=== Settlement Conference Instructions ===
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TENNESSEE Office of the Clerk INSTRUCTIONS CONCERNING SETTLEMENT CONFERENCES CONDUCTED BY UNITED STATES MAGISTRATE JUDGE CHARMIANE G. CLAXTON I. SETTLEMENT CONFERENCE PREPARATION Over 95% of all civil suits settle prior to trial. Therefore, settlement preparation should be treated as seriously as trial preparation. Planning is essential because the party who is best prepared obtains the best result. The Court has found that the following steps are essential to a successful settlement conference. II. LEAD ATTORNEY MUST APPEAR Unless excused by Order of the Court, the lead attorney who will try the case for each party shall appear, and it is expected that counsel will be fully authorized to accomplish settlement of this case and prepared to engage in effective settlement negotiations. III. PARTIES/REPRESENTATIVES MUST APPEAR IN PERSON WITH FULL SETTLEMENT AUTHORITY The parties or representatives of corporate parties, WITH FULL SETTLEMENT AUTHORITY, must be present IN PERSON at the conference. This provision requires the presence of the client or if a corporate, governmental, or other organizational entity, a representative of the client who has both full settlement authority and the realistic freedom to exercise it without negative consequences. Any insurance company that is contractually required to defend or to pay damages or which has a subrogation interest must also have a fully authorized settlement representative present. AFull settlement authority@ means: (a) for a defendant, the representative must have authority, in the representative=s own discretion, to pay a settlement amount up to plaintiff=s last prayer, or up to plaintiff=s last demand, whichever is lower; (b) for a plaintiff, such representative must have final authority, to authorize dismissal of the case with prejudice, or to accept the representative=s own discretion, in to commit a settlement amount down to defendant=s last offer; (c) for a client that is controlled by a group, like a board of directors of a claims committee, the representative must have the authority to settle for the group as described above; (d) for an insurance company with a defense or indemnity obligation, the representative must have final settlement the authority representative=s own discretion, an amount up to the plaintiff=s last demand if within policy limits, or if not within policy limits, the limits of the policy; (e) for an insurance company with a subrogation interest in the recovery of a party, the representative must have final settlement authority to commit the company to settle, in the representative=s own discretion, by dismissal of the interest with prejudice, or to accept a settlement amount down to the insured=s last offer. the company to pay, in Having a client with authority available by telephone is not an acceptable alternative, except under the most extenuating circumstances. Because the Court generally sets aside several hours for each conference, it is impossible for a party who is not present to appreciate the process and the reasons which may justify a change in one=s perspective towards settlement. Counsel appearing for the settlement conference without their client representatives or insurance company representatives, authorized as described above, will cause the settlement conference to be canceled or rescheduled. The non-complying party, attorney, or both may be assessed the costs and expenses incurred by other parties and the Court as a result of the cancellation, as well as any additional sanctions that the Court feels are appropriate. IV. MEDIATION FORMAT A settlement conference is more likely to be productive if, before the conference, the parties have had a written exchange of their settlement proposals. Accordingly, at least fourteen (14) days prior to the settlement conference, 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. No later than seven (7) days prior to the settlement conference, Defendant=s counsel shall submit a written offer to Plaintiff=s counsel with a brief explanation of why such a settlement is appropriate. On occasion, this process will lead directly to a settlement. If settlement is not achieved, counsel shall deliver box to ([email protected]) an in camera statement no later than three (3) business days before the scheduled settlement Claxton=s Judge email ECF 2 conference setting forth their respective positions concerning all issues involved in the case, including their rationale for such positions. The in camera statement shall include, but is not limited to: (1.) A brief summary of the facts of the case; (2.) Strengths and weaknesses of the case for each party; (3.) From Plaintiff(s), a copy of the written itemization of damages and settlement demand sent to the Defendant(s); (4.) From Defendant(s), a copy of the written offer sent to Plaintiff(s); (5.) Any miscellaneous information that might be useful or helpful in accomplishing settlement. The in camera statements are intended solely for use in the settlement conference and for the Judge=s review only. V. ISSUES TO BE DISCUSSED AT SETTLEMENT CONFERENCE Parties should be prepared to discuss the following at the settlement conference: What are your objectives in the litigation? What issues (in and outside of this lawsuit) need to be resolved? What are the strengths and weaknesses of your case? Do you understand the opposing side=s view of the case? What is