Pronouns in the Courts; Case Management Order Template; Trial Management Order Template

=== Pronouns in the Courts ===

UNITED STATES DISTRICT COURT DISTRICT OF OREGON PRONOUNS AND THE COURTS Prepared by U.S. Magistrate Judge Mustafa T. Kasubhai (he/him) Why do this? Respectfully acknowledging an attorney's, litigant's, witness', or juror's gender identity with the appropriate pronoun and honorific in court affirms everyone's dignity, cultivates fairness and equal treatment, the appearance of the same, and earns the public's trust and confidence. While Court decorum is necessarily formal, it need not exclude people from being seen and heard. Yes, it can be hard to find the language, but it gets easier and more natural with practice. Modify these suggestions to make them your own and commit to using these practices consistently. What to Say in Person 1. Introducing yourself in a meeting: My name is Judge _____ and my pronouns are ______. 2. Rule 16 Conferences and Oral Argument: "Thank you for being available to discuss [subject matter] today. I'd like counsel to please introduce yourselves including giving me your full name and your honorific, such as Ms. Mx. or Mr. so I can address you respectfully throughout our meeting today." 3. Criminal Docket: Before calling the first case, give the general instruction, "I'd like counsel to introduce themselves giving me your full name and your honorific, such as Ms., Mx., or Mr., and if your client will be making an appearance, I ask you to please introduce them to the Court by giving me their full name and their honorific, such as Ms., Mx., or Mr." 4. Trial: When walking attorneys through trial protocols, advise attorneys to "please be sure to introduce clients and witnesses with their honorifics so that I can be sure to address them respectfully throughout the trial." 5. Jury Selection: "Good morning, members of the public. My name is Judge ________ and my pronouns are ______. I'd like each of you to introduce yourselves by giving me your full name. Please be sure to give me your honorific, such as Ms., Mx., or Mr., so that I can respectfully address you throughout our time together." What to say when you err and realize it in the moment. "I have erred and I am sorry for doing so. Can you tell me how I can respectfully address you today when I use your last name?" When someone does not give an honorific or pronoun after you have asked, then assume the pronoun or honorific. Compelling anyone to identify their pronouns at a time when they do not feel safe for any reason undermines the inclusive purpose of this practice. U.S. District Court – Oregon Revised on October 13, 2022 Pronouns and the Courts Page 1 of 2 Language in Orders and Other Documents 1. Case Management, Trial Management, Mediation, and other Scheduling Orders: "Pronoun Usage. The parties and counsel are encouraged to advise the Court of their pronouns and honorifics (such as Mx., Ms., or Mr.). People appearing before this Court may provide their pronouns and honorifics in writing or orally when appearing for conferences, hearings, or trials. Attorneys are encouraged to identify their pronouns and honorifics in their signature lines when submitting documents for filing. Parties and counsel are instructed to address each other in all written documents and court proceedings by those previously identified pronouns and honorifics." 2. Website: include your pronouns next to your name. For example, see ord.uscourts.gov/kashubhai 3. E-mail Signature: 1. Look for pronouns and honorifics in email signature lines and use those pronouns and honorifics. 2. Include your pronouns and honorific. For example, 4. Signature byline in all published and unpublished opinions: U.S. District Court – Oregon Revised on October 13, 2022 Pronouns and the Courts Page 2 of 2

=== Case Management Order Template ===

UNITED STATES DISTRICT COURT DISTRICT OF OREGON Case No. 6:XX-cv-XXXXX-MTK CASE MANAGEMENT ORDER [Plaintiff Name], Plaintiff, v. [Defendant Name], Defendant KASUBHAI, United States District Judge: I. General Directions A. Documents All documents described below shall be filed using the District Court’s CM/ECF system. Please contact the Courtroom Deputy at [email protected] with questions you may have. B. Pronoun Usage The parties and counsel are encouraged to advise the Court of their pronouns and honorifics (such as Mx., Ms., or Mr.). People appearing before this Court may provide their pronouns and honorifics in writing or orally when appearing for conferences, hearings, or trials. Attorneys are encouraged