RC-47: RE:Mock Trials; Lufkin Division Standing Order 2021-8; Standard Protective Order (PDF); Joint Final Pretrial Order; Standard Initial Order Governing Proceeding (PDF); Standard Initial Order Governing Proceedings - Lufkin (PDF); Standard Scheduling Order (PDF); Appropriate Courtroom Attire

=== RC-47: RE:Mock Trials ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT AND LUFKIN DIVISIONS STANDING ORDER RC-47 MOCK TRIALS, FOCUS GROUPS, OR SIMILAR STUDIES The venire for the trial of civil and criminal cases is drawn from the counties comprising the Division for the Eastern District of Texas in which the cases are pending. The parties to some cases, primarily complex civil cases, sometimes conduct mock trials, focus groups, or similar studies in preparation for the trials of such cases. Participation in such studies may be a basis for disqualification from jury service due to an extrajudicial, and sometimes erroneous, view of the facts of the case or the law to be applied. The court needs to be advised of any such study in advance of the final pre-trial conference so that it may consider whether to summon a larger panel of prospective jurors for voir dire. Therefore, it is ORDERED that in all cases assigned to the Honorable Ron Clark, if a party chooses to conduct such a study, the following procedures shall apply: 1. 2. When a party decides that it will, or is likely to, commission such a study, the party shall notify the court. Notice shall be provided at least one month prior to the final pre-trial conference. The notification may be in camera, and shall include a brief description of the study’s methodology and the expected number of citizen participants. The party shall also notify the court in camera when the study has been completed. The party or parties who commission the study shall retain the name and address of each participant in the study. If the case is not disposed of by settlement or otherwise, the party or parties who commissioned the study shall supply to the court, in camera, the name and address of each citizen participant in the study at least ten days prior to the final pre-trial conference. SoORDERED and SIGNED this day of ___________________________________Ron Clark, United States District JudgeAugust, 2010.11

=== Lufkin Division Standing Order 2021-8 ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION DIVISIONAL STANDING ORDER No. 2021 -8 The Ward R. Burke United States Courthouse in Lufkin, Texas (the Courthouse) is a public building in which the public is welcomed. Unfortunately, because of the coronavirus disease 2019 (COVID-19) pandemic, operations at the Courthouse have been reduced. Many hearings have been conducted by phone or video conference, and physical access to the Courthouse has been limited. In addition, several jury trials have been postponed. This has the potential to conflict with the constitutional right to a trial by jury. Congress has expressed its clear intent that litigants must be afforded a prompt resolution of disputes, consistent with the requirements of the Constitution and statutory law. In criminal cases, while limited exceptions are permitted, the Speedy Trial Act sets deadlines for, and requires that priority be given to, providing a prompt and fair trial for each defendant charged with a criminal offense. Another important consideration is, with very limited exceptions such as cases involving minors, protection of the right of public access to court proceedings, especially criminal trials. This court and its staff have been engaged in what is known as “Recovery Planning,” so that the court may operate safely. The court has reviewed recent guidance from the Administrative Office of the United States Courts (AO), contained in the “Updated Guidance Regarding Judiciary Response to COVID-19” (7/30/2021 & 5/20/2021) as well as earlier guidance, including, the “Updated Guidance Regarding Judiciary Response to COVID-19” (3/11/2021), “Health Screening, Use of Masks/Face Coverings, Testing, and General Health Questions” (1/15/2021), “Updated Guidance Regarding Judiciary Response to COVID-19” (12/7/2020), “Updated Guidance Regarding Judiciary Response to COVID-19” (8/14/2020), “COVID-19 Guidance: Centers for Disease Control and Prevention Answers to Courts’ COVID 19 Questions” (7/17/2020), “Updated Guidance Regarding Judiciary Response to COVID-19” (5/22/2020), the “Federal Judiciary COVID-19 Recovery Guidelines” (5/7/2020), the “COVID-19 Judiciary Recovery Planning Checklist” (5/7/2020), and AO posts such as “Coronavirus (COVID-19) Guidance: Jury Duty FAQs.” The court has also reviewed the Executive Order on Protecting the Federal Workforce and Requiring Mask-Wearing (1/20/2021), as well as recommendations issued by the U.S. Centers for Disease Control and Prevention (CDC) concerning precautions to be taken, as well as statistical data concerning COVID-19 cases in the Lufkin Division and in Angelina County, where the Courthouse is located. 1 The court has carefully considered all of these factors in balancing the rights of criminal defendants to a speedy and fair trial by jury, the rights of civil litigants to a prompt and fair resolution of disputes, the right of the public to “open courts,” and the safety of Courthouse staff, jurors, witnesses, parties, observers, and counsel. The court has determined that, effective immediately, trials, hearings, and mediation may continue to be held on a limited and controlled basis in the Courthouse consistent with this order. It is therefore ORDERED, effective immediately, that absent a specific order from this court, for the protection of courthouse staff, litigants, attorneys, and observers, the following persons shall not enter the Courthouse: 1. Any person who is currently under the direction of a licensed healthcare professional or public health agency to self-quarantine; 2. Any person who has been diagnosed by a licensed health care provider as having Coronavirus or has tested positive for Coronavirus by a source authorized by the State of Texas, and who has not obtained written verification from a licensed medical doctor, doctor of osteopathy, hospital or public health agency professional that they are currently not contagious; 3. Any person who lives with, or cares for, a person described in category 1, 2 or 3 above; or 4. Any person who exhibits or reports currently having, a fever, persistent cough or shortness of breath, persistent pain or pressure in the chest, or nausea. It is further ORDERED that any person seeking entry to the Courthouse at any time will be asked by a Court Security Officer (CSO) or a member of the court staff to confirm that none of the exclusions listed above applies to that person. It is further ORDERED that absent a specific order from this court, for the protection of Courthouse staff, litigants, attorneys, and observers, that upon entry into the Courthouse, all persons must comply with the following requirements: a. Each person, except a witness while testifying, and an attorney while examining a witness or making a statement to a jury, must wear an appropriate face mask or covering while inside the Courthouse in courtrooms, jury rooms, public hallways, public restrooms, and elevators, unless excused from this requirement by the judge or the mediator. Witnesses shall testify unmasked, and attorneys may speak unmasked, but only while behind the plexiglass shields at their respective podiums. Persons other than jurors must supply their 2 own masks or face covering. b. Each person must maintain appropriate distancing from others in the Courthouse, to include sitting at the location assigned by a member of the court staff. Each person must follow the instructions of the court staff and CSOs to aid in maintaining distance in the Courthouse; and c. Each person must use the hand sanitizer furnished at the front door upon entering the Courthouse. It is further ORDERED that during jury selection and while any jury trial is being conducted, or while any hearing is being conducted, or while any mediation is being conducted at which it is reasonable to expect 10 or more participants and/or spectators, that those persons who are not barred by one of the exclusions described in categories 1 through 4 above will have their temperature taken using a non-contact thermometer, and will be allowed to remain only if the reading is below One Hundred Degrees Fahrenheit (100 ˚F). It is further ORDERED that any CSO who is assisting with jury selection shall wear a face mask. It is further ORDERED that all CSOs, following substantive guidance provided by this Order and administrative guidance from the United States Marshal for the Eastern District of Texas (EDTX), shall deny entry to anyone attempting to enter, or remain in, the Courthouse in violation of these protocols. In the event of any uncertainty as to whether a person should be denied entrance to the Courthouse, the CSOs shall immediately contact the U.S. Marshal for the EDTX or the designated Deputy Marshal for a determination, which shall control. If you are scheduled or required to appear in the Courthouse before the district court or the magistrate court during the period that this order is in effect, and you are unable to gain entry because of the targeted visitor restrictions in this order, you should proceed as follows: a. If you are represented by an attorney, please contact your attorney. b. If you are an attorney scheduled to appear in court before a judge, please contact that judge’s Chambers directly by telephone, and if necessary, follow-up by email. c. If you are scheduled to meet with a Probation or Pretrial Services Officer, please contact the Probation and Pretrial Services Office directly for guidance and instructions. d. For any other District Court matters, please contact the office of the Deputy Clerk in Charge of the Lufkin and Beaumont Divisions at (409) 654-7000. It is further ORDERED that, unless modified by subsequent order, these restrictions shall remain in place until rescinded. After this order is signed, and filed with the Standing Orders of the 3 EDTX, the U.S. Marshal for the EDTX shall post it in a prominent location at the main entrance to the Ward R. Burke United States Courthouse in Lufkin, Texas so that the public may have advance notice of its requirements before it takes effect. So ORDERED and SIGNED, August 23, 2021. _______________________ Ron Clark Senior Judge 4

