Sample Civil Scheduling Order (PDF); Judicial Preferences (PDF)

=== Sample Civil Scheduling Order (PDF) ===

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE , v. , Plaintiff, Defendant. No.: 3:21-CV- SCHEDULING ORDER Introduction: The parties filed a Rule 26(f) report on [DATE] [and a Rule 16 scheduling 1. conference was held on [DATE]1]. The key scheduling deadlines are listed below with further discussion set forth herein. Key Scheduling Dates Trial Begins Estimated Length of Trial Final Pretrial Conference Dispositive Motions Deadline and Daubert Motion Deadline Discovery Deadline Expert Disclosure Deadline days Plaintiff: Defendant: Rebuttal: Except as otherwise set forth in this order, the schedule will not change except for good cause shown in strict compliance with Rule 6(b). 2. Jurisdiction: In this case, the subject matter jurisdiction of the Court has been invoked by plaintiff pursuant to 28 U.S.C. § [XXXX]. 3. Settlement/Alternative Dispute Resolution: The parties are advised of the availability 1 NOTE: The Court will determine whether to hold a Rule 16 scheduling conference on a case- by-case basis after receiving the parties’ Rule 26(f) report. 1 of the Federal Mediation Program (see Local Rule 16.4) and shall consider utilization of the program. a. Mediation in Employment Discrimination Cases: In each case involving alleged employment discrimination, the parties shall within [~5.5 months before trial] jointly file a report indicating their respective positions regarding whether the dispute is a matter suitable for mediation using the Federal Mediation Program under Local Rule 16.4. b. Utilization of Federal Mediation Program: If the parties elect to utilize the Federal Mediation Program, please notify the Mediation Coordinator; Howard H. Baker, Jr. United States Courthouse; 800 Market Street, Suite 130; Knoxville, Tennessee 37902. 4. Disclosure and Discovery; Including Experts: a. Rule 26(f) Meeting and Discovery Plan: [All steps were previously completed/ Indicate any outstanding issues and deadline]. The parties shall follow their discovery plan but may seek assistance from the Court in the event of a dispute. b. Electronic Discovery: The parties shall confer regarding the manner and method of exchanging electronic discovery and seek the Court’s assistance in the event an agreement cannot be reached. c. Initial Disclosures: The parties agreed to complete initial disclosures under Fed. R. Civ. P. 26(a)(1) by [DATE]. d. Protective Orders: In the event a need for a protective order arises, the parties shall endeavor to reach an agreement as to a protective order. In the absence of agreement, either party may file a motion for a protective order. e. Expert Testimony: Disclosure of any expert testimony in accordance with Fed. R. Civ. P. 26(a)(2)(B) and (C) shall be made by the plaintiff(s) on or before [~8 months before trial], and by defendant(s) on or before [~7 months before trial]. Parties shall disclose rebuttal expert testimony no later than [~6.5 months before trial]. Parties shall supplement these disclosures when required under Fed. R. Civ. P. 26(e). f. All Discovery: All discovery, including expert depositions, shall be completed by [~5.5 months before trial]. All written discovery requests should be served sufficiently in advance of the discovery deadline so that responses will be due prior to the deadline. g. Motion to Compel: Prior to filing a motion to compel, relevant parties shall meet and confer in an attempt to resolve the dispute. If the relevant parties are unable to resolve the dispute informally, the relevant parties shall contact chambers of the assigned Magistrate Judge to notify the Court of a dispute and schedule a time for a telephone conference to attempt to resolve the dispute. If, and only if, the relevant parties’ dispute is unresolved following the conference with the Magistrate Judge, the parties may file 2 an appropriate written motion with the Court. Any written motion shall include a certification of compliance with this subsection and, if applicable, the written certification required by Fed. R. Civ. P. 37(a)(1). 5. Other Scheduling Matters and Motion Practice a. Amendment of Pleadings/Joinder: Any motion to amend the pleadings or add parties should be filed on or before [~29 weeks before trial]. b. Dispositive Motions: All dispositive motions under Fed. R. Civ. P. 12 and 56 shall be filed on or before [~4 months before trial]. Any untimely motion may be summarily denied. Per Local Rule 7.1(a), a responding party shall have twenty-one (21) days after the date a dispositive motion is filed to respond, after which time the Court may proceed to rule upon the motion on the basis of the record as it then appears. c. Expert Witness and Daubert Motions: Objections to a proposed expert witness’s qualifications or that witness’s competency to offer an expert opinion, or any