to identify their pronouns and honorifics in their signature lines when Page 1 — CASE MANAGEMENT ORDER submitting documents for filing. Parties and counsel are instructed to address each other in all written documents and court proceedings by those previously identified pronouns and honorifics. II. Scheduling A. Rule 26(f) Report/Rule 16 Conferences Within 21 days after all Defendants have filed answers, the parties are ordered to jointly submit a Rule 26(f) report which includes, at minimum, proposed dates for close of fact and expert discovery, dispositive motions, and joint ADR report and pretrial order. Parties are advised that the Court typically expects discovery to be complete within 120 days of the scheduling order, with dispositive motions due 150 days from the scheduling order. Should the parties propose a different timeline, the parties’ reports must explain with sufficient detail why additional time is needed in their case. The Court will consider the parties’ Rule 26(f) report and, if it agrees with the proposed deadlines, will enter a scheduling order adopting them in lieu of holding a Rule 16 conference. If the parties are unable to agree on case deadlines, or if the Court otherwise deems such a conference necessary upon review of the parties’ submission, it will schedule a Rule 16 conference. B. Trial Setting The Court generally does not schedule trial until after the dispositive motion deadline has passed and any such motions have been resolved. After setting the trial date, the Court will enter a Trial Management Order that sets out the dates on which all pretrial documents are due. Pretrial conferences are generally held in person. C. Motions for Extension of Time Motions for extension—even when unopposed—must be timely and supported by good cause. Thus, absent exigent circumstances, a motion to extend case or briefing deadlines must be Page 2 — CASE MANAGEMENT ORDER received at least five days before the current deadline and must include an explanation of good cause for the extension. III. Discovery Issues The Court expects to handle discovery disputes informally and discourages parties from filing formal discovery motions, which take extra time and resources to resolve. In the event the parties have a dispute, they should first e-mail a brief summary of the dispute to the Courtroom Deputy at [email protected]. If the dispute cannot be resolved by e-mail correspondence, a telephonic hearing to discuss the matter will be scheduled on an expedited timeline. IV. Motion Practice A. Oral Argument Oral argument is not automatically scheduled. The parties will be contacted if, after reviewing the briefing, the Court determines oral argument will be helpful in resolving the motion. B. Summary Judgment The Court strongly encourages parties to only seek summary judgment on issues the moving party legitimately believes involve no question of material fact or that raise significant dispositive legal issues. This level of consideration will avoid unnecessarily delaying the resolution of the case, drawing down client resources, as well as the Court’s resources. Accordingly, a moving party’s argument in favor of summary judgment should be well supported by citations to the record, which should be either to the paragraph numbers of affidavits and declarations or to the page number of any deposition excerpts. Parties are required to submit copies of all documents in an organized fashion. Page 3 — CASE MANAGEMENT ORDER C. Judge’s Copies Except for those documents identified in the Trial Management Order, parties are exempt from Local Rule 5-8 with regard to providing the Court with paper “Judge’s Copies.” D. Hyperlinks Counsel shall hyperlink the cases they cite in their briefs. For information on inserting hyperlinks in CM/ECF, see Section 5 of the CM/ECF User Manual. V. Consent to Magistrate Judge The parties are encouraged to consider consenting to a Magistrate Judge. The District of Oregon has a committed practice and governance plan that recognizes the significant, meaningful, and equal contribution to the district court’s work by both Magistrate Judges and District Judges. This Court considers all judges in the District of Oregon to be of equal caliber and capability in managing and deciding all cases within its jurisdiction. Additionally, because of their schedules, Magistrate Judges are often able to accommodate a trial setting earlier than this Court may be able to. For more information, see https://www.ord.uscourts.gov/index.php/court- info/consenting-to-magistrate-judge-jurisdiction. VI. Settlement