Report of Parties' Planning Meeting; Notice of Case Management Conference; Civil Trial Order; Criminal Trial Order; Criminal Pretrial Order; Settlement Conferences; Case Management Order; Compliant Protective Orders; Discovery Dispute Procedure; Generative AI
Hon. Christopher A. Boyko · U.S. District Court for the Northern District of Ohio
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=== Report of Parties' Planning Meeting ===
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION , , Plaintiff(s), vs. Defendant(s). CASE NO. JUDGE CHRISTOPHER A. BOYKO REPORT OF PARTIES’ PLANNING MEETING UNDER FED. R. CIV. P. 26(f) AND L.R. 16.3(b) 1. Pursuant to Fed. R. Civ. P. 26(f) and L.R. 16.3(b), a meeting was held on _________________, 20___ , and was attended by: __________________________counsel for plaintiff(s) _______________________ __________________________counsel for plaintiff(s)________________________ __________________________counsel for defendant(s)______________________ __________________________counsel for defendant(s)______________________ 2. The parties: ____ have exchanged the pre-discovery disclosures required by Rule26(a)(1) and the Court's prior order; ____ will exchange such disclosures by_____________________ , 20___ ; ____ have not been required to make initial disclosures. 3. The parties recommend the following track: ___ Expedited ___ Standard ___ Complex ___ Administrative ___ Mass Tort 4. Pursuant to Local Rule 5.1(c) all documents must be electronically filed absent a showing of good cause. 5. This case is suitable for one or more of the following Alternative Dispute Resolution (ADR) mechanisms: _____ Early Neutral Evaluation ____ Mediation ____ Arbitration. _____ Case is not suitable for ADR at this time but may be after discovery. _____ Case is not suitable for ADR at any time. 6. The parties ____ do/ ____ do not consent to the jurisdiction of the United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). 7. Recommended Discovery Plan: (a) Describe the subjects, nature and extent of discovery ______________________________________________________________ ______________________________________________________________ ____________________________________________________________: (b) Non-Expert discovery cut-off date:________________________________ (c) Plaintiff’s expert report due date: ________________________________ (d) Defendant’s expert report due date: ______________________________ (e) Expert discovery cut-off date: ________________________________ 8. Recommended cut-off date for amending the pleadings and/or adding additional parties: _________________________ 9. Recommended dispositive motion date: ____________________________ 10. Recommended date for a Status Hearing/Settlement Conference: _____________________________ 11. Other matters for the attention of the Court:________________________ ___________________________________________________________________ ___________________________________________________________________. _____________________________________________ Attorney for Plaintiff(s)___________________________ _____________________________________________ Attorney for Plaintiff(s)___________________________ _____________________________________________ Attorney for Defendant(s)_________________________ _____________________________________________ Attorney for Defendant(s)_________________________
=== Notice of Case Management Conference ===
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION , Plaintiff, vs. , Defendant. JUDGE CHRISTOPHER A. BOYKO CASE NO. NOTICE OF CASE MANAGEMENT CONFERENCE All counsel and /or parties will take notice that the above entitled action has been set for a Case Management Conference (CMC) on at before Judge Christopher A. Boyko. United States District Court Local Rule 16.1 will apply to this case. LEAD COUNSEL AND ALL PARTIES MUST BE PRESENT IN PERSON. If the presence of lead counsel and parties will constitute an undue hardship, a written motion to excuse the presence of such person must be filed no later than seven (7) days prior to the CMC or the motion will not be considered. This case is subject to the provisions of Differentiated Case Management (DCM) as set forth in the Local Rules of the Northern District of Ohio. This Court will evaluate this case in accordance with the LR 16.2(a)(1) and assign it to one of the case management tracks. Each of the tracks (expedited, standard, complex, mass tort and administrative) has its own set of guidelines and time lines governing discovery practice, motion practice and trial. Unscheduled Motions for Summary Judgment may not be filed unless leave of Court has been sought and granted. Except in government collection cases and actions by unrepresented prisoners, the parties shall meet prior to the CMC to discuss the case and prepare a proposed discovery plan pursuant to Fed. R. Civ. P. 26(f). The Court places the burden of arranging this meeting on counsel for Plaintiff(s) if originally filed with this Court or, on counsel for Defendant(s) if removed. The