objection to a proposed expert’s testimony under Federal Rules of Evidence 701 through 706 and Daubert, shall be filed by [~ 4 months before trial]. Responses shall be filed on or before [~3 mos. before trial]. Pursuant to Local Rule 7.1(c), unless otherwise stated by the Court, reply briefs are not necessary and are not required by the Court. Any applicable objection must be filed by this date or an extension thereof. Otherwise, the objection is deemed waived. If a party desires to take the deposition of a proposed expert prior to filing an objection under this subsection, it must do so and file the objection by this deadline. d. Motions in Limine: Motions in limine (with supporting authority) relating to exhibits, depositions (including video depositions), and witnesses (other than experts) must be filed by [~60 days before trial]. Responses must be filed on or before [~30 days before trial]. Motions in limine may be heard at the final pretrial conference. If the Court grants a motion in limine excluding a portion of a recording, counsel must edit the recording to conform to the Court’s order, or the recording will not be admitted into evidence. The Court will not entertain a motion to exclude expert testimony styled as a motion in limine. Any motions to exclude expert testimony in full or in part pursuant to Federal Rules of Evidence 701 through 706 must be filed on or before the Daubert motion deadline. e. Other Nondispositive Motions: All nondispositive motions other than motions in limine shall be filed on or before [~60 days before trial]. Consistent with Local Rule 7.1(a), responses must be filed on or before [14 days later]. f. Final Exhibit and Witness Lists and Deposition Designations/Pretrial Disclosures: 3 On or before thirty (30) days before the final pretrial conference, the parties shall make pretrial disclosures in accordance with the following: Provide to all parties a final witness list in accordance with Rule 26(a)(3). The list may be supplemented within five (5) days after service. After that time the list shall only be supplemented with leave of Court and for good cause. Exchange exhibit lists and designations of depositions, or portions thereof, to be placed in evidence and produce the exhibits for inspection by the opposing parties. Parties may file objections after the exhibit list exchange for the limited purpose of raising objections to authenticity and/or admissibility. Objections must be filed at least twenty-one (21) days prior to the final pretrial conference. Unless written objection is made to the authenticity and/or admissibility of an exhibit, an objection to the authenticity and/or admissibility of the exhibit is deemed waived unless excused for good cause. Furnish opposing parties a list of damages if damages are claimed. Failure to fully comply with this section will likely result in the exclusion of these items from use at trial in that party’s case-in-chief. g. Depositions for Evidence: Depositions for evidence (proof) shall be completed thirty (30) days prior to the final pretrial conference. 6. Final Pretrial Conference and Pretrial Orders a. Final Pretrial Conference: A final pretrial conference will be held on [~2 weeks before trial] at the Howard H. Baker, Jr. United States Courthouse, Courtroom 3C. b. Final Pretrial Order: A proposed final pretrial order shall be filed five (5) days before the final pretrial conference. The order shall contain the following recitals: (1) Jurisdiction. (2) Admissions and Stipulations. The parties shall set out in numbered paragraphs each fact that is not in dispute. The parties are reminded that the Court, in an effort to reduce the need for evidence at and length of trial, expects the parties to approach this task in a good faith effort to agree on all relevant facts for which there is no reasonable basis for disagreement. In a jury trial, the Court will read this section to the jury and instruct the jury to accept these stipulated facts as true. (3) General Nature of the Claims of the Parties: a) Summary of the plaintiff’s theory. For each defendant, each plaintiff shall concisely state each legal theory relied upon and the factual allegations the plaintiff 4 expects to prove in support of each. Vague, conclusory, and general claims and allegations are unacceptable. A plaintiff is expected to know the claims and must be able to state precisely and succinctly the issues to be tried. Each claim must be set out in a separately numbered and labeled paragraph. b) Summary of each defendant’s theory. For each claim against a defendant, each defendant shall concisely state each legal theory relied upon and the factual allegations the defendant expects to prove in support of each. Vague, conclusory, and general claims and allegations are unacceptable. A defendant is expected to know the defenses and must be able to state precisely and succinctly the