=== Standard Protective Order (PDF) ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION PLAINTIFF Plaintiffs, v. DEFENDANT Defendants. § § § § § § § § § CIVIL ACTION No. 1:YR-cv-XXX JUDGE RON CLARK Initials PROTECTIVE ORDER The court sua sponte issues this Protective Order to facilitate document disclosure and production under the Local Rules of this court and the Federal Rules of Civil Procedure. Unless modified pursuant to the terms contained in this Order, this Order shall remain in effect through the conclusion of this litigation. No privilege or protection under state or federal statutory or common law is waived by any disclosure of information connected with the litigation pending before this court, made in accordance with the terms of this Order, and any such disclosure shall not be deemed to be a waiver of any privilege or protection in any other federal or state proceeding. See Fed. R. Evid. 502. In support of this Order, the court finds that: 1. Documents or information containing confidential proprietary and business information and/or trade secrets (“Confidential Information”) that bear significantly on the parties’ claims or defenses is likely to be disclosed or produced during the course of discovery in this litigation; 2. The parties to this litigation may assert that public dissemination and disclosure of Confidential Information could severely injure or damage the party disclosing or producing the (Court Form 1-14-2016) Confidential Information and could place that party at a competitive disadvantage; 3. Counsel for the party or parties receiving Confidential Information are, at present, without sufficient information to accept the representation(s) made by the party or parties producing Confidential Information as to the confidential, proprietary, and/or trade secret nature of such Confidential Information; and 4. To protect the respective interests of the parties and to facilitate the progress of disclosure and discovery in this case, the following Order should issue: IT IS THEREFORE ORDERED THAT: 1. Documents or discovery responses containing Confidential Information disclosed or produced by any party in this litigation are referred to as “Protected Documents.” Except as otherwise indicated below, all documents or discovery responses designated by the producing party as “Confidential” and which are disclosed or produced to the attorneys for the other parties to this litigation are Protected Documents and are entitled to confidential treatment as described below. 2. Protected Documents shall not include (a) advertising materials, (b) materials that on their face show that they have been published to the general public, or (c) documents that have submitted to any governmental entity without request for confidential treatment. 3. At any time after the delivery of Protected Documents, counsel for the party or parties receiving the Protected Documents may challenge the Confidential designation of all or any portion thereof by providing written notice thereof to counsel for the party disclosing or producing the Protected Documents. If the parties are unable to agree as to whether the confidential designation of discovery material is appropriate, the party or parties receiving the Protected (Court Form 1-14-2016) Documents shall certify to the court that the parties cannot reach an agreement as to the confidential nature of all or a portion of the Protected Documents. Thereafter, the party or parties disclosing or producing the Protected Documents shall have ten (10) days from the date of certification to file a motion for protective order with regard to any Protected Documents in dispute. The party or parties producing the Protected Documents shall have the burden of establishing that the disputed Protected Documents are entitled to confidential treatment. If the party or parties producing the Protected Documents do not timely file a motion for protective order, then the Protected Documents in dispute shall no longer be subject to confidential treatment as provided in this Order. All Protected Documents are entitled to confidential treatment pursuant to the terms of this Order until and unless the parties formally agree in writing to the contrary, a party fails to timely move for a protective order, or a contrary determination is made by the court as to whether all or a portion of a Protected Document is entitled to confidential treatment. 4. Confidential Treatment. Protected Documents and any information contained therein shall not be used or shown, disseminated, copied, or in any way communicated to anyone for any purpose whatsoever, except as provided for below. 5. Protected Documents and any information contained therein shall be disclosed only to the following persons (“Qualified Persons”): (a) (b) Outside counsel of record in this action for the party or party receiving Protected Documents or any information contained therein; Employees of such counsel (excluding experts and investigators) assigned to and necessary to assist such counsel in the preparation and trial of this action; and (Court Form 1-14-2016) (c) The court. Protected Documents and any information contained therein shall be used solely for the prosecution of this litigation. 6. Outside counsel of record for the party or parties receiving Protected Documents may create an index of the Protected Documents and furnish it to attorneys of record representing or having represented parties involved in litigation involving the claims alleged in this suit against the party or parties disclosing or producing the Protected Documents. The index may only identify the document, date, author, and general subject matter of any Protected Document, but may not reveal the substance of any such document. Counsel for the party or parties receiving Protected Documents shall maintain a current log of the names and addresses of persons to whom the index was furnished. 7. The term “copy” as used herein means any photographic, mechanical or computerized copy or reproduction of any document or thing, or any verbatim transcript, in whole or in part, of such document or thing. 8. To the extent that Protected Materials or information contained therein are used in depositions, such documents or information shall remain subject to the provisions of this Order, along with the transcript pages of the deposition testimony referring to the Protected Materials or information contained therein. If such material is used at trial or in hearings, the parties may seek separate order to seal the documents. 9. Any deposition reporter or transcriber who reports or transcribes testimony in this action shall agree that all “confidential” information designated as such under this Order shall remain (Court Form 1-14-2016) Page 4 “confidential” and shall not be disclosed by them, except pursuant to the terms of this Order, and that any notes or transcriptions of such testimony (and any accompanying exhibits) will be retained by the reporter or delivered to counsel of record. 10. Inadvertent or unintentional production of documents or information containing Confidential Information which are not designated “confidential” shall not be deemed a waiver in whole or in part of a claim for confidential treatment. 11. The party or parties receiving Protected Documents shall not under any circumstances sell, offer for sale, advertise, or publicize Protected Documents or any information contained therein. 12. After termination of this litigation, the provisions of this Order shall continue to be binding, except with respect to those documents and information that become a matter of public record. This court retains and shall have continuing jurisdiction over the parties and recipients of the Protected Documents for enforcement of the provisions of this Order following termination of this litigation. 13. Upon termination of this action by dismissal, judgment, or settlement, counsel for the party or parties receiving Protected Documents shall return the Protected Documents to the counsel for the party or parties disclosing or producing the Protected Documents. The party or parties receiving the Protected Documents shall keep their attorney work product which refers or relates to any Protected Documents. Attorney work product may be used in subsequent litigation provided that such use does not disclose Protected Documents or any information contained therein. 14. This Order shall be binding upon the parties and their attorneys, successors, executors, (Court Form 1-14-2016) Page 5 personal representatives, administrators, heirs, legal representatives, assigns, subsidiaries, divisions, employees, agents, independent contractors, or other persons or organizations over which they have control. 15. The court anticipates that the parties may file a motion to modify the terms hereof with respect to the sharing of Protected Documents with experts and consultants; shifting the cost burden of production equitably; and other terms that may be reasonably required to protect a party as provided in Rule 26(b) or (c) of the Federal Rules of Civil Procedure. (Court Form 1-14-2016) Page 6