Conferences Requests to schedule a settlement conference can be directed to the Courtroom Deputy [email protected]. The Court encourages the parties to explore settlement at any stage of litigation and will assist in locating a settlement judge. VII. Opportunities for New Lawyers The Court strongly encourages litigants and law firms to be mindful of opportunities for new lawyers (attorneys practicing less than seven years) to conduct hearings before the Court in tandem with more experienced attorneys, especially where new lawyers drafted or significantly Page 4 — CASE MANAGEMENT ORDER contributed to motions and responses. These opportunities include oral argument as well as witness examination. It is important to provide new lawyers with substantive speaking opportunities to gain experience in court, as the benefits of such experience accrue to the new lawyer, clients, and the legal profession in general. However, when having a new lawyer appear solo may not be appropriate, an experienced attorney may supplement a new lawyer’s arguments and questions with their own as needed. VIII. Self-Represented (pro se) Parties Parties proceeding pro se (representing yourself without a lawyer) should refer to the District of Oregon’s “Handbook for Self-Represented Parties” for helpful information. IX. Pro Hac Vice Attorneys admitted pro hac vice and their Oregon counsel should read and be familiar with the Court’s Local Rules and general litigation practices. IT IS SO ORDERED. DATED this _____ day of __________ 2025. s/ Mustafa T. Kasubhai MUSTAFA T. KASUBHAI (he/him) United States District Judge Page 5 — CASE MANAGEMENT ORDER

=== Trial Management Order Template ===

UNITED STATES DISTRICT COURT DISTRICT OF OREGON Case No. 6:XX-cv-XXXXX-MTK ■- TRIAL MANAGEMENT ORDER [Plaintiff Name], Plaintiffs, v. [Defendant Name], Defendant. KASUBHAI, United States District Judge: In preparation for the pretrial conference and jury trial in this case the Court sets the following dates and deadlines: 1. 2. - - - - Pretrial Conference: [Date] at [Time], before Judge Kasubhai in Courtroom #1. Jury Trial: Beginning [Date], in Judge Kasubhai’s Courtroom #1. The trial is scheduled for [number of days/weeks]. The trial date is a firm date and will be continued only in unusual 1111 - and unforeseen circumstances. 3. Pretrial Material Filing Deadlines: a. 28 days before pretrial conference (September 1, 2024): (1) Plaintiff’s exhibit lists with copies of exhibits to chambers. The exhibit lists shall be filed with the Court. The exhibits themselves shall not be filed, but instead provided directly to chambers. Page 1 — TRIAL MANAGEMENT ORDER (2) Plaintiff’s witness statements including Plaintiff’s expert reports if not previously provided. (3) Pretrial order unless waived by the parties with leave of the Court. b. 21 days before pretrial conference (September 8, 2024): (1) Defendants’ exhibit lists with copies of exhibits to chambers. The exhibit lists shall be filed with the Court. The exhibits themselves shall not be filed, but instead provided directly to chambers. (2) Defendants’ witness statements including Defendants’ expert reports if not previously provided. (3) All deposition designations (see deposition procedures below). (4) Trial memoranda. Provide a brief summary of all material factual and legal contentions along with the elements of each claim and any defenses. Trial memoranda are limited to 15 pages unless a party seeks leave of the Court. The parties may request waiver of trial memoranda in factually simple cases or in cases where the issues in the case were adequately summarized during motion practice. (5) Proposed verdict forms. (6) Proposed jury instructions. a. Joint proposed jury instructions. The parties, following conferral, shall identify and submit all agreed upon instructions as “joint” instructions. b. Contested jury instructions. If the parties disagree as to the form or content of any instruction, the parties shall jointly file, in a separate document from the “joint” instructions, alternate proposed instructions Page 2 — TRIAL MANAGEMENT ORDER along with each party’s brief argument as to the need for the proposed alternate instruction. c. Form of jury instruction submissions. Each instruction, including any model instruction, shall be on a separate sheet of paper citing any relevant authority. In addition to filing these items with the Court, jury instructions and verdict forms must also be emailed to the Court at [email protected]. Any modification of model instructions should be