wrong with their perception? What is right with their perception? What are the points of agreement and disagreement between the parties? Factual? Legal? What are the impediments to settlement? What remedies are available through litigation or otherwise? Are there possibilities for a creative resolution of the dispute? Do you have adequate information to discuss settlement? If not, how will you obtain sufficient information to make a meaningful settlement discussion possible? Are there outstanding liens? Do we need to include a representative of the lienholder? VI. OTHER RELEVANT INFORMATION All participants should allocate adequate time for the settlement conference. Although the settlement conference may conclude in the early afternoon, all participants should clear their calendars for the entire day through 5:30 p.m. Judge Claxton=s commitment is to work with the parties for as long as necessary. 3 Statements made by any party during the settlement conference relating to the substance or merits of the case shall be deemed to be confidential and will not be admissible at trial. Parties are encouraged to be frank and open in their discussions. This provision does not preclude admissibility in other contexts, such as pertaining to a motion for sanctions regarding the settlement. s/ Charmiane G. Claxton CHARMIANE G. CLAXTON UNITED STATES MAGISTRATE JUDGE 4
=== Social Security Fact Sheet ===
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION Fact Sheet for Social Security Appeals: Plaintiff Case Name: Case No. 1. Type of application(s)*: 2. Date of application*: 3. Disability onset date*: 4. Date of expiration of insured status*: 5. Vocational factors: Date of birth*: Age*: (at time of hearing) Education (last grade completed)*: Past work experience*: Last work experience*: 6. Basis of ALJ’s decision*: (E.g., nonsevere impairment, ability to perform past relevant work, grid, vocational testimony) * With citations to the transcript Revised: 01 Mar 2017 7. If the plaintiff bases the claim on a specific injury, state the specific injury*: 8. If the plaintiff bases the claim on a medical condition or disease, specify the condition or disease*: 9. If the plaintiff bases the claim on the opinion of a treating physician, summarize the opinion as it relates to the disability claimed only*: * With citations to the transcript -2- Revised: 01 Mar 2017 Case Name: Case No.: FACTS - HEARING TESTIMONY Page No. Witness Details -1- Case Name: Case No.: Reports, opinions, or notes of physicians/professionals: Physician’s/Professional’s Name: Specialty: Classification: Treating Examining Records Review Only Page No. Date Observation -2- Case Name: Case No.: Reports of medical tests: Page No. Date Test Performed Results/Conclusion -3- Case Name: Case No.: Other medical evidence: Page No. Date Description Details -4-
=== Plaintiff Blue (link is external) ===
U.S. District Court Middle District of Florida U.S. District Court Middle District of Florida U.S. District Court Middle District of Florida PLAINTIFF’S EXHIBIT PLAINTIFF’S EXHIBIT PLAINTIFF’S EXHIBIT Exhibit Number: Exhibit Number: Exhibit Number: Case Number: v. Date Identified: Date Admitted: Case Number: Case Number: v. Date Identified: Date Admitted: v. Date Identified: Date Admitted: U.S. District Court Middle District of Florida U.S. District Court Middle District of Florida U.S. District Court Middle District of Florida PLAINTIFF’S EXHIBIT PLAINTIFF’S EXHIBIT PLAINTIFF’S EXHIBIT Exhibit Number: Exhibit Number: Exhibit Number: Case Number: Case Number: Case Number: v. v. v. Date Identified: Date Admitted: Date Identified: Date Admitted: Date Identified: Date Admitted:
=== Defendant Yellow (link is external) ===
U.S. District Court Middle District of Florida U.S. District Court Middle District of Florida U.S. District Court Middle District of Florida DEFENDANT’S EXHIBIT DEFENDANT’S EXHIBIT DEFENDANT’S EXHIBIT Exhibit Number: Exhibit Number: Exhibit Number: Case Number: Case Number: Case Number: v. v. Date Identified: Date Admitted: Date Identified: Date Admitted: v. Date Identified: Date Admitted: U.S. District Court Middle District of Florida U.S. District Court Middle District of Florida U.S. District Court Middle District of Florida DEFENDANT’S EXHIBIT DEFENDANT’S EXHIBIT DEFENDANT’S EXHIBIT Exhibit Number: Exhibit Number: Exhibit Number: Case Number: v. Date Identified: Date Admitted: Case Number: v. Date Identified: Date Admitted: Case Number: v. Date Identified: Date Admitted:
=== Cases assigned to District Judge ===
AO 85 (Rev. 01/09) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge UNITED STATES DISTRICT COURT for the __________ District of __________ Plaintiff v. Defendant Civil Action No. NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment may then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge may exercise this authority only if all parties voluntarily consent. You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise be involved with your case. Consent to a magistrate judge’s authority. The following parties consent to have a United States magistrate judge conduct all proceedings in this case including trial, the entry of final judgment, and all post-trial proceedings. Parties’ printed names Signatures of parties or attorneys Dates IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73. Reference Order Date: District Judge’s signature Printed name and title Please email this form to [email protected]. Do not return this form to a judge.