issues to be tried. Each defense must be set out in a separately numbered and labeled paragraph. (4) Contested Issues of Law. (5) Novel or Unusual Questions of Law or Evidence. (6) Damages. If damages cannot be stipulated, each party must show the method by which damages should be calculated if awarded. (7) Other Trial Information and Other Matters. a) That the pleadings are amended to conform to the pretrial order. b) Estimated length of trial (in eight (8) hour days). c) Possibility of settlement. d) Any miscellaneous matters that may contribute to the just, speedy, and inexpensive disposition of the case. Forty-five (45) days before the final pretrial conference, plaintiff’s counsel shall serve opposing counsel with a proposed pretrial order containing the above items except for the theory of defendant. Within five (5) business days after receipt thereof, opposing counsel shall furnish plaintiff’s counsel with defendant’s theory and advise of any disagreement as to proposed pretrial order content. The parties shall make good faith efforts to reconcile all differences without the Court’s intercession. If the parties cannot agree on a pretrial order, plaintiff’s counsel shall notify the undersigned’s chambers at least twenty-one (21) days before the final pretrial conference that the parties have been unsuccessful, after a good faith effort, to agree upon a pretrial order. Thereafter, the undersigned may enter a pretrial order prior to or after the pretrial conference. Proposed amendments to a pretrial order entered ex parte by the Magistrate Judge may be sought by motion filed ten (10) days following entry of the order. Failure to file an agreed pretrial order or to notify the undersigned’s chambers that one cannot be agreed upon as required herein may be deemed a failure to 5 prosecute the action, and the Court may dismiss the action. See Fed. R. Civ. P. 41(b). c. Filings Required after Final Pretrial Conference: At least seven (7) days before trial, counsel will: (1) File a final witness list identifying only the witnesses that will be used at trial. This list shall not identify any witness not appearing on the witness list referenced above; (2) File a list of damages. The Court prefers a stipulated list of damages. However, if an agreement cannot be reach, each party must file a list showing the amount of damages and method of determining damages; (3) File designations of depositions or portions thereof which will be read at trial; (4) File as an exhibit the resumes of any expert witnesses; (5) Jointly submit pre-marked exhibits. Plaintiff’s exhibits shall be numbered numerically; e.g., Ex. 1, 2, 3, etc. Defendant’s exhibits shall be listed alphabetically, e.g., Ex. A, B, C, etc. In cases with more than one plaintiff or defendant, please identify the appropriate party on each exhibit; e.g., in a case with three corporate defendants: Corporation 1 Ex. A, Corporation 2 Ex. A, Corporation 3 Ex. A; (6) File briefs of all contested issues of law; and (7) For non-jury issues, file proposed findings of fact and conclusions of law with citations of authority supporting the latter. d. Jury Instructions: At least ten (10) days before a jury trial, the parties shall file requests for jury instructions, citing with each request at least one supporting authority. The parties shall also submit the proposed instructions as a Word document via e-mail to the undersigned’s chambers. 7. Trial: The trial will be in Knoxville, Tennessee at the Howard H. Baker, Jr. United States Courthouse, Courtroom 3C, before the undersigned [and a jury] beginning on [DATE].2 The expected length of trial is [X] days. Should the scheduled trial date change for any reason, the other dates contained in this order that are not expressly tied to the trial date shall remain as scheduled. 2 The demands of the Court’s docket dictate that all civil cases be scheduled for trial in Knoxville, Tennessee, where the undersigned sits, regardless of the division in which the case was originally filed. However, the Court will entertain a motion to conduct the trial in another division of this Court upon a showing of good cause by the parties. Any such motion must be filed after the dispositive motions deadline but no later than thirty (30) days before the final pretrial conference. The grant or denial of any such motion rest in the Court’s sole discretion. 