=== Joint Final Pretrial Order ===

- Current as of 3/19/14 (General Order 14-6) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS DIVISION , Plaintiff(s) v. , Defendant(s) * * * * * * * * * Civil Action No. JOINT FINAL PRE-TRIAL ORDER This cause came before ______, 20 , pursuant to Local Rule CV-16 and Rule 16 of the Federal Rules of Civil Procedure. the court at a pre-trial management conference held on A. COUNSEL FOR THE PARTIES Plaintiff(s): Defendant(s): B. STATEMENT OF JURISDICTION (e.g., “AJurisdiction in this case is based on diversity of citizenship under Title 28 U.S.C. ' 1332;” AJurisdiction in this case is based on Title 28 U.S.C. ' 1331 in that the plaintiff brings this action under Title 46 U.S.C. ' 688, the Jones Act@”) Jurisdiction is (not) disputed. C. NATURE OF ACTION (e.g., “AThis is a products liability case wherein the plaintiff seeks damages for personal injuries sustained when he fell from the driver's seat of a forklift. The plaintiff contends that the forklift was defectively designed and manufactured by the defendant and that the defects were a producing cause of his injuries and damages.@”) D. CONTENTIONS OF THE PARTIES (Note: The contentions of each party on those claims and issues approved for trial 1 at the management conference shall be succinctly stated in a form suitable to be read to the jury.) E. F. G. STIPULATIONS AND UNCONTESTED FACTS CONTESTED ISSUES OF FACT AND LAW LIST OF WITNESSES (Note: Each party shall set forth a separate list of witnesses who (1) will be called to testify at trial; (2) may be called to testify at trial, and (3) may be presented by deposition testimony at trial. Those portions of the depositions that may be offered into evidence at trial shall be listed by page and line number. H. LIST OF EXHIBITS Counsel should fill out and submit to the court an exhibit list containing the information in the form available on the court=s website, located at www.txed.uscourts.gov , or at the clerk=s office. I. J. LIST OF ANY PENDING MOTIONS PROBABLE LENGTH OF TRIAL The probable length of trial is days. K. MANAGEMENT CONFERENCE LIMITATIONS (Note: The parties shall set forth any limitations agreed upon or ordered by the court at or after the management conference set forth in Local Rule CV-16 such as a time limit on the length of trial, limitations on the number of experts a party may call, limitations on the length of video depositions, the use of deposition summaries, etc.) L. CERTIFICATIONS The undersigned counsel for each of the parties in this action do hereby certify and acknowledge the following: (1) (2) Full and complete disclosure has been made in accordance with the Federal Rules of Civil Procedure and the Court=s orders; Discovery limitations set forth in the Federal Rules of Civil Procedure, the Local Rules, and the Court=s orders have been complied with; (3) Each exhibit in the List of Exhibits herein: (a) is in existence; 2 (b) (c) is numbered; and has been disclosed and shown to opposing counsel. Approved as to form and substance: Attorneys for Plaintiff(s): _______________________________________________ Attorneys for Defendant(s): _______________________________________________ (Note: An attorney of record may sign and certify this order on behalf of opposing counsel Awith permission.@) This Joint Pre-Trial Order is hereby approved this day of [month],[year]. United States District Judge __________________________________ (Note: Where additional parties are joined or intervene pursuant to Rules 14, 19 and 24 of the Federal Rules of Civil Procedure, the style of the case and the various sections of the pre-trial order should be modified to reflect the additional parties and information pertaining to them.) 3

=== Standard Initial Order Governing Proceeding (PDF) ===

[PLAINTIFF] v. [DEFENDANT] § § § § § § § CASE NO. 1:15-CV-761 JUDGE RON CLARK [INITIALS] ORDER GOVERNING PROCEEDINGS This Order shall govern proceedings in this case. The following deadlines are hereby set: 1. 2. 3. 4. Rule 26(f) attorney conference on or before [insert date: 18 days after date of this Order.] Complete initial mandatory disclosures required by this Order: 10 days after deadline for Rule 26(f) conference. File joint report of attorney conference: 14 days after deadline for Rule 26(f) conference. This should follow initial mandatory disclosures, so a realistic proposal regarding depositions and other discovery can be included. The case is SET for a Rule 16 management conference on [insert date: 50 days after date of this Order], in Courtroom #2, Jack Brooks Federal Building, 300 Willow Street, Beaumont, Texas. Lead counsel for each party, with authority to bind their respective clients, and all unrepresented parties, shall be present. Continuance of the management conference will not be allowed absent a showing of good cause.1 1 Before the case management conference, counsel and unrepresented parties should review the most recent versions of the Federal Rules of Civil Procedure and the Local Rules for the Eastern District of Texas. The Local Rules are available on the Eastern District of Texas website (www.txed.uscourts.gov). RULE 26(f) ATTORNEY CONFERENCE Rule 26(f) requires attorneys of record and all unrepresented parties to confer and attempt in good faith to agree on a proposed scheduling order (see Appendix 1) and to electronically file a joint report outlining their proposals. The conference may be by telephone. Before commencing the Rule 26(f) conference, counsel must discuss settlement options with their clients, including whether an offer or demand should be made at the Rule 26(f) attorney conference. Counsel should also inquire whether their clients are amenable to trial before a United States magistrate judge. Parties willing to consent should file the appropriate form electronically (see form on Eastern District of Texas website) as soon as possible, so that the case can be reset for management conference before the magistrate judge to whom the case is assigned. The parties must include the following matters in the joint conference report: 1. 2. 3. 4. 5. 6. 7. A brief factual and legal synopsis of the case. The jurisdictional basis for this suit. Confirm that initial mandatory disclosures required by Rule 26(a)(1) and this Order have been completed. Proposed scheduling order deadlines. Appendix 1 has the standard deadlines. Explain any deviations from standard schedule. Now is the time to inform the court of any special complexities or need for more time before the trial setting. The standard schedule is planned so that there is time to rule on dispositive motions before parties begin final trial preparation. If the parties agree that mediation is appropriate, and the parties can agree upon a mediator, the name, address, and phone number of that mediator, and a proposed deadline should be stated. An early date is encouraged to reduce expenses. The court may appoint a mediator upon request. The identity of persons expected to be deposed. Any issues relating to disclosure or discovery of electronically stored information, including the form or forms in which it should be produced. (Court Form 1/27/2017) Page 2 8. 9. 10. Any agreements or disputes relating to asserting claims of privilege or preserving discoverable information, including electronically stored information and any agreements reached under Federal Rule of Evidence 502. Whether any other orders should be entered by the court pursuant to Federal Rule of Civil Procedure 26(c) or 16(b), (c). The names of the attorneys who will appear on behalf of the parties at the management conference (the appearing attorney must be an attorney of record and have full authority to bind the client). 11. Any other matters that counsel deem appropriate for inclusion in the joint conference report. CONTESTED MOTION PRACTICE Counsel and parties shall comply with Local Rules CV-7, 10, 11, and 56, in addition to the Federal Rules of Civil Procedure. Local Rule CV-7 requires you to attach affidavits and other supporting documents to the motion or response. Labeled tabs on the attachments to the courtesy copy will make it easier to find them. If the motion with attachments exceeds twenty pages, the court requests that you bind the courtesy copy at the left to make it easier to read. This binding must be either spiral bound or three-hole punched and placed in a three-ring binder. You should print the docketed version of your motion from CM-ECF so that your motion includes the docket identifier at the top of each page. Pursuant to Local Rule CV-7(b), highlight in the courtesy copy the portions of the affidavits or other supporting documents that are cited in your motion or response. SAFEGUARDING PERSONAL INFORMATION The Judicial Conference of the United States has implemented policies to protect sensitive private information about parties, witnesses, and others involved in a civil, criminal, or bankruptcy case. To that end, all documents filed with the court and made available to the public, whether electronically or on paper, should limit certain information as follows: (Court Form 1/27/2017) Page 3 • • • • • for Social Security numbers, use only the last four digits; for financial account numbers, use only the last four digits; for names of minor children, use only their initials; for dates of birth, use only the year; and (in criminal cases) for home addresses, use only the city and state. If such information is elicited during testimony or other court proceedings, it will become available to the public when the official transcript is filed at the courthouse unless and until it is redacted. The better practice is for you to avoid introducing this information into the record in the first place. Please take this into account when questioning witnesses or making other statements in court. DISCOVERY Initial mandatory disclosures pursuant to Rule 26(a)(1) shall be completed not later than ten days after the deadline for the Rule 26 attorney conference and shall include the following: 1. 