parties are to jointly submit one copy of each designated deposition. Each party is to highlight the portion of the deposition they want to designate, including counter-designations. Each party should use a different highlight color to indicate their designations (for example, plaintiff uses yellow; defendant uses blue). Each party should also indicate their objections on the actual deposition by bracketing those portions in the margin of the deposition, again using a different color to indicate the portion to which each party objects. Each party should submit to the Court a Word version document of the Objections to Deposition Designations that you filed in CM/ECF. Send that via email to my judicial assistant at [email protected]. 4 i. j. k. Jury Instructions. Three (3) days prior to the pretrial conference, the parties shall jointly file an annotated (with sources) set of proposed jury instructions. Proposed instructions shall reflect the authorities upon which the instruction is based and should be taken from or drawn in the manner of Model Civil Jury Instructions for the District of Courts of the Eighth Circuit and/or Missouri Approved Instructions (MAI) where available and appropriate. All instructions shall be designated as Instruction No. ___. The Court prefers to receive joint instructions from the parties. Separate instructions are appropriate only when the parties cannot agree upon a specific instruction. In that instance, the parties shall jointly submit the instructions upon which they agree. Each party shall submit its proposed version of the instructions upon which the parties do not agree, along with a written objection to the other party’s version. The instructions should also be submitted to the Court electronically, in a Word document. Send the instructions via email to my judicial assistant at [email protected]. Trial Brief. At least five (5) days prior to the pretrial conference, counsel for each party may file a trial brief stating the factual and legal contentions in the case. Voir Dire Questions. At least five (5) days prior to the pretrial conference, counsel for each party shall file a list of questions or topics for voir dire. Objections to opposing party’s voir dire questions shall be filed at least three (3) days prior to the pretrial conference. At the pretrial conference, the Court will discuss the manner in which voir dire will be conducted. In appropriate cases, the court will permit counsel for the parties to conduct questioning of the panel members. However, questions will be limited to those filed with the court, and the court will limit the amount of time each party will be permitted to conduct questioning. 10. SETTLEMENT DEADLINE. Unless otherwise ordered, the court hereby imposes a settlement deadline of 12:00 Noon on the business day before trial. If the case is 5 settled after that date, the court may enter an order to show cause why certain costs should not be imposed on the party or parties causing the delay in settlement. IT IS SO ORDERED. DATED: BETH PHILLIPS, JUDGE UNITED STATES DISTRICT COURT NOTE: This document provides a sample of what Judge Phillips’ Scheduling Order will look like when issued to the parties. This document is not to be used as parties’ proposed scheduling order that is submitted for the Court’s review. Parties proposed scheduling order should be signed by both parties and should not contain a signature line for Judge Phillips. 6