6 8. Courtroom Technology Equipment: The evidence presentation system facilitates and expedites hearings and trials. Attorneys are encouraged to familiarize themselves with this technology and to make full use of it. Counsel who intend to use the equipment should notify the courtroom deputy, Mr. Jason Huffaker, at least two (2) days prior to a hearing or trial so the equipment is ready for use. The courtroom deputy will be available following the final pretrial conference to assist counsel with the use of the equipment. Counsel may also contact the courtroom deputy to schedule an alternate time to familiarize themselves with the equipment. The U.S. District Court for the Eastern District of Tennessee uses the Jury Evidence Recording system (JERS) to capture evidence electronically during a trial. The Court will release admitted evidence to the jury during deliberations, unless the Court specifically directs otherwise, and the evidence may be played back by the jury in the deliberation room. To best facilitate presentation of evidence at trial and use of the JERS, the parties are STRONGLY ENCOURAGED to provide their exhibits to the courtroom deputy no later than seven (7) days before trial. The exhibits shall be the exhibits that were previously marked and numbered by the parties. The exhibits SHALL BE SUMBITTED IN ELECTRONIC FORMAT. It is preferred that the parties provide all electronic evidence files on USB drives, DVDs, or CDs. Information on JERS, specific requirements, and equipment supplied by the Court is available on the Eastern District of Tennessee website (www.tned.uscourts.gov). Specific questions about Court-supplied equipment should be directed to the courtroom deputy. 9. Conclusion: A failure to comply with the provisions of this order may result in the exclusion of witnesses, exhibits, depositions, or damages, as the case may be. SO ORDERED: 7

=== Judicial Preferences (PDF) ===

Katherine A. Crytzer, United States District Judge Judicial Preferences (Updated 6/25/2024) General Preferences Counsel should review and be familiar with this Court’s local rules. Counsel must comply with all local rules absent specific order from this Court. 1. Written correspondence from counsel to the Court. Written correspondence from counsel to the Court should be avoided except for routine matters, such as scheduling, advising of a settlement, etc.; and any emergencies; that do not address the merits of any motion or pending case. Unless the law otherwise permits or the circumstances require, counsel must copy counsel for all Parties on any correspondence with the Court. An email may be sent to [email protected]. Absent emergency or extenuating circumstances, a Party must file a motion on the record when seeking to (1) reset a hearing or (2) extend a deadline. The Court will not informally entertain such requests via email. 2. Communication between counsel and the Judge’s law clerks. Judge Crytzer permits limited communication with her law clerks for routine matters, such as scheduling, advising of a settlement, etc.; and any emergencies; that do not address the merits of any pending case or motion. Law clerks cannot and will not provide any legal advice or suggestions regarding how to proceed with a substantive issue in a case. If a Party needs to communicate directly with a law clerk, the Party should either call to [email protected]. 865-545-4255, Chambers email send an at or 1 Counsel should include a representative for each Party in the case on any call to Chambers, where possible, and counsel should copy counsel for all Parties on any email to Chambers. 3. Preference for the use of telephone conferences rather than in-person conferences for any category of conferences that you schedule in connection with a case. Unless otherwise noted by the Court or requested by a Party, Judge Crytzer will hold all hearings in person. Judge Crytzer may conduct initial Rule 16 civil scheduling conferences and case management conferences by conference call on a case-by-case basis. Judge Crytzer will conduct final pretrial conferences in both criminal and civil cases in person in Knoxville. Any discovery dispute in a civil case should be addressed by telephone conference with the assigned magistrate judge before a Party files a motion. Parties may contact the chambers of the assigned magistrate judge to request a telephone conference. 4. Preference regarding pro hac vice admissions. Counsel shall comply with Local Rule 83.5. 5. Preference regarding oral arguments on motions. Generally, “motions will be disposed of routinely as soon as possible after they become at issue, unless a hearing has been requested and granted or unless the Court desires a hearing on the motion(s).” E.D. Tenn. L.R. 7.2. Where appropriate, a Party may request a hearing. The Court may also schedule a hearing. If the Court schedules a hearing, and a Party intends to present evidence, the Party must notify the undersigned’s Chambers in advance so that arrangements can be made. The Court will provide specific instructions regarding notification on a case-by-case basis. 2 6. Preference for courtesy copies of motions, briefs, and other writings for Chambers. Documents related to a hearing or trial should be filed early enough to allow for filing, recording, and review by the Court. If you must file something at the last minute, please promptly deliver a hard copy to Chambers and bring a copy to the hearing or trial. Unless the Court instructs otherwise, regular courtesy copies shall not be mailed or hand delivered to Chambers. 