=== Judge Claxton's Model Scheduling Order for Routine Cases ===
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION Plaintiff, vs. Defendant. No. ______________ MODEL SCHEDULING ORDER FOR ROUTINE CASES Pursuant to written notice, a scheduling conference was held on [date]. Present were _____________, counsel for plaintiff, and _________________, counsel for defendant. At the conference, the following dates were established as the final deadlines for: INITIAL DISCLOSURES PURSUANT TO FED. R. CIV. P. 26(a)(1): _______________ (If not made before the Rule 16(b) conference, then 14 days after the Rule 16(b) conference.) MOTIONS TO JOIN PARTIES: _______________________ (filed within 2 months after conference) MOTIONS TO AMEND PLEADINGS: ______________________ (filed within 2 months after conference) MOTIONS TO DISMISS: _______________________ (filed within 3 months after conference) COMPLETING ALL DISCOVERY: ________________________ (within 6 to 8 months after conference) (a) DOCUMENT PRODUCTION: ______________________ (Same as discovery deadline or at intervals during the discovery period) (b) DEPOSITIONS, INTERROGATORIES AND REQUESTS FOR ADMISSIONS: _____________________ 1 (Same as discovery deadline or at intervals during the discovery period) (c) EXPERT WITNESS DISCLOSURES (Rule 26): (1) DISCLOSURE OF PLAINTIFF=S RULE 26 EXPERT INFORMATION: ____________________ (2 months before close of discovery) (2) DISCLOSURE OF DEFENDANT=S RULE 26 EXPERT INFORMATION: ____________________ (1 month before close of discovery) (3) EXPERT WITNESS DEPOSITIONS: ____________________ (by discovery deadline) MOTIONS TO EXCLUDE EXPERTS/DAUBERT MOTIONS: ____________________ (within 1 month of close of discovery) FILING DISPOSITIVE MOTIONS: ____________________ (within 1 month of close of discovery) OTHER RELEVANT MATTERS: As required by Local Rule 26.1(e), the parties have conferred as to whether they will seek discovery of electronically stored information (Ae-discovery@) and [have agreed that e-discovery is not appropriate in this case and therefore they will not seek e-discovery] / [have reached an agreement regarding e-discovery and hereby submit the parties= e-discovery plan for the court’s approval] / [have not reached an agreement regarding e-discovery and will comply with the default standards described in Local Rule 26.1(e) until such time, if ever, the parties reach an agreement and the court approves the parties= e-discovery plan]. [Pursuant to agreement of the parties, if privileged or protected information is inadvertently produced, the producing party may, by timely notice, assert the privilege or protection and obtain the return of the materials without waiver]. No depositions may be scheduled to occur after the discovery deadline. All motions, requests for admissions, or other filings that require a response must be filed sufficiently in advance of the discovery deadline to enable opposing counsel to respond by the time permitted by the Rules prior to that date. Motions to compel discovery are to be filed and served by the discovery deadline or within 30 days of the default or the service of the response, answer, or objection, which is the subject of the motion, if the default occurs within 30 days of the discovery deadline, unless the time for filing of such motion is extended for good cause shown, or the objection to the default, response, answer, or objection is waived. 2 This case is set for a [jury] / [non-jury] trial. The pretrial order date, pretrial conference date, and trial date will be set by the presiding judge. The parties anticipate the trial will last approximately days. The parties agree that this case is appropriate for ADR. The parties are ordered to engage in ADR before ____________________. Pursuant to Local Rule 16.2(d), within 7 days of completion of ADR, the parties shall file a notice via ECF confirming that the ADR was conducted and indicating whether it was successful or unsuccessful, without disclosing the parties’ respective positions at the ADR. Pursuant to Local Rule 7.2(a)(1)(A), all motions, except motions pursuant to Fed. R. Civ. P. 12, 56, 59, and 60 shall be accompanied by a proposed order in a word processing format sent to the ECF mailbox of the presiding judge. Pursuant to Local Rule 7.2(a)(1)(B), the parties are required to consult prior