parties shall, at or within 10 days after the meeting and without awaiting a discovery request, provide the basic information to the other parties specified by Fed. R. Civ. P. 26(a)(1) (initial disclosures). Fed. R. Civ. P. 26(a)(2) (disclosure of expert testimony) and Fed. R. Civ. P. 26(a)(3) (pretrial disclosures) shall also apply in this case. A Report of Parties’ Planning Meeting under Fed. R. Civ. P. 26(f) and Local Rule 16.3 (b), (parties may use attached form) shall be filed with the Court at least three working days before the CMC. Except in patent cases, a party may not seek formal discovery from any source before the parties have met and conferred, pursuant to Fed. R. Civ. P. 26(d). Unless otherwise ordered by the Court, initial disclosures, discovery depositions, interrogatories , requests for documents, requests for admissions, answers and responses thereto shall not be filed with the Clerk’s office, except that discovery materials may be filed as evidence in support of a motion or for use at trial. Certain claims allow for, or entitle, prevailing parties to collect attorney fees from the other party. If this case contains such a claim, each party must bring to the Case Management Conference a preliminary estimate and/or budget of the anticipated amount of fees and expenses. Lead counsel of record shall provide a copy of this report to his or her client prior to the CMC. These reports will be exchanged at the CMC. Plaintiff(s) shall provide defendant(s) with a written demand to include a description and monetary breakdown of the damages claimed no later than one week prior to the date of the Status Conference. Defendant(s) shall respond with an offer no later than the date of the Status Conference. It is the responsibility of counsel for the plaintiff(s) to verify that a copy of this Order has been received by counsel for defendant(s) or, if no counsel has entered an appearance for defendant(s), has been received by defendant(s). Please note, effective January 1, 2006, ALL attorneys who practice before this Court are REQUIRED to file electronically pursuant to Local Civil Rule 5.1(c). Further, any attorney desiring to practice in a case before this Court, whose name has not appeared on an initial pleading or motion, shall enter a written notice of appearance. Failure to comply with any standing order, case management order, or settlement conference order may result in sanctions. IT IS SO ORDERED. s/ Christopher A. Boyko CHRISTOPHER A. BOYKO United States District Judge DATED:
=== Civil Trial Order ===
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Plaintiff, vs. Defendant. CASE NO. JUDGE CHRISTOPHER A. BOYKO CIVIL TRIAL ORDER This case is scheduled for trial on __________________at ____________ in Courtroom 15B of the Honorable Christopher A. Boyko, United States District Court, 801 W. Superior Avenue, Cleveland, Ohio. The Final Pretrial is scheduled for________________ at___________ Lead trial counsel for all parties shall be present and prepared with full authority to discuss all aspects of the case, including pleadings, settlement and scheduling. Parties shall attend in person unless counsel has requested and received prior approval from the Court for a party to attend by telephone. Parties attending by telephone must be readily available at all times during the conference. 1 The following instructions will govern the operation of the trial and the obligations of parties and their counsel: 1. Trial Briefs Trial briefs are required in all cases and must be filed with the Court, no later than seven days before the Final Pretrial. If a Final Pretrial is not scheduled, trial briefs must be filed fourteen days before trial. Trial briefs shall include: (a) a statement of the facts; (b) a discussion of the controlling law with particular emphasis on those legal issues which might justify a complete or partial motion under Rule 50 of the Federal Rules of Civil Procedure; (c) a list of proposed witnesses along with a brief description of the subject matter of the testimony of each witness; (d) an index of all proposed exhibits containing a brief description of each exhibit; (e) a discussion of any evidentiary issues likely to arise at trial; and (f) an estimate of the length of the trial. Motions in Limine shall be filed with the trial brief. Responses to Motions in Limine shall be filed three days prior to the Final Pretrial. If there is no Final Pretrial, then Responses to Motions in Limine shall be filed seven days before trial. In non-jury trials, proposed Findings of Fact and Conclusions of Law shall be incorporated into the trial brief. Proposed Findings of Fact and Conclusions of Law shall be consecutively numbered with each stated in a separate paragraph. The proposed Findings of Fact shall cite the particular witness(es) or exhibit(s) upon which each suggested finding is based. Proposed Conclusions of Law shall cite legal authority. In a jury case, trial briefs also shall include any proposed voir dire questions, jury instructions, special interrogatories and verdict forms as outlined in sections 2 and 3 below. 