7. Preferences regarding requests for additional pages in excess of the page limitations set forth in Local Rule 7.1(b). Reasonable requests to exceed the page limitation will be considered, but the Court will deny a request unless good cause exists and is demonstrated. Failure to comply with page limitations may result in the Court disregarding the noncompliant portion of the brief or summarily denying the underlying motion. In complying with Local Rule 7.1(b), Parties must also comply with Local Rule 5.1. 8. How needs of out-of-town parties, attorneys, or witnesses are accommodated. The Court will make all reasonable efforts to accommodate all Parties, attorneys, and witnesses. Counsel should raise specific issues to the Court as necessary. 9. Preferences regarding the delivery of written reports to the Court by expert witnesses who are scheduled to testify. Written reports by purported expert witnesses who are scheduled to testify need not be filed with the Court unless a Party files a Daubert motion. In that event, written reports of the purported expert witnesses being challenged should be filed with the court at least seven (7) days before the Daubert hearing. 3 10. Counsel participation in voir dire. Judge Crytzer will conduct preliminary voir dire in both civil and criminal jury trials, but she typically allows counsel to conduct additional voir dire. The Court will give counsel latitude in conducting voir dire provided that questioning is focused on the selection of an appropriate jury and does not become repetitive or overly intrusive. Once voir dire is completed, counsel will submit their peremptory challenges to the Court on a form provided by the courtroom deputy. 11. Time limits for opening and closing statements at trial. Judge Crytzer will generally set a time limit for opening statements at the final pretrial conference. A time limit for closing statements, which will depend on the evidence elicited at trial and issues that remain by the time the evidence closes, will be set during the trial. These limits will be based on an individual assessment of the case and its complexity. 12. Preference for counsel to examine witnesses from counsel table or elsewhere, including whether you prefer counsel to remain seated while examining witnesses. Absent necessary accommodations, Counsel should stand when addressing the Court or making an objection and should examine witnesses from the lectern. Counsel should be familiar with and comply with Local Rule 83.3 regarding Courtroom Decorum. 13. Whether more than one attorney may handle trial for a Party. More than one attorney may represent a Party at trial. However, only one attorney for a Party may elicit testimony from any one specific witness and lodge any objections during the testimony of that witness. 4 14. Preference for handling sidebar conferences. Sidebar conferences should be kept to a minimum. Counsel should strive to raise matters that may require a sidebar in conjunction with breaks during trial when the jury is out of the courtroom and to the extent possible should notify the courtroom deputy as the need to address an issue approaches. 15. Preference or requirements for introducing videotaped testimony. A Party seeking to introduce videotaped testimony must give the courtroom deputy advanced notice so that he or she may have the equipment prepared to avoid a disruption in the progression of the trial. 16. Pre-marking of documentary and photographic exhibits and other demonstrative evidence for trial and the date upon which exchange of exhibits is to take place, if any. In a civil case, the pre-marking of exhibits and dates for exchange are set forth in the case scheduling order. In a criminal case, the Court’s preferences for pre-marking evidence will be discussed before trial. 17. Preference for the moving of exhibits into evidence at trial. Unless admitted pretrial via stipulation, the Parties should move to admit each exhibit at or around the time it is presented at trial before it is published to the jury. Each exhibit should generally be admitted individually and not collectively. All known objections to exhibits should be addressed at or before the final pretrial conference, to the extent possible. 5 18. Allowance of examination of witnesses beyond redirect and recross. The Court will not allow examination of witnesses beyond redirect and recross absent exceptional circumstances. 19. Special requirements for reading of depositions or other material onto the record at trial. No special requirements. The Court will address any issue as the need arises. 20. Preference for written motion and/or brief for judgment as a matter of law or judgment on the pleadings when such motion is made during trial. No written motion or brief is required. 