to filing any motion (except motions filed pursuant to Fed. R. Civ. P. 12, 56, 59, and 60). The opposing party must file a response to any opposed motion. Pursuant to Local Rule 7.2(a)(2), a party=s failure to respond timely to any motion, other than one requesting dismissal of a claim or action, may be deemed good grounds for granting the motion. Neither party may file an additional reply to any motion, other than a motion filed pursuant to Fed. R. Civ. P. 12(b) or 56, without leave of the court. Pursuant to Local Rule 7.2(c), if a party believes that a reply is necessary, it shall file a motion for leave to file a reply within 7 days of service of the response, setting forth the reasons why a reply is required. The parties [do] / [do not] consent to trial before the Magistrate Judge. This order has been entered after consultation with the parties. Absent good cause shown, the deadlines set by this order will not be modified or extended. IT IS SO ORDERED this day of , 20 . ___________________________________ CHARMIANE G. CLAXTON UNITED STATES MAGISTRATE JUDGE 3
=== Instructions ===
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TENNESSEE Office of the Clerk INSTRUCTIONS CONCERNING RULE 16(b) SCHEDULING CONFERENCE I. DUTY TO NOTIFY Since this scheduling conference may be set before the defendant[s] has been served or has appeared in the case, counsel for the plaintiff is responsible for notification of defendant[s] or defendant[s]= counsel of the setting of the first Rule 16(b) Conference. If plaintiff=s counsel is unable to notify the defendant[s] or defendant[s]= counsel, then plaintiff=s counsel shall, at least two (2) working days prior to the scheduled Rule 16(b) Conference, so notify the Court. II. DUTY TO CONFER Prior to the scheduling conference, counsel are required to consult regarding schedules for completion of discovery, filing of motions, trial and pretrial activities and other matters addressed in these instructions. III. ATTENDANCE REQUIRED The attendance of all unrepresented parties and lead trial counsel for each represented party is required at the scheduling conference; the unrepresented parties and counsel must be prepared to address any pending motions or motions which may be raised orally at the conference. Failure to appear may result in the imposition of sanctions. (See & VII.) Out-of-town counsel may request permission from the magistrate judge to handle the conference by telephone, provided the request is made within three (3) days of the date of this letter.. The request must be made in writing and must include names and telephone numbers of all parties. The conference call for the scheduling conference will be initiated by the judge=s chambers. IV. INITIAL DISCLOSURE Fed.R.Civ.P. Rule 26(a)(1) & (2) and Rule 26(f) will be enforced. Therefore, in accordance with Fed.R.Civ.P. 26(f), the parties shall, at least 14 days prior to the Rule 16(b) scheduling conference, meet for discussions in accordance with Rule 26(f) and for the purpose of preparing a proposed discovery plan. The parties shall file a written report outlining the proposed discovery plan at least 4 days prior to the first conference. Counsel should refer to Form 52, Appendix of Forms to Fed.R.Civ.P., for a checklist of items to be discussed at the Rule 26(f) meeting and 1 included in the written report. Moreover, within 10 days of the 26(f) meeting (i.e. at least 4 days prior to the scheduling conference), the parties1 shall make disclosure pursuant to Rule 26(a)(1) without formal discovery requests. Counsel are further advised that, absent any agreement of the parties, no formal discovery demand may issue pending the meeting under Rule 26(f). Unless the parties stipulate otherwise, the number of interrogatories will be limited to 25 in accordance with Fed.R.Civ.P. 33, and the number of depositions will be limited to ten in accordance with Fed.R.Civ.P. 30. V. REQUEST FOR EXEMPTION FROM RULE 26 Counsel or parties wishing to request that they not be required to comply with provisions of Rule 26(a) or (f) of the Federal Rules of Civil Procedure, must adhere to the following procedure in making the request. Requests are to be made by motion in writing in compliance with local rules of this court. Requests for exemption from the disclosure provisions of Rule 26(a) must be made at