2. 3. 4. 5. The correct names of the parties to the action. The name and, if known, the address and telephone number of any potential parties to the action. The name and, if known, the address and telephone number of persons having knowledge of facts relevant to a claim or defense of any party, a brief characterization of their connection to the case and a fair summary of the substance of the information known by such person. This may be combined with the list of persons required under Rule 26(a)(1)(A)(i) so that two lists are not needed. The records or the authorizations described in Local Rule CV-34. A copy of all other documents, electronically stored information, witness statements, and tangible things in the possession, custody, or control of the disclosing party that are relevant to a claim or defense of any party. This may be combined with disclosures under Rule 26(a)(1)(A)(ii) so that duplication is avoided. Parties are encouraged to agree upon provision of information by electronic means. (Court Form 1/27/2017) See Local Rule CV-26(d) for meaning of “relevant to the claim or defense of any party.” A party that fails to timely disclose such information will not, unless such failure is harmless, be permitted to use such evidence at trial, at a hearing, or in support of a motion. A party is not excused from making its disclosures because it has not fully completed its investigation of the case. Early Rule 34 requests may be delivered in compliance with Rule 26(d)(2). See Fed. R. Civ. P. 26(d)(2). But, these requests are not considered served until the Rule 26(f) conference has occurred. All other discovery shall not commence until the Rule 26(f) conference, (See Fed. R. Civ. P. 26(d), 34) except that depositions may be taken by agreement, and initial mandatory disclosure shall occur, before the Rule 16 management conference, so that counsel are in a position to intelligently discuss additional required discovery, and scheduling of the case. Following the management conference, the court will enter a scheduling order setting deadlines controlling disposition of the case. The fact that the scheduling order will have a deadline for completion of discovery is NOT an invitation, or authorization, to withhold documents or information required to be disclosed as part of initial mandatory disclosures, under the guise of “supplementation.” Attorneys are expected to review their client’s files and to conduct at least preliminary interviews of their clients and potential witnesses under their control, so as to fully comply with the initial mandatory disclosure requirements by the deadline set in this Order. These procedures should allow witnesses to be efficiently deposed, experts to be timely identified and prepared to testify, and any follow-up paper discovery to be completed by the deadline set for completion of discovery. The court expects that, in most cases, after reading the pleadings and reviewing the opposing party’s initial disclosures an attorney should be alerted to any remaining information that should have been disclosed. A frank discussion of the issues and discovery during the Rule 26 attorney conference should inform counsel about the information that will be provided by agreement and whether there are disputes that should be brought before the court at the Rule 16 management conference. A party asserting that any information is confidential should immediately apply to the court for entry of a protective order. Unless a request is made for modification, the court will use its standard Protective Order, found on ED Texas website at Judges / Chief Judge Ron Clark / Standard Forms. DISCOVERY DISPUTES A magistrate judge is available during business hours to immediately hear discovery disputes and to enforce provisions of the rules. The hotline is the best means to obtain an immediate ruling on whether a discovery request is relevant to any claims or defenses and on (Court Form 1/27/2017) Page 5 disputes that arise during depositions. The hotline number is (903) 590-1198. See Local Rule CV- 26(e). Before filing a motion to compel, a motion to quash, or a motion for protection from discovery, lead counsel must confer in good faith concerning the disputes. If agreement can not be reached, counsel should call the hotline. If the magistrate judge on duty is not available within a reasonable time, counsel should call this court and determine whether Judge Clark is available for a phone conference. Before calling the magistrate judge or this court on any dispute arising outside of a deposition, any attorney would be well advised to list, in about a half a page, the key points counsel wishes to make, any pertinent record references, and the applicable rule provision, statute, or case that supports counsel’s position. Electronic discovery: In cases involving disputes over extensive electronic discovery counsel for both sides shall review the court’s [Model] Order Regarding E-Discovery in Patent Cases before contacting the Hotline or filing motions to compel or to quash. The order can be modified for use in any case in which electronic discovery is an issue, and any ruling of the court on conduct of electronic discovery will likely be based, at least in part, on that model order. See ED Texas Website under Quick Links / Forms / Patent Forms / Order Regarding E-Discovery in Patent Cases. FAILURE TO SERVE Any defendant who has not been served with the summons and complaint within ninety days after the filing of the complaint shall be dismissed, without further notice, unless prior to such time the party on whose behalf such service is required shows good cause why service has not been made. See FED. R. CIV. P. 4(m). FICTITIOUS PARTIES The name of every party shall be set out in the complaint. See FED. R. CIV. P. 10(a). The use of fictitious names is disfavored by federal courts. Doe v. Blue Cross & Blue Shield, 112 F.3d 869 (7th Cir. 1997). It is hereby ORDERED that this action be DISMISSED as to all fictitious parties. Dismissal is without prejudice to the right of any party to take advantage of the provisions of Federal Rule of Civil Procedure 15(c). Plaintiff’s counsel shall immediately notify the court upon settlement. SETTLEMENT (Court Form 1/27/2017) COMPLIANCE Attorneys and pro se litigants who appear in this court must comply with the deadlines set forth in the Federal Rules of Civil Procedure, the Local Rules for the Eastern District of Texas and this order. A party is not excused from the requirements of a Rule or scheduling order by virtue of the fact that dispositive motions are pending, the party has not completed its investigation, the party challenges the sufficiency of the opposing party’s disclosure, or because another party has failed to comply with this Order or the rules. Failure to comply with relevant provisions of the Local Rules, the Federal Rules of Civil Procedure, or this order may result in the exclusion of evidence at trial, the imposition of sanctions by the court, or both. Counsel are reminded of Local Rule AT-3, particularly AT-3(I) & (J). (Court Form 1/27/2017) APPENDIX 1 PROPOSED SCHEDULING ORDER DEADLINES The following actions shall be completed by the date indicated.1 The dates indicated are the standard for most cases. Counsel should be prepared to explain the need for requested changes. ____________________ (1 week after mgmt conf.) ____________________ (6 weeks after mgmt conf.) ____________________ ____________________ (10 weeks after mgmt conf.) Deadline for motions to transfer Deadline to add parties If parties plan to mediate, state date parties propose. This should be as early as possible, to avoid expense. Deadline to designate expert witnesses and reports on issues for which the party bears the burden of proof, pursuant to Federal Rule of Civil Procedure 26(a)(2) and Local Rule CV-26(b). ____________________ (12 weeks after mgmt conf.) Deadline for Plaintiffs to file amended pleadings. A motion for leave to amend is not necessary. 7 weeks after disclosure of an expert is made Deadline to object to any other party’s expert witnesses. Objections shall be made by a motion to strike or limit expert testimony and shall be accompanied by a copy of the expert’s report in order to provide the court with all the information necessary to make a ruling on any objection. The court will not accept objections to experts filed in any form—i.e., motions in limine—after this date.2 Expert reports should include the categories of information set out in Federal Rule of Civil Procedure 26(a)(2)(B)(i)-(vi) 1 If a deadline falls on a Saturday, Sunday, or a legal holiday as defined in Federal Rule of Civil Procedure 6, the effective date is the first federal court business day following the deadline imposed. 