2 Counsel are required to exchange their trial briefs with opposing counsel. If a witness is not listed in the trial brief, the witness shall not testify except under extraordinary circumstances. This rule applies to lay witnesses as well as to expert witnesses. Exhibits not listed in the trial brief shall not be introduced at trial, absent a showing of good cause. 2. Voir Dire The Court will conduct initial voir dire of the panel and of individual panel members. The Court may thereafter allow one counsel for each party to question briefly individual panel members on issues not addressed by the Court. The Court will discontinue questioning by counsel if questioning seeks to accomplish anything other than to elicit information regarding the panel member’s background, biases or suitability for service. Proposed questions for the Court’s questioning shall be submitted with the trial brief. 3. Proposed Jury Instructions Counsel for the various parties are required to confer with one another in person with respect to proposed jury instructions, special interrogatories and verdict forms, with a view to reaching an agreement. Proposed jury instructions, special interrogatories and verdict forms shall be filed in the trial brief of the parties. The instructions agreed upon by all counsel shall be identified. Disputed instructions shall also be identified, along with separate citations to legal authority for each instruction. No proposed jury instruction will be considered by the Court unless it has been submitted in compliance with these provisions, except that requests for instructions that could not reasonably have been anticipated may be submitted during trial. 3 Counsel must also provide the agreed upon jury instructions to the Court in an electronically modifiable form by email. Parties shall contact the Court at 216-357- 7151 for emailing instructions. 4. Preliminary Statements and Stipulations Counsel shall prepare a joint statement describing the case in an impartial, easily understood and concise manner for use by the Court either during voir dire or at the time the jury is impaneled. This statement will be used to set the context of the trial for the jury and must be submitted at the same time the trial brief is submitted. Stipulations of Fact, if any, shall be submitted at the same time as the Preliminary Statements. 5. Exhibits One copy of all exhibits shall be furnished to the Court no later than one day before trial. There is no need to file the exhibits with the Clerk of Courts. Counsel shall exchange copies of all exhibits no later than three working days before the date on the trial notice. Exhibits shall be marked before trial with exhibit stickers, which are available from the Clerk’s office on request. The plaintiff shall mark exhibits with numbers and the defendants shall mark exhibits with letters. Both sides shall indicate the case number on the bottom portion of the exhibit sticker. If there are multiple parties, the parties last name shall precede the number or letter (i.e., “Smith-1" or “Green-A”). If the parties have a joint exhibit it shall be marked as “Jt. Ex. 1" or “Jt. Ex. 2"etc. If the defendant has more than 26 exhibits, double letters shall be used (i.e., AA, BB, CC, etc.). The Court recommends that counsel place all exhibit sets in three-ring, looseleaf binders/notebooks, with appropriately marked divider tabs and a table of 4 contents at the front. The Court encourages counsel to show exhibits to the jury during trial, however, counsel must have received a prior ruling of the court that the exhibits are admissible. If the court has granted admission, counsel is urged to use the electronic display for the court and jury, and must also provide sufficient hard copies for each juror to utilize during deliberations. 6. Deposition Testimony (Videotape and Written) Whenever depositions (videotape and written) are intended as trial evidence, counsel proposing to use such deposition shall notify opposing counsel at least seven days before the Final Pretrial. Any objections to portions of the deposition must be filed in writing with the Court at least three days prior to the Final Pretrial. If a Final Pretrial is not scheduled, counsel shall be notified fourteen days prior to trial and objections filed seven days prior to trial. If there are objections, counsel proposing to use said deposition shall file a brief in support within two days after the objections are filed or indicate an agreement to delete the portion for which there is an objection. The Court must be provided with a complete written transcript of videotape depositions. 8. Electronic Courtroom Judge Boyko’s Courtroom is electronically wired for clear and efficient presentation of evidence and to expedite trials. Counsel are expected to utilize this technology for trial to the fullest extent within their knowledge and means. Training is available on the use of all equipment by the Clerk’s office and/or Judge’s staff prior to trial. Any counsel requesting assistance on the use of the equipment shall make arrangements with the staff no later than three business days prior to trial. 5 7. Continuances No party shall be granted a continuance of a trial or hearing without a written motion from the party or counsel stating the reason for the continuance endorsed in writing by all moving parties and their lead counsel of record and filed no later than seven days prior to the date of trial. The Court will not consider any motion for a continuance due to a conflict of trial assignment dates unless a copy of the conflicting assignment is attached thereto and filed thirty days prior to date of trial. IT IS SO ORDERED. S/Christopher A. Boyko CHRISTOPHER A. BOYKO United States District Judge DATE: 6
