Scheduling Order - Civil (PDF); Final Pretrial Order - Civil (PDF)

=== Scheduling Order - Civil (PDF) ===

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at ________________ * * * * * * * * * * * * * * F O R M (No Need for Counsel to Complete Prior to Conference) * * * * * * * * * * * * * * SCHEDULING ORDER 1. 2. 3. 4. Introduction: Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, a scheduling conference was held in this case on _________. Jurisdiction: The subject matter jurisdiction of the Court has been invoked pursuant to __ U.S.C. § _______ and (is)/(is not) in dispute. Consent to Magistrate Judge: The parties (do)/(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). Settlement/Alternative Dispute Resolution: The possibility of settlement is at this time. 5. Disclosure and Discovery: (a) (b) Fed. R. Civ. P. 26(f) Meeting: The parties have held a discovery planning meeting as required by Rule 26(f). --or-- The parties will hold a discovery planning meeting as required by Rule 26(f) on ______________________ at ________m. Eastern time. The location of this meeting will be _____________________________. Discovery Plan: The parties have filed with the Court a discovery plan in accordance with Rule 26(f). --or-- At the Rule 26(f) meeting, the parties shall develop a discovery plan and file it with the Court within fourteen (14) days after said meeting. This discovery plan shall conform to the provisions of Fed. R. Civ. P. 26(f). (c) (d) (e) (f) (g) (h) Initial Disclosures: The parties shall make all disclosures required by Rule 26(a)(1) on or before ________. Expert Testimony: Disclosure of any expert testimony in accordance with Rule 26(a)(2) shall be made by Plaintiff by __________ and Defendant by __________. If either party believes a Daubert hearing may be necessary to determine the admissibility of expert testimony, the party shall file a motion to that effect no later than . If one or more Daubert motions are filed, the Court will hold a hearing on the motions on or around . 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 seven (7) days after service of this final witness list, the list may be supplemented. After that time the list may be supplemented only with leave of the Court and for good cause. All Discovery: All discovery, including the taking of depositions “for evidence” and requests for admissions, shall be completed by . Pretrial Disclosures: On or before , the parties shall make the pretrial disclosures specified in Rule 26(a)(3)(A)(ii) and (iii) (deposition testimony and exhibit list). All deposition testimony to be offered into evidence must be disclosed to all other parties on or before this date. Courtroom Technology: Your trial will be conducted with all exhibits in electronic format through the courtroom’s evidence presentation system. Paper documents should not be used. At least seven (7) days before the final pretrial conference, the parties shall disclose, to one another and to the Court, technology they intend to use in the courtroom during the trial and how they intend to use it (e.g., display equipment; data storage, retrieval, or presentation devices). This disclosure shall list (1) equipment they intend to bring into the courtroom to use, and (2) equipment supplied by the Court the parties intend to use. Further, the parties shall disclose to one another the content of their electronic or digital materials, and shall confirm the compatibility and viability of their planned use of technology with the Court’s equipment on or before the date of the final pretrial conference. In order to best facilitate presentation of evidence at trial, parties are strongly encouraged to provide their exhibits to the courtroom deputy on the date of the final pretrial conference, or at least seven (7) days prior to trial. Information on the courtroom’s evidence presentation system, specific requirements, equipment supplied by the Court, and the Jury Evidence Recording System (JERS) 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 (directory available on website). 2 6. Other Scheduling Matters: (a) Joinder of Parties and Amendment of Pleadings: If any party wishes to join one or more additional parties or amend the pleadings, such joinder or motion to amend shall be made by . -- or – Because the parties did not indicate a preferred deadline for joinder of parties or amendment of the pleadings at the scheduling conference, any joinder or motion to amend shall be filed no later than forty-five (45) days from the entry of this order. (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. (c) Motions in Limine: Any motions in limine must be filed no later than . (d) Special Requests to Instruct for Jury Trial: Requests for jury instructions shall be submitted to the Court pursuant to Local Rule 51.1 no later than , and shall be supported by citations of authority pursuant to Local Rule 7.4. A copy of the prepared jury instructions shall be filed with the Court and sent as a to or Microsoft Word [email protected]. compatible document format in a The parties shall confer and submit joint proposed jury instructions to the extent possible. Before submitting proposed instructions to the Court, the parties must attempt to resolve any disagreements. All proposed jury instructions must follow the form of the Sixth Circuit Criminal Pattern Jury Instructions. -- or – Proposed Findings of Fact and Conclusions of Law for Nonjury Trial: The parties shall submit to the Court proposed findings of fact and conclusions of law, which shall be supported by citations of authority in accordance with Local Rule 52.1, no later than . Proposed findings of facts shall contain a jurisdictional statement, identify the parties, and set out the facts in the chronological order the particular party intends to prove at trial. Conclusions of law should be concise with appropriate citations of authority pursuant to Local Rule 7.4. Conclusions of law should not be argumentative. A copy of the prepared proposed findings of fact and conclusions of law should be sent as a Microsoft Word to [email protected]. compatible document format or in a 7. Final Pretrial Conference: A final pretrial conference will be held in chambers on at 3:30 p.m. The parties shall prepare and submit a Thursday, 3 proposed final pretrial order to the Court no later than one business day 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 www.tned.uscourts.gov. 8. Trial: The trial of this case will be held in Chattanooga before the United States District Judge (and a jury)/(without the intervention of a jury) beginning on . The trial is expected to last __ days. The parties shall be prepared to commence trial at 9:00 a.m. on the date which has been assigned. If this case is not 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 by motion and seek an order changing those dates. 4