2 This requirement has two goals: (1) to encourage early disclosure of experts so that if one is struck, the party will have time to find another; and (2) to avoid the gamesmanship that has become common as parties attempt to disqualify experts with a motion in limine thus distracting opponents during final trial preparations and perhaps even blocking testimony required to establish a claim or defense. (Court Form 1/27/2017) Page 8 and 26(a)(2)(C)(i)-(ii). Challenges to expert reports include those set out in Federal Rule of Evidence 702(a)-(d) and 703. ____________________ (14 weeks after mgmt conf.) Deadline for Defendant’s final amended pleadings. A motion for leave to amend is not necessary. ____________________ (16 weeks after mgmt conf.) Deadline to designate expert witnesses and reports on issues for which the party does not bear the burden of proof, pursuant to Federal Rule of Civil Procedure 26(a)(2) and Local Rule CV-26(b) ____________________ (18 weeks after mgmt conf.) Deadline for motions to dismiss, motions for summary judgment, or other dispositive motions. ____________________ (28 weeks after mgmt conf.) All discovery shall be commenced in time to be completed by this date. ____________________ (9 weeks before docket call) ____________________ (8 weeks before docket call) Notice of intent to offer certified records Counsel and unrepresented parties are each responsible for contacting opposing counsel and unrepresented parties to determine how they will prepare the Joint Final Pretrial Order and Joint Proposed Jury Instructions and Verdict Form (or Proposed Findings of Fact and Conclusions of Law in non-jury cases). To avoid the cost of designating deposition extracts and objecting to same, counsel shall discuss witnesses who have to be presented by deposition. Counsel should agree on a list of witnesses whom each counsel will subpoena, or if beyond the subpoena range (see Federal Rule of Civil Procedure 45), whom each counsel will arrange to have present at trial. ____________________ (6 weeks before docket call) Motions in limine due. Deadline to file Joint Final Pretrial Order. (Obtain form for Exhibit List from Eastern District’s website.) _____________________ Response to motions in limine due.3 3 To save time and space, respond only to items objected to. All others will be considered to be agreed. Opposing counsel shall confer in an attempt to resolve any dispute over the motions in limine within five calendar days of the filing of any response. The parties shall notify the court of all issues which are resolved. (Court Form 1/27/2017) (5 weeks before docket call) ____________________ (4 weeks before docket call) File Proposed Jury Instructions/Verdict Form (or Proposed Findings of Fact and Conclusions of Law). For witnesses who are not going to be called live, oral and video deposition designations due. Each party who proposes to offer a deposition by video shall serve on all other parties a disclosure identifying the line and page numbers to be offered. All other parties will have seven calendar days to serve a response with any objections and requesting line and page numbers to be offered. Counsel must consult on any objections, and only those which cannot be resolved shall be presented to the court.4 The party who filed the initial Video Deposition Designation is responsible for preparation of the final edited video in accordance with all parties’ designations, and the court’s rulings on objections. (Designations are not to be made for witnesses who will appear live, nor for impeachment on cross-examination.) ____________________ (2 weeks before docket call) File unresolved objections to oral and video deposition extracts. Date will be set by court. If numerous objections are filed the court may set a Usually within 10 days prior to docket call. hearing to consider all pending motions and objections. January 25, 2017 January 30, 2017 Docket call and Final Pretrial at 9:00 a.m. in Beaumont, Texas. Date parties should be prepared to try case. Provide court with two copies of Exhibit list, using form from District Clerks Office. Absent agreement of the parties, this should not have exhibits which were not listed in the Final Pretrial Order. 9:00 a.m. Jury selection and trial in Beaumont, Texas. Case will then be tried in order with other cases on the docket. Depending on disposition of other cases on court’s docket, jury selection may be the following week. About a month before docket call, counsel may wish to consult with counsel for the other cases on the January docket to determine whether their cases are likely to settle. 4 Opposing counsel shall confer to determine whether objections can be resolved without a court ruling. The court needs a copy of the pertinent deposition to rule on any objection. (Court Form 1/27/2017) Page 10

=== Standard Initial Order Governing Proceedings - Lufkin (PDF) ===

[PLAINTIFF] v. [DEFENDANT] § § § § § § § CASE NO. 1:15-CV-761 JUDGE RON CLARK [INITIALS] ORDER GOVERNING PROCEEDINGS This Order shall govern proceedings in this case. The following deadlines are hereby set: 1. 2. 3. 4. Rule 26(f) attorney conference on or before [insert date: 18 days after date of this Order.] Complete initial mandatory disclosures required by this Order: 10 days after deadline for Rule 26(f) conference. File joint report of attorney conference: 14 days after deadline for Rule 26(f) conference. This should follow initial mandatory disclosures, so a realistic proposal regarding depositions and other discovery can be included. The case is SET for a Rule 16 management conference on [insert date: 50 days after date of this Order], in the Video Conference Room, Ward R. Burke United States Courthouse, 104 North Third Street, Lufkin, Texas. Lead counsel for each party, with authority to bind their respective clients, and all unrepresented parties, shall be present. Continuance of the management conference will not be allowed absent a showing of good cause.1 1 Before the case management conference, counsel and unrepresented parties should review the most recent versions of the Federal Rules of Civil Procedure and the Local Rules for the Eastern District of Texas. The Local Rules are available on the Eastern District of Texas website (www.txed.uscourts.gov). (Court Form 11/6/2016) RULE 26(f) ATTORNEY CONFERENCE Rule 26(f) requires attorneys of record and all unrepresented parties to confer and attempt in good faith to agree on a proposed scheduling order (see Appendix 1) and to electronically file a joint report outlining their proposals. The conference may be by telephone. Before commencing the Rule 26(f) conference, counsel must discuss settlement options with their clients, including whether an offer or demand should be made at the Rule 26(f) attorney conference. Counsel should also inquire whether their clients are amenable to trial before a United States magistrate judge. Parties willing to consent should file the appropriate form electronically (see form on Eastern District of Texas website) as soon as possible, so that the case can be reset for management conference before the magistrate judge to whom the case is assigned. The parties must include the following matters in the joint conference report: 1. 2. 3. 4. 5. 6. 7. A brief factual and legal synopsis of the case. The jurisdictional basis for this suit. Confirm that initial mandatory disclosures required by Rule 26(a)(1) and this Order have been completed. Proposed scheduling order deadlines. Appendix 1 has the standard deadlines. Explain any deviations from standard schedule. Now is the time to inform the court of any special complexities or need for more time before the trial setting. The standard schedule is planned so that there is time to rule on dispositive motions before parties begin final trial preparation. If the parties agree that mediation is appropriate, and the parties can agree upon a mediator, the name, address, and phone number of that mediator, and a proposed deadline should be stated. An early date is encouraged to reduce expenses. The court may appoint a mediator upon request. The identity of persons expected to be deposed. Any issues relating to disclosure or discovery of electronically stored information, including the form or forms in which it should be produced. (Court Form 11/6/2016) Page 2 8. 9. 10. Any agreements or disputes relating to asserting claims of privilege or preserving discoverable information, including electronically stored information and any agreements reached under Federal Rule of Evidence 502. Whether any other orders should be entered by the court pursuant to Federal Rule of Civil Procedure 26(c) or 16(b), (c). The names of the attorneys who will appear on behalf of the parties at the management conference (the appearing attorney must be an attorney of record and have full authority to bind the client). 11. Any other matters that counsel deem appropriate for inclusion in the joint conference report. CONTESTED MOTION PRACTICE Counsel and parties shall comply with Local Rules CV-7, 10, 11, and 56, in addition to the Federal Rules of Civil Procedure. Local Rule CV-7 requires you to attach affidavits and other supporting documents to the motion or response. Labeled tabs on the attachments to the courtesy copy will make it easier to find them. If the motion with attachments exceeds twenty pages, the court requests that you bind the courtesy copy at the left to make it easier to read. This binding must be either spiral bound or three-hole punched and placed in a three-ring binder. You should print the docketed version of your motion from CM-ECF so that your motion includes the docket identifier at the top of each page. Pursuant to Local Rule CV-7(b), highlight in the courtesy copy the portions of the affidavits or other supporting documents that are cited in your motion or response. SAFEGUARDING PERSONAL INFORMATION The Judicial Conference of the United States has implemented policies to protect sensitive private information about parties, witnesses, and others involved in a civil, criminal, or bankruptcy case. To that end, all documents filed with the court and made available to the public, whether electronically or on paper, should limit certain information as follows: • • • • for Social Security numbers, use only the last four digits; for financial account numbers, use only the last four digits; for names of minor children, use only their initials; for dates of birth, use only the year; and (Court Form 11/6/2016) Page 3 • (in criminal cases) for home addresses, use only the city and state. If such information is elicited during testimony or other court proceedings, it will become available to the public when the official transcript is filed at the courthouse unless and until it is redacted. The better practice is for you to avoid introducing this information into the record in the first place. Please take this into account when questioning witnesses or making other statements in court. DISCOVERY Initial mandatory disclosures pursuant to Rule 26(a)(1) shall be completed not later than ten days after the deadline for the Rule 26 attorney conference and shall include the following: 1. 