Sample Final Pretrial Order (PDF); Scheduling Order (PDF)

=== Sample Final Pretrial Order (PDF) ===

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT CHATTANOOGA XXXXXXXXX, Plaintiff, v. XXXXXXXXX, Defendant. Case No. X:X-CV-XXXX Judge Travis R. McDonough Magistrate Judge XXXXX AGREED FINAL PRETRIAL ORDER This Court conducted a Final Pretrial Conference pursuant to Rule 16 of the Federal Rules of Civil Procedure on [insert date]. [Counsel for Plaintiff(s)] appeared as counsel for the plaintiff(s) and [Counsel for Defendant(s)] appeared as counsel for the defendant(s). The following action was taken: I. Jurisdiction This is an action for [breach of contract, personal injury, etc.]. Jurisdiction of the Court is invoked pursuant to __ U.S.C. § ______. The jurisdiction of the Court is not disputed. II. Pleadings The pleadings are amended to conform to this pretrial order. III. General Nature of the Claims of the Parties: a. Claims: The following claims (including claims stated in the complaint, counterclaims, crossclaims, third-party claims, etc.) have been filed: i. [Insert list of claims.] b. Stipulated Facts: The following facts are uncontroverted. i. [List uncontroverted facts that have been established by the pleadings, by stipulation, or by admission.] c. Plaintiff’s Theory: [Set out a concise summary without detail.] d. Defendant’s Theory: [Set out a concise summary without detail.] e. All Other Parties’ Claims: [If third parties are involved, set out a concise summary without detail.] IV. Contested Issues of Law The contested issues of law are [set out the contested issues, including any pending motions]. OR There are no special issues of law to be resolved. a. [If applicable, list any motions that remain pending.] V. Exhibits The parties have disclosed all exhibits in accordance with Fed. R. Civ. P. 26(a)(3)(C). All exhibits to be introduced have been pre-marked in such a way as to allow the Court to determine which party is offering them. The parties have prepared a joint list of exhibits. [(In non-jury matters) A copy of each exhibit has been furnished to the Court at the Final Pretrial Conference.] The parties have endeavored to stipulate to the admissibility of all exhibits to the extent possible. The parties cannot stipulate to the admissibility of the following exhibits: [List any such exhibits along with a concise statement of the basis for disagreement / objection.] VI. Witnesses The parties have disclosed all witnessed in accordance with Fed. R. Civ. P. 26(a)(3)(A). A list comprised of the names of all witnesses, their addresses and telephone numbers is as follows: a. For Plaintiff(s): 2 Name Address Telephone No. 1. i.e. John Doe 865 2nd Ave., Chattanooga 423-123-1234 b. For Defendant(s): Name Address Telephone No. 1. i.e. Jane Doe 843 2nd Ave., Chattanooga 423-321-4321 VII. Other Matters a. Trial: This case is set for trial before the undersigned and a jury [or without the intervention of a jury] at 9:00 a.m. on [date]. Counsel shall be present on the first day before commencement of trial to take up any preliminary matters. The probable length of trial is ___ days. The parties should be prepared for trial on the scheduled date. If this case is not heard immediately, it will be held in line until the Court’s schedule allows the trial to begin. [NOTE: As it has been contended that the failure to include a jury demand in the Final Pretrial Order is a waiver of the jury demand, you should set forth your jury demand if it is your intention to have a jury trial.] b. Possibility of Settlement: [Describe the possibility of settlement.] c. Miscellaneous Matters: [Describe any miscellaneous issues of which the Court should be made aware.] * * * This Final Pretrial Order shall supplant the pleadings and is agreed upon by the parties as of [date]. Fed. R. Civ. P. 16; see U.S. v. Hougham, 364 U.S. 310, 315 (1960); see also Ricker v. Am. Zinser Corp., 506 F. Supp. 1 (E.D. Tenn. Sept. 11, 1978), aff’d, 633 F.2d 218 (6th Cir. 1980). SO ORDERED. /s/ Travis R. McDonough TRAVIS R. MCDONOUGH UNITED STATES DISTRICT JUDGE 3 APPROVED AS TO FORM AND SUBSTANCE: /s/ _____________________________ Counsel for Plaintiff(s) /s/ _____________________________ Counsel for Defendant(s) 4