=== Criminal Trial Order ===
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION UNITED STATES OF AMERICA, v. Plaintiff, , Defendant. : : : : : : : : : : : CASE NO: JUDGE CHRISTOPHER A. BOYKO CRIMINAL TRIAL ORDER Arraignment was held on . Trial of this matter is scheduled to commence on in Court Room 15B, United States Court House. Final Pretrial is set for . A motion for continuance shall state with particularity the reasons justifying a trial date beyond the statutory time period as required by Title 18 U.S.C. §3161. The motion shall also contain the defendant’s consent to a continuance in writing. The attention of counsel for all parties is specifically directed to General Order No. 119 of the United States District Court for the Northern District of Ohio, adopted September 11, 1990 (Jury Utilization Management Plan), which provides that "plea negotiations must be completed by a date certain in advance of the scheduled trial." Accordingly, the Court will not accept a plea agreement which is submitted later than one day prior to the trial date. Counsel shall immediately notify the Court in writing of any failure to provide discovery material. The Court will not continue a scheduled trial because of a failure to 1 provide discovery if this requirement has not been followed. Motions: Pretrial motions, including motions to suppress, shall be filed on or before , (14 days prior to final pretrial). Briefs In Opposition shall be filed on or before ,(7 days prior to final pretrial). If required, a Suppression Hearing will be held on the date of the Final Pretrial. Every motion filed shall be supported by a substantial foundation, explicitly stated pursuant to Local Rule 12.1. Counsel f or Government shall respond in writing to a motion to suppress. A Motion for a Criminal History Report shall be filed no later than thirty-five days prior to the final pretrial. Trial Documents: The following trial documents shall be submitted to the Court not later than 4:00 p.m., two working days prior to the final pretrial. 1. 2. 3. 4. Counsel for the parties are directed to confer in person, agree upon stipulations, and reduce them to writing. Stipulations shall be signed by all counsel and submitted to the Court. Counsel for the parties shall confer in person and, to the extent possible, agree upon and submit to the court a complete set of jury instructions. Additional proposed jury instructions, which are disputed by the parties, must be submitted to the Court and opposing counsel. Such proposed jury instructions shall be supported by legal authority. THE COURT SHALL ADHERE CLOSELY TO PATTERN CRIMINAL JURY INSTRUCTIONS ISSUED BY THE SIXTH CIRCUIT AND THE FEDERAL JUDICIAL CENTER. Counsel for the parties shall submit to the Court, in writing, a list of voir dire questions. Counsel for the parties shall submit to the Court appropriate 2 memoranda, with citations to legal authority, in support of evidentiary questions and any other legal issues which may reasonably be anticipated to arise at trial. 5. 6. 7. Counsel for the parties shall submit to the Court an estimate of the length of trial. Counsel for the parties shall submit to the Court a final description of materials/exhibits that will be used in the electronic courtroom and a list of proposed witnesses along with a brief description of the subject matter of the testimony of each witness. Counsel for the parties shall confer, and to the extent possible, agree and submit a summary of the Indictment, which the Court will read to the jury. If counsel cannot agree, each shall submit a proposed summary. Electronic Courtroom: Judge Boyko’s Courtroom is electronically wired for clear and efficient presentation of evidence and to expedite trials. Counsel are expected to utilize this technology for trial to the fullest extent within their knowledge and means. Please refer to the Northern District of Ohio’s website, (www.OHND.uscourts.gov), Courtroom Technology, Technology Overview, ECR Litigants Guide. Training is available on the use of all equipment by the Judge’s staff prior to trial. Any counsel requesting assistance on the use of the equipment shall make arrangements with the Courtroom Deputy by calling 216-357-7153, no later than three business day s prior to trial. Exhibits: Prior to trial, counsel for the parties shall complete the following: 1. 