2. 3. 4. 5. The correct names of the parties to the action. The name and, if known, the address and telephone number of any potential parties to the action. The name and, if known, the address and telephone number of persons having knowledge of facts relevant to a claim or defense of any party, a brief characterization of their connection to the case and a fair summary of the substance of the information known by such person. This may be combined with the list of persons required under Rule 26(a)(1)(A)(i) so that two lists are not needed. The records or the authorizations described in Local Rule CV-34. A copy of all other documents, electronically stored information, witness statements, and tangible things in the possession, custody, or control of the disclosing party that are relevant to a claim or defense of any party. This may be combined with disclosures under Rule 26(a)(1)(A)(ii) so that duplication is avoided. Parties are encouraged to agree upon provision of information by electronic means. See Local Rule CV-26(d) for meaning of “relevant to the claim or defense of any party.” A party that fails to timely disclose such information will not, unless such failure is harmless, be permitted to use such evidence at trial, at a hearing, or in support of a motion. A party is not excused from making its disclosures because it has not fully completed its investigation of the case. (Court Form 11/6/2016) Early Rule 34 requests may be delivered in compliance with Rule 26(d)(2). See FED. R. CIV. P. 26(d)(2). But, these requests are not considered served until the Rule 26(f) conference has occurred. All other discovery shall not commence until the Rule 26(f) conference, (See FED. R. CIV. P. 26(d), 34) except that depositions may be taken by agreement, and initial mandatory disclosure shall occur, before the Rule 16 management conference, so that counsel are in a position to intelligently discuss additional required discovery, and scheduling of the case. Following the management conference, the court will enter a scheduling order setting deadlines controlling disposition of the case. The fact that the scheduling order will have a deadline for completion of discovery is NOT an invitation, or authorization, to withhold documents or information required to be disclosed as part of initial mandatory disclosures, under the guise of “supplementation.” Attorneys are expected to review their client’s files and to conduct at least preliminary interviews of their clients and potential witnesses under their control, so as to fully comply with the initial mandatory disclosure requirements by the deadline set in this Order. These procedures should allow witnesses to be efficiently deposed, experts to be timely identified and prepared to testify, and any follow-up paper discovery to be completed by the deadline set for completion of discovery. The court expects that, in most cases, after reading the pleadings and reviewing the opposing party’s initial disclosures an attorney should be alerted to any remaining information that should have been disclosed. A frank discussion of the issues and discovery during the Rule 26 attorney conference should inform counsel about the information that will be provided by agreement and whether there are disputes that should be brought before the court at the Rule 16 management conference. A party asserting that any information is confidential should immediately apply to the court for entry of a protective order. Unless a request is made for modification, the court will use its standard Protective Order, found on ED Texas website at Judges / Chief Judge Ron Clark / Standard Forms. DISCOVERY DISPUTES A magistrate judge is available during business hours to immediately hear discovery disputes and to enforce provisions of the rules. The hotline is the best means to obtain an immediate ruling on whether a discovery request is relevant to any claims or defenses and on disputes that arise during depositions. The hotline number is (903) 590-1198. See Local Rule CV- 26(e). Before filing a motion to compel, a motion to quash, or a motion for protection from discovery, lead counsel must confer in good faith concerning the disputes. If agreement can not be reached, counsel should call the hotline. If the magistrate judge on duty is not available within (Court Form 11/6/2016) Page 5 a reasonable time, counsel should call this court and determine whether Judge Clark is available for a phone conference. Before calling the magistrate judge or this court on any dispute arising outside of a deposition, any attorney would be well advised to list, in about a half a page, the key points counsel wishes to make, any pertinent record references, and the applicable rule provision, statute, or case that supports counsel’s position. Electronic discovery: In cases involving disputes over extensive electronic discovery counsel for both sides shall review the court’s [Model] Order Regarding E-Discovery in Patent Cases before contacting the Hotline or filing motions to compel or to quash. The order can be modified for use in any case in which electronic discovery is an issue, and any ruling of the court on conduct of electronic discovery will likely be based, at least in part, on that model order. See ED Texas Website under Quick Links / Forms / Patent Forms / Order Regarding E-Discovery in Patent Cases. FAILURE TO SERVE Any defendant who has not been served with the summons and complaint within ninety days after the filing of the complaint shall be dismissed, without further notice, unless prior to such time the party on whose behalf such service is required shows good cause why service has not been made. See FED. R. CIV. P. 4(m). FICTITIOUS PARTIES The name of every party shall be set out in the complaint. See FED. R. CIV. P. 10(a). The use of fictitious names is disfavored by federal courts. Doe v. Blue Cross & Blue Shield, 112 F.3d 869 (7th Cir. 1997). It is hereby ORDERED that this action be DISMISSED as to all fictitious parties. Dismissal is without prejudice to the right of any party to take advantage of the provisions of Federal Rule of Civil Procedure 15(c). Plaintiff’s counsel shall immediately notify the court upon settlement. SETTLEMENT (Court Form 11/6/2016) COMPLIANCE Attorneys and pro se litigants who appear in this court must comply with the deadlines set forth in the Federal Rules of Civil Procedure, the Local Rules for the Eastern District of Texas and this order. A party is not excused from the requirements of a Rule or scheduling order by virtue of the fact that dispositive motions are pending, the party has not completed its investigation, the party challenges the sufficiency of the opposing party’s disclosure, or because another party has failed to comply with this Order or the rules. Failure to comply with relevant provisions of the Local Rules, the Federal Rules of Civil Procedure, or this order may result in the exclusion of evidence at trial, the imposition of sanctions by the court, or both. Counsel are reminded of Local Rule AT-3, particularly AT-3(I) & (J). (Court Form 11/6/2016) APPENDIX 1 PROPOSED SCHEDULING ORDER DEADLINES The following actions shall be completed by the date indicated.1 The dates indicated are the standard for most cases. Counsel should be prepared to explain the need for requested changes. ____________________ (1 week after mgmt conf.) ____________________ (6 weeks after mgmt conf.) ____________________ ____________________ (10 weeks after mgmt conf.) Deadline for motions to transfer Deadline to add parties If parties plan to mediate, state date parties propose. This should be as early as possible, to avoid expense. Deadline to designate expert witnesses and reports on issues for which the party bears the burden of proof, pursuant to Federal Rule of Civil Procedure 26(a)(2) and Local Rule CV-26(b). ____________________ (12 weeks after mgmt conf.) Deadline for Plaintiffs to file amended pleadings. A motion for leave to amend is not necessary. ____________________ (16 weeks after mgmt conf.) Deadline to designate expert witnesses and reports on issues for which the party does not bear the burden of proof, pursuant to Federal Rule of Civil Procedure 26(a)(2) and Local Rule CV-26(b) 7 weeks after disclosure of an expert is made Deadline to object to any other party’s expert witnesses. Objections shall be made by a motion to strike or limit expert testimony and shall be accompanied by a copy of the expert’s report in order to provide the court with all the information necessary to make a ruling on any objection. The court will not accept objections to experts filed in any form—i.e., motions in limine—after this date.2 1 If deadline falls on a Saturday, Sunday, or a legal holiday as defined in Federal Rule of Civil Procedure 6, the effective date is the first federal court business day following the deadline imposed. 