21. Approach to in limine motions. Judge Crytzer’s scheduling order addresses the requirements and deadlines for motions in limine in a civil case. In a criminal case, motions in limine must be filed at least fifteen (15) days before trial, unless the Court sets a different deadline. The Court may consider any motion in limine at the final pretrial conference. 22. Practice for the receipt of proposed jury instructions, including the form of jury instruction. The Court’s requirements for proposed jury instructions are set forth in Local Rule 51.1. In addition, Judge Crytzer generally requires the Parties to submit joint proposed jury instructions with citations to supporting authorities. If the Parties are not able to reach an agreement, the Parties should submit alternative versions of each unsettled instruction along with supporting authorities. The Parties should clearly mark in the document which Party seeks each proposed instruction and whether it is agreed to by any opposing Party. The Parties must email the proposed 6 jury instructions in Word format to Judge Crytzer’s Chambers. Proposed jury instructions should not be submitted in all caps. In each case, Judge Crytzer specifically addresses the schedule for submitting jury instructions. 23. Note-Taking by jurors. Permitted. 24. Whether the jury may take exhibits into the jury room for deliberation and, if so, any limits. All admitted exhibits are made available to the jury in the jury room using the Jury Evidence Recording System (JERS) unless the Court specifically directs otherwise. See E.D. Tenn. L.R. 43.3. In advance of trial, Parties should discuss whether, and if so how, physical exhibits should be released to the jury. 25. Preference regarding the submission of written verdict forms (in the form of interrogatory questions) to the jury. Judge Crytzer routinely submits a written verdict form to the jury. Parties should submit a proposed verdict form to the Court for consideration in advance of the final pretrial conference. Specifically, Parties should submit a Word version of the Parties’ proposed verdict form to the Chambers email address and indicate whether it is agreed to by all Parties. If the Parties cannot reach agreement on a proposed verdict form, each Party should submit a Word version of the relevant Party’s proposed verdict form to the Chambers email address, copying all Parties. The proposed verdict form should not be submitted in all caps. 7 26. Written jury instructions provided to the jury. In addition to Judge Crytzer charging the jury, the Court will provide a copy of the jury instructions to the jury that the jury may use during deliberations. 27. Requirements as to counsel’s whereabouts during jury deliberations. Counsel who leaves the vicinity of the courtroom during jury deliberation should notify the courtroom deputy of his or her whereabouts and be able to return to court within ten (10) minutes of being notified to do so. 28. Whether counsel may speak with the jurors after a verdict has been rendered and recorded and, if a jury is polled, who conducts the polling. Judge Crytzer adheres to Local Rule 48.1 with regard to interrogation of jurors after a trial has concluded. Judge Crytzer routinely polls the jury after a verdict is returned. A Party that desires that the jury be polled should make such a request at the pretrial conference and on the record promptly after the verdict is published. 29. Jury requests for review of testimony or recorded evidence. The Court will release admitted evidence to the jury during deliberations unless the court specifically directs otherwise. The jury can play recorded exhibits in the deliberation room. If any issue arises, the Court will address the issue on a case-by- case basis. 30. Handling requests for temporary restraining orders, preliminary injunctions, and other emergency relief. If a Party files a motion for emergency relief, the filing Party should also email the motion and any documents filed in support to Chambers, copying counsel for all Parties. 8 31. Prefer to receive copies of appellate filings when an appeal has been taken from an order. The Court does not need to receive such copies. 32. Communications with the media regarding a case. Local Rules control, including Local Rule 83.2. 9 Preferences Specific to a Civil Case 1. Preferences regarding Federal Rule of Civil Procedure 6. When seeking an extension of time under Rule 6(b), counsel should state the relevant standard and provide specific facts sufficient to satisfy the standard. Where appropriate, counsel may also find it beneficial to specifically request an extension to a date certain or request an extension of a specific number of days when moving for an extension of time. An unbounded request for an extension may leave the Court guessing how much time counsel needs. To the extent possible, any motion seeking an extension should indicate whether the motion is unopposed. This will expedite review of unopposed motions. 