2. 3. Counsel shall exchange demonstrative evidence, such as models or sketches, no later than two days prior to trial. All exhibits must be marked before trial in accordance with Local Rule 23.2. One copy of all trial exhibits shall be submitted to the Court in a binder, along with an index of the exhibits, not later than two days prior to trial. 3 The Court encourages counsel to show exhibits to the jury during trial, however, counsel must have received a prior ruling of the court that the exhibits are admissible. If the court has granted admission, counsel is urged to use the electronic display for the court and jury and must also provide sufficient hard copies for each juror to utilize during deliberations. Continuances: The Court will not grant a continuance of a trial or hearing without a written motion stating the reason for the continuance. The Court will not consider any motion for a continuance due to a conflict of trial assignment dates unless a copy of the conflicting assignment is attached thereto. Failure to comply with this Order may result in sanctions. IT IS SO ORDERED. s/Christopher A. Boyko CHRISTOPHER A. BOYKO UNITED STATES DISTRICT JUDGE DATED: 4
=== Criminal Pretrial Order ===
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION UNITED STATES OF AMERICA, : Plaintiff, v. Defendant. CASE NO: JUDGE CHRISTOPHER A. BOYKO CRIMINAL PRETRIAL ORDER : : : : : : : : : : Arraignment was held on Trial of this matter is scheduled to commence on in Court Room 15B, United States Court House. Final Pretrial is set for . A motion for continuance shall state with particularity the reasons justifying a trial date beyond the statutory time period as required by Title 18 U.S.C. §3161. The motion shall also contain the defendant’s consent to a continuance in writing. . The attention of counsel for all parties is specifically directed to General Order No. 119 of the United States District Court for the Northern District of Ohio, adopted September 11, 1990 (Jury Utilization Management Plan), which provides that "plea negotiations must be completed by a date certain in advance of the scheduled trial." Accordingly, the Court will not accept a plea agreement which is submitted later than one day prior to the trial date. Counsel shall immediately notify the Court in writing of any failure to provide discovery material. The Court will not continue a scheduled trial because of a failure to provide 1 discovery if this requirement has not been followed. Motions: Pretrial motions, including motions to suppress, shall be filed on or before , (14 days prior to final pretrial). Briefs In Opposition shall be filed on or before ,( 7 days prior to final pretrial). If required, a Suppression Hearing will be held on the date of the Final Pretrial. Every motion filed shall be supported by a substantial foundation, explicitly stated pursuant to Local Rule 12.1. Counsel for Government shall respond in writing to a motion to suppress. Trial Documents: The following trial documents shall be submitted to the Court not later than 4:00 p.m., two working days prior to the final pretrial. 1. 2. 3. 4. Counsel for the parties are directed to confer in person, agree upon stipulations, and reduce them to writing. Stipulations shall be signed by all counsel and submitted to the Court. Counsel for the parties shall confer in person and, to the extent possible, agree upon and submit to the court a complete set of jury instructions. Additional proposed jury instructions, which are disputed by the parties, must be submitted to the Court and opposing counsel. Such proposed jury instructions shall be supported by legal authority. THE COURT SHALL ADHERE CLOSELY TO PATTERN CRIMINAL JURY INSTRUCTIONS ISSUED BY THE SIXTH CIRCUIT AND THE FEDERAL JUDICIAL CENTER. Counsel for the parties shall submit to the Court, in writing, a list of voir dire questions. Counsel for the parties shall submit to the Court appropriate memoranda, with citations to legal authority, in support of evidentiary questions and any other legal issues which may reasonably be anticipated to arise at trial. 5. Counsel for the parties shall submit to the Court an estimate of the 2 length of trial. 6. Counsel for the parties shall submit to the Court a final description of materials/exhibits that will be used in the electronic courtroom. Electronic Courtroom Judge Boyko’s Courtroom is electronically wired for clear and efficient presentation of evidence and to expedite trials. Counsel are expected to utilize this technology for trial to the fullest extent within their knowledge and means. Training is available on the use of all equipment by the Judge’s staff prior to trial. Any counsel requesting assistance on the use of the equipment shall make arrangements with the staff no later than three business days prior to trial. Exhibits: Prior to trial, counsel for the parties shall complete the following: 1. 2. 