2 This requirement has two goals: (1) to encourage early disclosure of experts so that if one is struck, the party will have time to find another; and (2) to avoid the gamesmanship that has become common as parties attempt to disqualify experts with a motion in limine thus distracting opponents during final trial preparations and perhaps even blocking testimony required to establish a claim or defense. (Court Form 11/6/2016) Expert reports should include the categories of information set out in Federal Rule of Civil Procedure 26(a)(2)(B)(i)-(vi) and 26(a)(2)(C)(i)-(ii). Challenges to expert reports include those set out in Federal Rule of Evidence 702(a)-(d) and 703. ____________________ (14 weeks after mgmt conf.) Deadline for Defendant’s final amended pleadings. A motion for leave to amend is not necessary. ____________________ (18 weeks after mgmt conf.) Deadline for motions to dismiss, motions for summary judgment, or other dispositive motions. ____________________ (28 weeks after mgmt conf.) All discovery shall be commenced in time to be completed by this date. ____________________ (9 weeks before docket call) ____________________ (8 weeks before docket call) Notice of intent to offer certified records Counsel and unrepresented parties are each responsible for contacting opposing counsel and unrepresented parties to determine how they will prepare the Joint Final Pretrial Order and Joint Proposed Jury Instructions and Verdict Form (or Proposed Findings of Fact and Conclusions of Law in non-jury cases). To avoid the cost of designating deposition extracts and objecting to same, counsel shall discuss witnesses who have to be presented by deposition. Counsel should agree on a list of witnesses whom each counsel will subpoena, or if beyond the subpoena range (see Federal Rule of Civil Procedure 45), whom each counsel will arrange to have present at trial. ____________________ (6 weeks before docket call) Motions in limine due. Deadline to file Joint Final Pretrial Order. (Obtain form for Exhibit List from Eastern District’s website.) _____________________ (5 weeks before docket call) Response to motions in limine due.3 3 To save time and space, respond only to items objected to. All others will be considered to be agreed. Opposing counsel shall confer in an attempt to resolve any dispute over the motions in limine within five calendar days of the filing of any response. The parties shall notify the court of all issues which are resolved. (Court Form 11/6/2016) Page 9 ____________________ (4 weeks before docket call) File Proposed Jury Instructions/Verdict Form (or Proposed Findings of Fact and Conclusions of Law). For witnesses who are not going to be called live, oral and video deposition designations due. Each party who proposes to offer a deposition by video shall serve on all other parties a disclosure identifying the line and page numbers to be offered. All other parties will have seven calendar days to serve a response with any objections and requesting line and page numbers to be offered. Counsel must consult on any objections, and only those which cannot be resolved shall be presented to the court.4 The party who filed the initial Video Deposition Designation is responsible for preparation of the final edited video in accordance with all parties’ designations, and the court’s rulings on objections. (Designations are not to be made for witnesses who will appear live, nor for impeachment on cross-examination.) ____________________ (2 weeks before docket call) File unresolved objections to oral and video deposition extracts. Date will be set by court. If numerous motions are pending, the court may set a Usually within 10 days prior hearing to consider all pending motions and objections. to docket call. January 25, 2017 January 30, 2017 Docket call and Final Pretrial at 1:30 p.m. in Lufkin, Texas. Date parties should be prepared to try case. Provide court with two copies of Exhibit list, using form from District Clerks Office. Absent agreement of the parties, this should not have exhibits which were not listed in the Final Pretrial Order. 10:00 a.m. Jury selection and trial in Lufkin, Texas. Case will then be tried in order with other cases on the docket. Depending on disposition of other cases on court’s docket, jury selection may be the following week. About a month before docket call, counsel may wish to consult with counsel for the other cases on the January docket to determine whether their cases are likely to settle. 4 Opposing counsel shall confer to determine whether objections can be resolved without a court ruling. The court needs a copy of the pertinent deposition to rule on any objection. (Court Form 11/6/2016) Page 10

=== Standard Scheduling Order (PDF) ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION PLAINTIFF, Plaintiffs, v. DEFENDANT, Defendants. § § § § § § § § § CIVIL ACTION No. 1:YR-CV-XXX JUDGE RON CLARK Initials SCHEDULING ORDER The court, after considering the joint attorney conference report and after reviewing the case file, enters this case specific order which controls disposition of this action pending further order of the court. The following actions shall be completed by the date indicated.1 DEADLINES Deadline for motions to transfer. Deadline to add parties. Deadline to designate expert witnesses and reports on issues for which the party bears the burden of proof, pursuant to Federal Rule of Civil Procedure 26(a)(2) and Local Rule CV-26(b). Deadline for Plaintiff to file amended pleadings. A motion for leave to amend is not necessary. 1 If a deadline falls on a Saturday, Sunday, or a legal holiday as defined in Federal Rule of Civil Procedure 6, the effective date is the first federal court business day following the deadline imposed. (Court Form 9-16-2016) Seven weeks after disclosure of an expert is made. Deadline for Defendant’s final amended pleadings. A motion for leave to amend is not necessary. Deadline to designate expert witnesses and reports on issues for which the party does not bear the burden of proof, pursuant to Federal Rule of Civil Procedure 26(a)(2) and Local Rule CV-26(b). Deadline to object to any other party’s expert witnesses. Objections shall be made by a motion to strike or limit expert testimony and shall be accompanied by a copy of the expert’s report in order to provide the court with all the information necessary to make a ruling on any objection. The court will not accept objections to experts filed in any form, including motions in limine, after this date.2 Expert reports should include the categories of information set out in Federal Rule of Civil Procedure 26(a)(2)(B) and 26(a)(2)(C)(i)–(ii). Challenges to expert reports should include those set out in Federal Rule of Evidence 702(a)–(d) and 703. Deadline for motions to dismiss, motions for summary judgment, or other dispositive motions. All discovery shall be commenced in time to be completed by this date. Notice of intent to offer certified records. Counsel and unrepresented parties are each responsible for contacting opposing counsel and unrepresented parties to determine how they will prepare the Joint Final Pretrial Order, Joint Proposed Jury Instructions and Verdict Form (or Proposed Findings of Fact and Conclusions of Law in non-jury cases). To avoid the cost of designating deposition extracts and objecting to same, counsel shall discuss witnesses who have to be presented by deposition. Counsel should agree on a list of witnesses whom each counsel will subpoena, or if beyond the subpoena range (see Federal Rule of Civil Procedure 45), whom each counsel will arrange to have present at trial. 2 This requirement has two goals: (1) to encourage early disclosure of experts so that if one is struck, the party will have time to find another; and (2) to avoid the gamesmanship that has become common as parties attempt to disqualify experts with a motion in limine, thus distracting opponents during final trial preparations and perhaps even blocking testimony required to establish a claim or defense. (Court Form 9-16-2016) Motions in limine are due. File Joint Final Pretrial Order. The form is available on the Eastern District of Texas’s website. Responses to motions in limine are due.3 File Proposed Jury Instructions / Verdict Form (or Proposed Findings of Fact and Conclusions of Law). For witnesses who are not going to be called live, oral and video deposition designations are due. Each party who proposes to offer a deposition by video shall serve on all other parties a disclosure identifying the line and page numbers to be offered. All other parties will have seven calendar days to serve a response with any objections and requesting line and page numbers to be included in the video. Counsel must consult on any objections, and only those which cannot be resolved shall be presented to the court.4 The party who filed the initial video designation is responsible for preparation of the final edited video in accordance with all parties’ designations, and the rulings on objections. (Designations are not to be made for witnesses who will appear live, nor for impeachment on cross-examination.) File unresolved objections to oral and video deposition extracts. Date to be set by the court. If numerous motions are pending, the court may set a hearing to consider all pending motions and objections. Docket call and Final Pretrial at Time in Beaumont. Date the parties should be prepared to try the case. Provide the court with two copies of the Exhibit List, using form from the District Clerk’s Office. Absent agreement of the parties, this should not have exhibits that were not listed in the Final Pretrial Order. 3 To save time and space respond only to items objected to. All others will be considered to be agreed. Opposing counsel shall confer in an attempt to resolve any dispute over the motions in limine within five calendar days of the filing of any response. The parties shall notify the court of all the issues which are resolved. 