2. Preferences regarding Federal Rule of Civil Procedure 16. Judge Crytzer welcomes input from Parties regarding the scheduling needs of a case. Judge Crytzer’s standard civil scheduling order (Rule 16(b , which sets forth Judge Crytzer’s standard schedule and deadlines in a civil case, is available on the Court’s website. Parties should consult Judge Crytzer’s standard civil scheduling order as the starting point for proposed deadlines when preparing their Rule 26(f) report. The Parties initially communicate their scheduling needs to the Court in their Rule 26(f) report. The Court will determine whether to hold a scheduling conference on a case-by-case basis after receiving and reviewing the Parties’ Rule 26(f) report. 3. Preferences regarding Federal Rule of Civil Procedure 26. To avoid delay, under Rule 26(f), “the parties must confer as soon as practicable” regarding a plan for discovery. Judge Crytzer’s standard civil scheduling order, which sets forth Judge Crytzer’s standard schedule and deadlines in a civil case, is available on the Court’s website. Parties should consult Judge Crytzer’s standard civil scheduling order and use it as a starting point for proposed deadlines when preparing their Rule 26(f) report. The Court will use the Parties’ Rule 26(f) report to determine whether to hold a Rule 16 scheduling conference in a particular case. 10 The Court will not permit duplicative or overly burdensome discovery. See Fed. R. Civ. P. 26(b). All written discovery requests should be served sufficiently in advance of the discovery deadline so that responses will be due prior to the deadline. The Court will endeavor to give favorable consideration to motions for reasonable extensions of deadlines supported by good cause. Absent such requests, the Court will enforce its deadlines. The extent to which counsel may influence the length of the discovery 4. period, extensions, trial dates, etc. Judge Crytzer’s standard civil scheduling order, which sets forth Judge Crytzer’s standard schedule and deadlines in a civil case, is available on the Court’s website. But she gives considerable weight to the input of counsel in setting discovery deadlines and a trial date. The time allowed for discovery in a case will depend primarily upon its complexity. The trial date will be set to allow adequate time for discovery and prompt motions practice. 5. The average amount of time allowed for discovery in a standard case. The time allotted for discovery depends on the complexity of the case. However, Judge Crytzer will generally give the Parties six (6) months to complete discovery in a standard civil case of average complexity. Preferred approach and procedures 6. conferences and disputes. for handling discovery Counsel should (1) meet and confer using their best efforts to resolve discovery disputes promptly among themselves, but (2) bring any unresolved disputes to the attention of the Court promptly so that they may be resolved. Discovery disputes are generally handled by conference call with the assigned magistrate judge with all attorneys present on the call. 7. Preferences regarding the handling of confidentiality agreements. The Parties may agree to any reasonable confidentiality terms between or among themselves; however, the Parties’ designation of materials as confidential does not 11 automatically merit the filing of those materials “under seal.” See E.D. Tenn. L.R. 26.2. To file a document under seal, a Party must move for leave to do so under the applicable rules. The Parties should be mindful of the high value placed on public access to judicial records and should be guided by the provisions of Rule 26(c), and Local Rule 26.2. Counsel should also consider whether portions of a document are divisible. The Court will closely scrutinize motions to seal. Preferences regarding Default and Default Judgment under Federal 8. Rule of Civil Procedure 55. Entry of default judgment is a two-step process. First, the entry of default under Rule 55(a), and then second, the entry of default judgment under Rule 55(b). The Eastern District of Tennessee has a practice of requiring a Party to use certain procedures and forms to request default and then default judgment. Instructions and relevant at https://www.tned.uscourts.gov/default-judgment-instructions-and-forms. Absent unforeseen circumstances, any party requesting relief under Rule 55 should follow the procedures and instructions provided by the Court and use the provided forms. available website Court’s forms are the on Preferences regarding a Motion for Summary Judgment under 9. Federal Rule of Civil Procedure 56. When evaluating a Motion for Summary Judgment, Judge Crytzer will not consider any facts or arguments that were not raised in the moving Party’s Motion for