3. Counsel shall exchange demonstrative evidence, such as models or sketches, no later than two days prior to the date of trial. All exhibits must be marked before trial in accordance with Local Rule 23.2. One copy of all trial exhibits shall be submitted to the Court in a binder, along with an index of the exhibits, not later than the morning of the trial. The Court encourages counsel to show exhibits to the jury during trial, however, counsel must have received a prior ruling of the court that the exhibits are admissible. If the court has granted admission, counsel is urged to use the electronic display for the court and jury and must also provide sufficient hard copies for each juror to utilize during deliberations. 3 Continuances: The Court will not grant a continuance of a trial or hearing without a written motion stating the reason for the continuance. The Court will not consider any motion for a continuance due to a conflict of trial assignment dates unless a copy of the conflicting assignment is attached thereto. IT IS SO ORDERED. DATED: s/Christopher A. Boyko CHRISTOPHER A. BOYKO UNITED STATES DISTRICT JUDGE 4
=== Settlement Conferences ===
COURT’S STANDING ORDER FOR SETTLEMENT CONFERENCES 1. Presettlement Conference Demand and Offer. The Court finds settlement conferences are more productive when written demands and offers are exchanged. Therefore, plaintiff’s counsel shall submit a written itemization of damages and settlement demand to defendant’s counsel with a brief explanation of why such a settlement is appropriate. The itemization of damages and demand shall be proffered to opposing counsel no later than ten days prior to the settlement conference. No later than five days prior to the settlement conference, defendant’s counsel shall submit a written offer to plaintiff’s counsel with a brief explanation why such a settlement is appropriate. If settlement is reached prior to the settlement conference parties shall inform the Court promptly. If no settlement is reached, plaintiff’s counsel shall deliver or fax (216- 357-7156) copies of these letters to Court chambers no later than Noon, two business days before the conference. Parties shall not file copies with the Clerk’s office. 2. Attendance of Parties Required. Parties with ultimate settlement authority must be personally present. An insured party shall appear by a representative of the insurer who is authorized to negotiate and who has authority to settle the matter up to the limits of the opposing party’s existing settlement demand. An uninsured corporate party shall appear by a representative authorized to negotiate and who has authority to settle the matter up to the amount of the opposing party’s existing settlement demand or offer. Having a client with authority available by telephone is NOT an acceptable alternative. 3. Conference Format. The settlement conference will commence with brief opening presentations by each side followed by a joint discussion and then private caucusing by the Court with each side. The Court expects both the lawyers and the party representatives to be fully prepared to participate. This means that counsel shall have had thorough and candid discussions with their clients regarding the costs of further litigation and the risks involved in going forward prior to the settlement conference. 4. Statements Inadmissible. Statements made by any party during the settlement conference will not be admissible at trial. Parties are encouraged to be frank and open in their discussions. 5. Involvement of Clients Counsel shall provide their clients with a copy of this Standing Order and shall discuss the points contained herein with the client prior to the settlement conference. 6. FAILURE TO COMPLY WITH THE COURT’S STANDING ORDER FOR SETTLEMENT CONFERENCES MAY RESULT IN SANCTIONS AGAINST THE PARTY AND/OR COUNSEL. IF PARAGRAPH #1 OF THIS ORDER, REQUIRING SUBMISSION OF DETAILED POSITION STATEMENTS, IS NOT OBEYED, THE COURT WILL ASSUME THAT THE CASE IS SETTLED AND WILL DISMISS THE MATTER WITHOUT PREJUDICE IT IS SO ORDERED. s/ Christopher A. Boyko CHRISTOPHER A. BOYKO United States District Judge
=== Case Management Order ===
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Plaintiff vs. Defendant. CHRISTOPHER A. BOYKO, J: ) CASE NO. JUDGE CHRISTOPHER A. BOYKO CASE MANAGEMENT ORDER A Case Management Conference was held in this matter on _________________________. IT IS ORDERED that: 1. The case is assigned to the ______expedited/_____standard/_____complex/mass tort track. 2. The case is_____/is not______ suitable for referral to an Alternative Dispute Resolution (ADR) program. The Court orders this case to: _____Early Neutral Evaluation ______Mediation _____Arbitration to occur ________________ ______________________________________________________________________________ ___________________________________, and shall be conducted by_____________________ __________________________________________________________. Parties with full settlement authority must attend these proceedings. Arbitration ___________is/_________ is not suitable after completion of discovery. 