4 Opposing counsel shall confer to determine whether objections can be resolved without a court ruling. The court needs a copy of the pertinent deposition to rule on any objection. (Court Form 9-16-2016) Jury selection and trial in Beaumont at 9:00 AM. This case will then be tried in order with other cases on the docket. Depending on disposition of other cases on the court’s docket, jury selection may be the following week. About a month before docket call, counsel may wish to consult with counsel for the other cases on the January docket to determine whether their cases are likely to settle. SCOPE OF DISCOVERY Taking into account the needs of the case, the amount in controversy, the parties’ resources, the importance of the issues at stake in the litigation, the parties’ relative access to relevant information, the importance of the proposed discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit, the court modifies the parameters of discovery in the following respects. See FED. R. CIV. P. 26(b)(1), (b)(2)(iii). Disclosure. The parties are reminded of the requirement, set out in this court’s initial Order Governing Proceedings, to have already disclosed, without awaiting a discovery request, information such as names of persons likely to have, and documents containing, information relevant to a claim or defense of any party. If there are any questions about whether information is relevant to a claim or defense of any party, then review Local Rule CV-26(d). A party that fails to timely disclose any of the information required to be disclosed by order of this court or by the Federal Rules of Procedure, will not, unless such failure is harmless, be permitted to use such evidence at trial, at a hearing, or in support of a motion. Depositions. [If the attorneys didn’t do the initial mandatory disclosures, then add in this sentence] Although [specify which side didn’t do the disclosures or don’t specify if neither side did] counsel have presumably interviewed their own clients, they have not chosen to perform the initial mandatory disclosures required under the Order Governing Proceedings (DOC. # ). [If their description of the depositions sought is vague or not specific/is mostly catch-all phrases] [Further] [specify which side was vague or don’t specify if both were vague] counsel has failed to provide the court with proper guidance on who the parties expect to depose, instead relying on vague, catch-all phrases. [Add in the next sentence if either of the above sentences will be added in the case] To fulfill its responsibilities under Fed. R. Civ. P. 1 (which of course now applies to counsel) the Court will allow the discovery typically needed in a case of this type. Plaintiff may depose 30(b)(6) representatives [if D is an entity] and [list the witnesses identified by P in R 26(f) report if it seems they made a reasonable request] Defendant may depose 30(b)(6) representatives [if P is an entity] and [list the witnesses identified if request seems reasonable] Each party may depose expert witnesses disclosed by opposing party. [If health care or treatment is an issue allow deposition of health care providers] Each party may also depose [usually 1,2 or 3- depends on type & size of case and how competent their 26f report seemed to be] additional witnesses as “extra depositions.” The total time allotted for the “extra depositions” (Court Form 9-16-2016) Page 4 is limited to [usually about 2.5 to 3 hours per extra witness. Give them time to get info but not full 7 hours per. In very complex case maybe as much as 4 hours per] hours for Plaintiffs and [same] hours for Defendants, whether the time is used in direct examination or cross- examination. Absent court order, all depositions shall be taken in compliance with Federal Rule of Civil Procedure 30(d) and Local Rule CV-30. The parties are permitted unlimited depositions on written questions of custodians of business records. Electronic Discovery. Electronically stored information will be produced in hard copy form or multi-page TIFF format, unless the parties agree otherwise. The parties are excused from the pretrial disclosure requirements set forth in Federal Rule of Civil Procedure 26(a)(3), as such disclosure is cumulative of this court’s pretrial order procedures. DISCOVERY DISPUTES A magistrate judge is available during business hours to immediately hear discovery disputes and to enforce provisions of the rules. The hotline is the best means to obtain an immediate ruling on whether a discovery request is relevant to any claims or defenses and on disputes which arise during depositions. The hotline number is (903) 590-1198. See Local Rule CV-26(e). Before filing a motion to compel, a motion to quash, or a motion for protection from discovery, lead counsel must confer in good faith concerning the disputes. If an agreement can not be reached, counsel should call the hotline. If the magistrate judge on duty is not available within a reasonable time, counsel should call this court and determine whether Judge Clark is available for a phone conference. Before calling the magistrate judge or this court on any dispute arising outside of a deposition, any attorney would be well advised to list, in about a half a page, the key points counsel wishes to make, any pertinent record references, and the applicable rule provision, statute, or case that supports counsel’s position. Electronic discovery: In cases involving disputes over extensive electronic discovery counsel for both sides shall review the court’s [Model] Order Regarding E-Discovery in Patent Cases before contacting the Hotline or filing motions to compel or to quash. The order can be modified for use in any case in which electronic discovery is an issue, and any ruling of the court on conduct of electronic discovery will likely be based, at least in part, on that model order. See ED Texas Website under Quick Links / Forms / Patent Forms / Order Regarding E-Discovery in Patent Cases. (Court Form 9-16-2016) RESOURCES The Eastern District of Texas website (http://www.txed.uscourts.gov) contains information about Electronic filing, which is mandatory, Local Rules, telephone numbers, general orders, frequently requested cases, the Eastern District fee schedule, and other information. The electronic filing HelpLine is 1-866-251-7534. COMPLIANCE A party is not excused from the requirements of this scheduling order by virtue of the fact that dispositive motions are pending, the party has not completed its investigation, the party challenges the sufficiency of the opposing party’s disclosure, or because another party has failed to comply with this Order or the rules. Failure to comply with relevant provisions of the Local Rules, the Federal Rules of Civil Procedure, or this Order may result in the exclusion of evidence at trial, the imposition of sanctions by the court, or both. If a fellow member of the Bar makes a just request for cooperation or seeks scheduling accommodation, a lawyer will not arbitrarily or unreasonably withhold consent. However, the court is not bound to accept agreements of counsel to extend deadlines imposed by rule or court order. See Local Rule AT-3(j). TRIAL The deadlines for pre-trial matters, such as exchanging exhibits, and objections, are intended to reduce the need for trial objections, side-bar conferences, and repetitive presentation of evidentiary predicates for clearly admissible evidence. Counsel should be familiar with the evidence display system available in the courtroom. Copies of exhibits which will be handed to witnesses should be placed in a three ring binder, with an additional copy for the court. (To make it easy to direct the witness to the correct exhibit while on the stand, Plaintiff should use a dark colored binder such as black or dark blue. Defendants should use a light colored binder, such as white, red, or light blue.) No single binder of exhibits shall exceed three inches in width. Alternatively, if exhibits have been scanned and will be presented via a computer projection system, be sure there is a way for the court to view or read them separately so as to be able to understand motions and objections. (Court Form 9-16-2016) Page 6

=== Appropriate Courtroom Attire ===

Dress Code Attorneys, Parties, Corporate Representatives: Attorneys, parties (except criminal defendants), and corporate representatives are required to wear standard business attire. For men, this includes a suit with coat and tie or a coat and tie with tailored slacks or khaki pants. A coat and tie with jeans or other denim pants are not acceptable. For women, this includes tailored suits and tailored dresses. Slacks are appropriate if part of a tailored suit. Slacks or skirts with a blouse or sweater, but without a jacket, are not acceptable. Extremely short skirts and other revealing clothing (tight, short, low-cut, thin) are not acceptable. Jurors and Witnesses: Jurors and Witnesses shall dress appropriately and respectfully for the courtroom. For men, other than uniformed law enforcement officers, this includes: a coat and, slacks or khaki pants. For women, other than uniformed law enforcement officers, this includes: tailored dresses; blouses or dress shirts with appropriate skirts, tailored slacks, or khaki pants. No shorts, jeans or other denim pants, overalls, scrubs, tee shirts, tank tops, mid-riff baring or other revealing or low cut clothing, extremely short skirts, sunglasses, flip-flops, or hats shall be permitted in the courtroom. Spectators: Spectators are required to dress appropriately and respectfully for the courtroom. Men are required to wear coats. No shorts, scrubs, tee shirts, tank tops, mid-riff baring or other revealing or low cut clothing, extremely short skirts, sunglasses, flip-flops, or hats shall be permitted in the courtroom