clearly shown by using bold font or underlining. (7) Neutral Statement of the Case. The parties shall confer on a proposed neutral statement of the case and submit it jointly if agreement is possible. c. 14 days before pretrial conference (September 15, 2024): (1) Motions in limine. Do not file motions in limine that are pre-emptive in nature regarding opposing counsel’s obligations under the code of professional conduct or the rules of evidence. Do not file broad requests that are not specific to the evidence in the case (e.g., “motion to preclude hearsay” or “motion to prevent counsel from arguing law in opening statement”). (2) Objections to exhibits, witnesses, deposition designations, verdict form, and jury instructions. Objections to witnesses and exhibits must be specific and complete and must identify the exhibit or witness. Responses to objections must be sufficiently specific to enable the Court to provide a ruling.1 1 Example: Plaintiff objects to exhibit 201 (plaintiff’s employment application) on grounds of relevance. Plaintiff has stipulated to the effective date of her employment. Response: Defendant Page 3 — TRIAL MANAGEMENT ORDER (3) A joint list of exhibits the parties stipulate will be admitted. d. 7 days before pretrial conference (September 22, 2024): (1) Responses to motions in limine; (2) Responses to objections to exhibits, witnesses, deposition designations, verdict form, and jury instructions. (3) A chart listing all objections and motions in limine that require a ruling from the Court. This must be prepared in Microsoft Word format and emailed to [email protected]. Do not e-file this document. Please use the below format for this e-mail submission: Exhibit number, witness name, or Motion in Limine number Objection and/or applicable rule. (this should not exceed two sentences) 4. Procedures: Except as otherwise noted above, the original and one copy of all trial documents shall be filed with the Court and copies served on all parties. Each item submitted to the Court shall be a separately captioned and stapled document; do not staple different items together. Failure to comply with the Court’s deadlines, procedures or instructions may result in the preclusion of such evidence from trial or other sanctions as appropriate. a. Exhibits and Exhibit Lists: Plaintiff’s exhibits should be numbered and listed starting with “1.” Defendants’ exhibits should be numbered and listed starting with “201.” The offers this exhibit solely for the limited purpose of establishing that when she applied, plaintiff requested a swing shift assignment. This evidence constitutes impeachment of plaintiff’s anticipated direct testimony that her transfer from a day to night shift constituted an adverse action. Page 4 — TRIAL MANAGEMENT ORDER case number should be printed on each exhibit sticker. If there are multiple parties or more than 200 exhibits per party, contact the courtroom deputy for number assignments. If any exhibit is replaced by a revised version, the replacement exhibit shall be denoted with a letter suffix (e.g., exhibit 101A would replace exhibit 101) or else with a new assigned number. Photographs, charts, and the like will be individually numbered unless they are of a specific set, in which case they will be given a lead number, with sequential destinations 50a, 50b, etc. Exhibit lists must be complete and reflect all exhibits presented at trial. Copies of each numbered exhibit shall be supplied to the Court and opposing counsel. Original exhibits shall be submitted at the time of trial in compliance with this order. Both the original and the judge’s copies of exhibits shall be three-hole punched and placed into binders with clearly marked index tabs. Parties must seek leave of the Court to file supplemental exhibits after the exhibit deadline set forth above unless there is a joint agreement. Any proposed supplemental exhibits must be separately captioned and include a supplemental or revised exhibit list. b. Witnesses: (1) General Directions: The parties and counsel are encouraged to advise the Court in their pre-trial submissions of their pronouns and honorifics and the pronouns and honorifics of any witnesses they intend to call. Parties and counsel are instructed to address witnesses in all written documents and court proceedings by those identified pronouns and honorifics. (2) Lay Witnesses: List all parties, corporate representatives and other witnesses to be called, showing names and occupations if relevant. If the witness will testify consistent with deposition testimony, simply