3. As of January 1, 2006, all cases must be filed electronically pursuant to Local Civil Rule 5.1(c). 4. The parties _____ do/ ___x___do not consent to the jurisdiction of the United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). 5. Non-expert discovery cut-off date: ______________________________________. 6. Plaintiff’s expert report due date: ________________________________________. 7. Defendant’s expert report due date: _______________________________________. 8. Expert discovery cut off date: ________________________________________. 9. Cut off date for amending pleadings and/or adding new parties:_________. 10. Dispositive Motions due: __________________________________. The Court will not accept, without granting prior leave, any supplemental motion, document, sur-reply, or exhibit in support of, or in opposition to, a dispositive motion, which has not been specifically addressed in the case management order. No request for an extension of time will be entertained unless it is filed prior to the date from which extension is sought and it indicates whether opposing counsel consents or objects to the requested extension. 11. Briefs in Opposition due: _________________________________. 12. Replies to Briefs in Opposition due: ____________________________. 13. Settlement Conference is set for _______________________________. 14. Counsel is______/is not_______ required to submit status reports to the Court every forty five days during the pendency of this matter. Status reports shall briefly state the following: (1) discovery that has occurred during the reporting period; (2) settlement discussions that have occurred during the reporting period; (3) motions that have been filed or remain pending during the reporting period; and (4) any developments that might give rise to a request to deviate from the schedule outlined in this Case Management Plan. Failure to file status reports may result in sanctions ranging from denial of time extensions to dismissal of claims or defenses under Rule 41(b). 15. Parties with full settlement authority shall be present at the Settlement Conference. Motions to excuse the presence of parties will only be entertained for reasons of undue hardship. Motions to excuse must be filed no later than seven (7) days prior to the scheduled Status Conference/ Settlement Conference. Excused parties must be available by phone at the time of the scheduled Settlement Conference. Parties shall comply with the Court’s Standing Order for Settlement Conferences. Failure to comply may result in sanctions up to and including dismissal and/or striking of offending party’s pleadings. 16. Parties are expected to comply with Local Rule 37.1 regarding any discovery disputes. The Court will not entertain phone calls or Motions to Compel prior to proof of compliance with Local Rule 37.1. For purposes of certification the Court requires affidavits of counsel attesting to good faith efforts to resolve the dispute. Affidavits may be filed or submitted to the Court by mail or fax. 17. This Order shall constitute notice for purposes of sanctions up to and including dismissal and/or striking of offending party’s pleadings for failure to abide by any Court Order. IT IS SO ORDERED. ______________ Date S:/Christopher A. Boyko CHRISTOPHER A. BOYKO Minutes: United States District Judge
=== Compliant Protective Orders ===
Courtroom 15-B Chambers Website Stipulated Protective Orders: For purposes of Stipulated Protective Orders on Civil Cases, the parties shall strictly track the language of Appendix L to the Local Civil Rules or Appendix A to the Local Patent Rules, and shall certify that the language of the proposed stipulation conforms.
=== Discovery Dispute Procedure ===
Discovery Dispute Procedure Parties are expected to comply with Local Rule 37.1 regarding any discovery disputes. The Court will not entertain phone calls or Motions to Compel prior to proof of compliance with Local Rule 37.1. For purposes of certification the Court requires affidavits of counsel attesting to good faith efforts to resolve the dispute. Affidavits may be filed or submitted to the Court by mail or fax
=== Generative AI ===
COURT’S STANDING ORDER ON THE USE OF GENERATIVE AI Pursuant to the Court’s inherent authority and the authority of Rule 11 of the Federal Rules of Civil Procedure, no attorney for a party, or a pro se party, may use Artificial Intelligence (“AI”) in the preparation of any filing submitted to the Court. Parties and their counsel who violate this AI ban may face sanctions including, inter alia, striking the pleading from the record, the imposition of economic sanctions or contempt, and dismissal of the lawsuit. The Court does not intend this AI ban to apply to information gathered from legal search engines, such as Westlaw or LexisNexis, or Internet search engines, such as Google or Bing. All parties and their counsel have a duty to immediately inform the Court if they discover the use of AI in any document filed in their case. IT IS SO ORDERED. /s Christopher A. Boyko CHRISTOPHER A. BOYKO United States District Judge 1