Summary Judgment and Memorandum in Support (including any exhibits) or the answering Party’s Response (including any exhibits). See E.D. Tenn. L.R. 7.1(a), (b) (requiring a brief to “include a concise statement of the factual and legal grounds which justify the ruling sought” and stating that a brief “shall not exceed 25 pages in length unless otherwise ordered by the Court”). This includes any “Statement of Undisputed Material Facts” or “Response” to such a document that a Party submits. See E.D. Tenn. L.R. 7.1(d) (“No additional briefs, affidavits, or other papers in support of or in opposition to a motion shall be filed without prior approval of the Court.”). Judge Crytzer may strike any “Statement of Undisputed Material Facts” or “Response” that a Party submits and require a Party to resubmit any brief relying on information that is struck. If Parties file cross motions for summary judgment, Judge Crytzer generally prefers that each Party’s motion for summary judgment be briefed independently. 12 10. Preferences regarding dismissal of an action under Federal Rule of Civil Procedure 41. Rule 41 has two distinct procedures for dismissal. First, under Rule 41(a)(1)(A)(ii), “the plaintiff may dismiss an action without a court order by filing . . . a stipulation of dismissal signed by all parties who have appeared.” The stipulation must be signed by “all parties who have appeared.” See Fed. R. Civ. P. 41(a)(1)(A)(ii). “[A]ll parties who have appeared” includes “both current and former parties”—“all entities who have appeared in the action as parties.” See Anderson-Tully Co. v. Fed. Ins. Co., 347 F. App’x 171, at *5 (6th Cir. 2009). “Rule 41(a)(1)(A)(ii) orders, generally speaking are ‘self-executing’ and do ‘not require judicial approval.’” Exact Software North America, Inc. v. DeMoisey, 718 F.3d 535, 540 (6th Cir. 2013) (quoting Green v. Nevers, 111 F.3d 1295, 1301 (6th Cir. 1997 . Second, under Rule 41(a)(2), “[e]xcept as provided in Rule 41(a)(1), an action may be dismissed at the plaintiff’s request only by court order, on terms that the court considers proper.” Counsel should identify for the Court which provision of Rule 41 applies when seeking to dismiss an action. 11. Preferences and procedure regarding scheduling civil trials, including whether a date certain for trial is assigned; if so, the amount of time prior to trial that such a date certain is assigned; and the extent to which it may be moved during the month in which it has been scheduled. The Court will set deadlines related to trial and a trial date. The Court expects these deadlines to be met. If issues arise, counsel should raise them to the Court promptly. Preferences regarding the submission of trial briefs by counsel in 12. civil cases. The scheduling order in each case addresses trial briefs. The Court may request additional briefing on a case-by-case basis. 13. As to injunctions, whether expedited discovery and briefing is allowed and, if so, whether briefing is allowed before or after any preliminary injunction hearing, and whether proposed findings of fact or conclusions of law in such cases are required. The Court will address any request on a case-by-case basis. 13 14. Preferences and procedures regarding settlement. Parties who reach a settlement to resolve an entire action shall promptly notify the Court by filing a “Notice of Settlement.” Thereafter, in accordance with Local Rule 68.1, the Parties must file a stipulation of dismissal signed by all parties who have appeared under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), described in more detail above. 15. General approach to settlement in non-jury cases and use of magistrate judges. Judge Crytzer encourages the use of mediation and other alternative dispute resolution methods to efficiently resolve cases. A Magistrate judge may be involved on a case-by-case basis. 14 Preferences Specific to a Criminal Case 1. Preferences regarding any proposed evidentiary hearing on an objection to the Presentence Investigation Report. If any evidentiary hearing may be required on any objection to the Presentence Investigation Report, a Party must expressly request a hearing at the time of filing either an Objection to the Presentence Investigation Report or a Response to any Objection to the Presentence Investigation Report. See E.D. Tenn. L.R. 83.9(c). 2. Preferences regarding proposed witnesses at a sentencing hearing. Any Party that expects to present any witnesses at a sentencing hearing must file a Notice on the docket at least fourteen (14) days before a sentencing hearing. [CM/ECF Other Filings>Notices> Notice(Other)]. That Notice must include the legal name of each proposed witness and an estimate of the amount of time needed to affirmatively present testimony from each proposed witness. A failure to timely file the requisite Notice may result in the exclusion of any proposed witness. 15