=== Final Pretrial Order - Civil (PDF) ===

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at ________________ _____________________, Plaintiff(s), v. ______________________, Defendant(s). No. _____________ Judge Collier FINAL PRETRIAL ORDER This matter having come before the Court on at a pretrial conference pursuant to Rule 16 of the Federal Rules of Civil Procedure, and having appeared as counsel for the plaintiff(s), and having appeared as counsel for the defendant(s), the following action was taken: 1. 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 [disputed / not disputed]. 2. General Nature of the Claims of the Parties: a. b. c. d. e. Claims and relief sought: [identify the remaining claims in the case and the relief sought for each claim]. Stipulated facts: [set out uncontroverted facts, including admitted jurisdictional facts and all other significant facts concerning which there is no genuine issue]. Plaintiff’s theory: [set out brief summary without detail]. Defendant’s theory: [set out brief summary without detail]. All other parties’ claims: [same type of summary as to any third parties involved]. 3. 4. Contested Issues of Law: The contested issues of law are [set out contested legal issues, including any pending motions]. OR There are no special issues of law to be resolved. Exhibits: The parties have disclosed all exhibits in accordance with Rule 26(a)(3)(A)(iii) of the Federal Rules of Civil Procedure. All exhibits to be introduced have been pre- 5. 6. 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. Three copies of this list have been provided to the Court at the final pretrial conference. If this case is nonjury, 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. The parties cannot stipulate to the admissibility of the following exhibits: [here list any such exhibits]. Witnesses: The parties have disclosed all witnesses in accordance with Rule 26(a)(3)(A)(i) of the Federal Rules of Civil Procedure. The names, addresses, and telephone numbers of all witnesses are as follows: a. b. Witnesses for Plaintiff(s): Witnesses for Defendant(s): Other Matters: This case is set for trial before the United States District Judge [and a jury / without the intervention of a jury] at 9:00 a.m. on . Counsel shall be present at 9:00 a.m. on the first day of trial to take up any preliminary matters. The probable length of trial is days. The parties should be prepared for trial on the date which has been assigned. If this case is not heard immediately, it will be held in line until the following day or anytime during the week of the scheduled trial date. [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, your attention is invited to being certain to set forth your jury demand if it is your intention to have a jury trial.] 7. This final pretrial order shall supplant the pleadings. SO ORDERED. ENTER: CURTIS L. COLLIER UNITED STATES DISTRICT JUDGE APPROVED AS TO FORM AND SUBSTANCE: Attorney for Plaintiff(s) 2 Attorney for Defendant(s) 3