indicate that. If a witness will testify to Page 5 — TRIAL MANAGEMENT ORDER anything outside of deposition testimony, submit a statement setting forth the complete substance, not just the subject of the testimony. For example, do not say, “The witness will testify about the accident.” Say, “The witness will testify that the defendant ran the red light and was going an estimated 30 miles per hour.” Testimony at trial will be limited to subject matter identified in the witness statements, absent a showing of just cause for the omission, balanced against any prejudice to the opposing party. Give a time estimate for the direct testimony of each witness. All witnesses are excluded from the courtroom with the exception of expert witnesses. (3) Expert Witnesses: Supply a written report of each expert, whether for the case in chief or rebuttal, setting forth the expert’s qualifications, the substance of any opinions to be expressed in detail, and the facts and data upon which the opinions are based. As with lay witnesses, any subject not covered in the expert report will not be allowed at trial absent a showing of just cause for the omission, balanced against any prejudice to the opposing party. The requirement for filing expert witness statements for purposes of trial does not supersede a party’s obligation to produce pertinent expert disclosure during the discovery phase of proceedings under Fed. R. Civ. P. 26. Fact experts, such as a treating physician, may be limited in proffering an opinion on issues outside treatment unless required expert disclosures are made. c. Accommodating Disabilities: Please notify the Court in advance of any witnesses, party, or counsel who will need accommodation for any disability. d. Translators: The court does not provide translators in civil cases. Page 6 — TRIAL MANAGEMENT ORDER e. Depositions: Deposition transcripts which are intended solely for impeachment purposes need not be filed with the court. Depositions offered in lieu of live testimony must be submitted to the court, highlighting those portions sought to be admitted. Should more than one party wish to utilize the same deposition in lieu of live testimony, a single deposition must be submitted jointly by the parties with each party highlighting their designations in a different color. Deposition transcripts used in lieu of live testimony are generally not considered “exhibits” and they typically do not go to the jury during deliberations. Please consider in advance how you wish to present the deposition testimony to the jury; whether through video, proxy witness, or audio recording. The Court’s clerk is available to sit in as a proxy witness. Objections to deposition designations: Please provide portions of the deposition transcript with objections highlighted in order for the Court to rule. If the Court strikes any portion of the deposition, be prepared to remove that portion from the audio or video recording that is to be played to the jury. 5. Pretrial Conference: During the pretrial conference, be prepared to discuss the following: a. b. c. Motions in limine and other objections. Anticipated trial timetable; Courtroom presentations: graphics or exhibits during opening statement; demonstrative evidence (e.g., maps, summaries, models, computer animations, etc.); and equipment needs (e.g., lectern, digital projector, or DVD player); d. Voir dire questions. While it is the custom in federal court for the judge to conduct voir dire, please note that Judge Kasubhai requires the attorneys to conduct voir dire. Page 7 — TRIAL MANAGEMENT ORDER The Court will provide the jurors with some introductory questions and the attorney will then inquire of all prospective jurors. e. f. Stipulated facts; Other matters that may arise. 6. Additional Guidance: Please refer to the Trial Court Guidelines for U.S. District Court of Oregon, on the court’s website: https://ord.uscourts.gov/index.php/attorneys/trial-court- guidelines. If you are not familiar with the courtroom’s technology, please arrange a tutorial with the courtroom deputy in advance of trial. New attorneys (attorneys practicing less than 7 years) who are trying to get trial experience may present argument to the Court and examine a witness with a senior attorney providing back up (in other words, the Court is willing to suspend the “one witness/one attorney rule” in these situations). IT IS SO ORDERED. DATED this _____ day of ________, 2025. ____________________________ Mustafa T. Kasubhai (he/him) United States District Judge Page 8 — TRIAL MANAGEMENT ORDER