=== Scheduling Order (PDF) ===

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE SCHEDULING ORDER FORM 1. Introduction: Pursuant to Federal Rule of Civil Procedure 16(b), a scheduling conference was held in this case on . 2. Jurisdiction: In this case, the subject matter jurisdiction of the Court has been invoked and is not in dispute. pursuant to 28 U.S.C. § 3. Consent to a Magistrate Judge: The parties do not consent that all proceedings in this case may be conducted by a United States Magistrate Judge in accordance with 28 U.S.C. § 636(c). 4. Disclosure and Discovery: (a) Rule 26(f) Meeting: The parties have held a discovery planning meeting as required by Rule 26(f). (b) Discovery Plan: The parties have filed with the Court a discovery plan in accordance with Rule 26(f). (c) Initial Disclosures: The parties have made all disclosures required by Rule 26(a)(1). (d) Expert Testimony: Disclosure of any expert testimony any party seeks to use to meet its burden of proof shall be made on or before with Rules 26(a)(2)(B) and 26(a)(2)(C) of the Federal Rules of Civil Procedure. Disclosure of rebuttal expert testimony shall be made by the parties on or before . Rebuttal expert testimony challenges the opinions or methods of in accordance a previously disclosed expert and is no broader in scope. (e) Final Witness List: On or before , the parties shall provide to all other parties a final witness list in accordance with Rule 26(a)(3)(A)(i). Within five days after service of this final witness list, the list may be supplemented. After that time the list may be supplemented with leave of the court and for good cause. (f) All Discovery: All discovery, including the taking of depositions “for evidence,” depositions of experts, and requests for admissions, shall be completed by . (g) Pretrial Disclosures: On or before , the parties shall make the pretrial disclosures specified in Rule 26(a)(3)(A)(ii) and (iii). All deposition testimony to be offered into evidence must be disclosed to all other parties on or before this date. 5. Other Scheduling Matters: (a) Amendment of Pleadings: If any party wishes to amend the pleadings, such motion should be filed on or before . (b) Dispositive Motions: All dispositive motions under Rule 12 and all motions for summary judgment pursuant to Rule 56 shall be filed as soon as possible, but no later than . The failure to timely file such motions will be grounds to summarily deny them. The parties must comply with § 5.H. of the Court’s preferences concerning joint appendices relating to motions for summary judgment. (c) Daubert Motions: All motions to exclude expert testimony pursuant to Federal Rule of Evidence 702 should be filed as soon as possible but no later than . (d) Motions in Limine: Any motions in limine must be filed no later than ___________ . Consistent with Local Rule 7.1, the parties are limited to one motion in limine that identifies all evidence sought to be excluded and one supporting brief not to exceed twenty-five pages. Separately filed motions in limine will be summarily denied. Evidence sought to be excluded should be attached as an exhibit to the motion in limine to the extent practicable. Additionally, the Court will not entertain a motion to exclude expert testimony styled as a motion in limine. Any motions to exclude expert testimony pursuant to Federal Rule of Evidence 702 must be filed on or before the Daubert motion deadline set forth in § 5(c). (e) Special Requests to Instruct for Jury Trial: The parties shall confer and submit a joint proposal for jury instructions on or before submitting the joint proposal to the Court, the parties must attempt to resolve any disagreements. To the extent there are disagreements as to specific instructions that cannot be resolved, the parties should provide competing instructions in their joint proposal. All jury instructions in the joint proposal, including agreed instructions and competing instructions, shall be supported by citations of authority pursuant to Local Rule 7.4. A copy of the proposed jury instructions should be sent to [email protected]. . Before 6. Final Pretrial Conference: A final pretrial conference will be held in Courtroom 3 on , at 3:00 p.m. at the U. S. Courthouse, 900 Georgia Avenue, Chattanooga, Tennessee. The parties shall prepare and submit a final pretrial order to the Court on or 2 before the date of the final pretrial conference. A sample copy of the final pretrial order is located on the district court’s web page at http://www.tned.uscourts.gov. The parties shall file trial briefs on anticipated evidentiary and legal issues at least three business days before the Final Pretrial Conference. Prior to the final pretrial conference, the parties shall file an exhibit list and provide the Court with exhibits pre-marked for identification purposes. The parties shall be prepared to discuss the admissibility of such exhibits at the final pretrial conference. 7. Trial: The trial of this case will be held in Chattanooga before the United States District Judge and a jury beginning on heard immediately, it will be held in line until the following day or anytime during the week of the scheduled trial date. SHOULD THE SCHEDULED TRIAL DATE CHANGE FOR ANY REASON, THE OTHER DATES CONTAINED IN THIS ORDER SHALL REMAIN AS SCHEDULED. SHOULD THE PARTIES DESIRE A CHANGE IN ANY OF THE OTHER DATES, THEY SHOULD NOTIFY THE COURT AND SEEK AN ORDER CHANGING THOSE DATES.1 , at 9:00 a.m. If this case is not SO ORDERED. /s/ Travis R. McDonough TRAVIS R. MCDONOUGH UNITED STATES DISTRICT JUDGE 1 The demands of the Court’s docket dictate that all trials, including all pretrial hearings, in civil cases be conducted in Chattanooga, Tennessee. The Court will, however, entertain motions to conduct trial in another division of this Court upon a showing of good cause by the parties. Any such motions must be filed after the dispositive motions deadline but no later than four weeks before the final pretrial conference, and the grant or denial of the same rests in the Court’s discretion. 3