RULE 26(f) - CONFERENCE CHECKLIST FOR JUDGE KLOSTERMAN; Guidelines for Proposed Findings of Fact and Conclusions of Law for Bench Trials; Procedure for Presentation of Direct Testimony by Written Statement

=== RULE 26(f) - CONFERENCE CHECKLIST FOR JUDGE KLOSTERMAN ===

RULE 26(f) CONFERENCE CHECKLIST FOR THE HONORABLE SCOTT P. KLOSTERMAN Counsel shall be fully prepared to discuss in detail all aspects of discovery during the mandatory Rule 26(f) Conference. The subject matters to be discussed during the Rule 26(f) Conference shall include, but are not limited to, the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Jurisdiction; Venue; Service of process; Consent to Magistrate Judge pursuant to Local Rule 73.1; Amendments to pleadings; Factual and legal contentions that each party believes are material to the case; Initial disclosures (self-executing routine discovery) pursuant to Local Rule 26.1; A proposed plan and schedule for discovery, including dates for completion of fact discovery; The names of all known witnesses to be called to testify at trial. Additional witnesses and summaries of testimony shall be supplemented as ascertained and finalized at the final pretrial conference; Electronically stored data and information pursuant to Local Rule 26.1; Formal written discovery - interrogatories, requests for production, requests for admission; Identity and number of potential fact depositions; Identity and number of potential trial depositions; Location of depositions, deposition schedules, deposition costs, utilization of depositions by electronic or other remote means; Identify the number and type of expert witnesses to be called to present testimony during trial (including the identity of treating physicians) (See Local Rule 26.1); Rule 26(f) Conference Checklist 1 August 2021 16. Need for any claw back agreement or Order under Fed. R. Evid. 502; 17. Discovery issues and potential disputes; 18. Protective orders; 19. Potential dispositive motions; 20. Proposed trial date; 21. Length of trial; 22. Settlement possibilities and a settlement discussion schedule. Rule 26(f) Conference Checklist 2 August 2021

=== Guidelines for Proposed Findings of Fact and Conclusions of Law for Bench Trials ===

JUDGE KLOSTERMAN'S GUIDELINES FOR PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR BENCH TRIALS (a) Plaintiff shall first serve and file proposed findings and conclusions. Defendant shall then serve and file an answering proposal. (b) Plaintiff=s proposal shall include (1) a narrative statement of all facts proposed to be provided and (2) a concise statement of Plaintiff=s legal contentions and the authorities supporting them: (A) Plaintiff=s narrative statement of facts shall set forth in simple declarative sentences all the facts relied upon in support of Plaintiff=s claim for relief. It shall be complete in itself and shall contain no recitation of any witness= testimony or what any defendant stated or admitted in these or other proceedings, and no references to the pleadings or other documents. It may contain references in parentheses to the names of witnesses, depositions, pleadings, exhibits or other documents, but no party shall be required to admit or deny the accuracy of such references. It shall, so far as possible, contain no pejoratives, labels or legal conclusions. It shall be so constructed, in consecutively numbered paragraphs (though where appropriate a paragraph may contain more than one sentence), that the opposing parties will be able to admit or deny each separate sentence of the statement. (B) Plaintiff=s statement of legal contentions shall set forth all such contentions necessary to demonstrate the liability of Defendant. Such contentions shall be separately, clearly and concisely stated in separately numbered paragraphs. Each paragraph shall be followed by citations of authorities in support thereof. (c) Defendant=s responsive proposal shall correspond to Plaintiff=s proposal: (A) Each factual statement shall admit or deny each separate sentence contained in the narrative statement of fact of Plaintiff, except in instances where a portion of a sentence can be admitted and a portion denied. In those instances, Defendant shall state clearly the portion admitted and the portion denied. Each separate sentence of Defendant=s response shall bear the same number as the corresponding sentence in Plaintiff=s narrative statements of facts. In a separate portion of Defendant=s narrative statement of facts, Defendant shall set forth all affirmative matter of a factual nature relied upon by Defendant, constructed in the same manner as Plaintiff=s narrative statement of facts. (B) Defendant=s separate statement of proposed conclusions of law shall respond directly to Plaintiff=s legal contentions and shall contain such additional contentions of Defendant as may be necessary to demonstrate the non-liability of Defendant. Defendant=s statement of legal contentions shall be constructed in the same manner as is provided for in the similar statement of Plaintiff.

=== Procedure for Presentation of Direct Testimony by Written Statement ===

JUDGE RANKIN'S PROCEDURE FOR PRESENTATION OF DIRECT TESTIMONY BY WRITTEN STATEMENT In bench trials, the Court expects counsel to prepare, exchange, and file a narrative written statement for each expert witness or any witness whose direct testimony will involve significant technical matters, but no significant issues of credibility. These statements are not to be used for adverse parties or for persons whose attendance is compelled by subpoena. These witness statements shall be used at trial in accordance with the following procedure. Form of Statement. For each witness whose direct testimony will be presented in statement form, counsel shall prepare a statement setting forth in declaratory form all of the facts to which that witness will testify. The facts shall be stated in a narrative form, not by question and answer. The statement shall contain all of that witness’s direct testimony so that a person reading it will know all of the relevant facts to which the witness would testify. It shall not be sworn or notarized. Use of statements. At trial, each witness whose direct testimony has previously been submitted in statement form shall take the stand and under oath shall adopt the statement as true and correct. The party offering that witness shall then offer the statement as an exhibit, subject to appropriate objections by the opposing party on which the Court will then rule. The witness will then be allowed to supplement his/her statement by any additional live direct testimony considered necessary by counsel. Thereafter, cross-examination shall proceed in the ordinary course, followed by redirect, etc. Exhibits. Documents to be offered as exhibits shall not be attached to witness statements, but shall be pre-marked and exchanged along with other proposed exhibits in the usual fashion. Schedule for exchange of statements. Ordinarily, witness statements will be exchanged one week in advance of the pretrial conference. The Court will set dates for the serving and filing of witness statements in connection with the pretrial schedule.