least ten days before the date disclosure is required by the rule. Requests for exemption from the Rule 26(f) meeting requirements must be made at least seven days before the date scheduled for the meeting or, if the parties have scheduled no meeting, at least twenty-one days before the date of the scheduling conference. VI. SUBJECTS AT CONFERENCE Generally, at the scheduling conference, the following subjects will be addressed: The status of the case, the general nature of the claims and defenses, issues in the case, and potential use of experts; Jurisdictional and statute of limitations issues (all jurisdictional questions or timeliness questions should be reviewed in advance of the scheduling conference and, if motions have not already been filed, the Court should be advised at the scheduling conference that there are preliminary matters which require early disposition);2 1Except for parties in pro se prisoner litigation. 2 Similarly, questions of class certification, qualified immunity, or conflict of interest should be raised at the first possible occasion and no later than the initial Rule 16(b) scheduling conference. 2 Setting of all deadlines for filing preliminary motions, the establishment of all deadlines for discovery (including disclosure of expert witness information where appropriate), the establishment of final deadlines for filing pretrial motions (including all motions for summary judgment), joining parties, amending pleadings, the establishment of pretrial conference and trial dates, and the establishment of any other appropriate deadlines. The court expects to set a definite trial date for this case which does not conflict with criminal case settings. The trial date will be consistent with the particular needs of this case and will be no later than eighteen months from the date of filing, unless the court certifies that the court=s calendar does not so permit or the complexity of the case requires a later setting. The desire of the parties to consent to all further proceedings in the case being handled by the magistrate judge in accordance with 28 U.S.C. ' 636(c) (including entry of final judgment, with any appeal directly to the Sixth Circuit Court of Appeals); The possibility of settlement, your position regarding settlement, and the desire of the parties to utilize alternative dispute resolution, including the court-annexed mediation program plan or private mediation. Status of all document discovery (parties are encouraged to promptly exchange core document information and, where necessary, to promptly issue requests for production of documents and subpoenas duces tecum to third parties); Any anticipated discovery problems (i.e., the necessity of protective orders, the necessity of inspection of facilities, witness unavailability, delays which may be occasioned because of an individual=s physical or mental condition, etc.); Estimated trial time, and any special issues anticipated in connection with trial; and Any pending motions or motions which may be raised orally at the conference. VII. ORDER TO BE ENTERED An order will be entered reflecting the results of the scheduling conference. The order will include deadlines for filing motions and completing discovery, and the establishment of pretrial conference and trial dates. Attached as Exhibit AA@ to this notice is a Form Rule 16(b) Scheduling Order which counsel may use as a proposed order after developing appropriate agreed-upon deadlines. VIII. SANCTIONS FOR FAILURE TO APPEAR Failure to appear at the scheduling conference, or to comply with the directions of the Court set forth herein, may result in an ex parte hearing being held and the entry of such order as is just, including a judgment of dismissal with prejudice or entry of a default judgment, or other appropriate sanctions, such as attorney=s fees and expenses of opposing counsel, without further notice to the party who fails to appear. 3 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION Plaintiff, vs. Defendant. No. ______________ MODEL SCHEDULING ORDER FOR ROUTINE CASES Pursuant to written notice, a scheduling conference was held on [date]. Present were _____________, counsel for plaintiff, and _________________, counsel for defendant. At the conference, the following dates were established as the final deadlines for: INITIAL DISCLOSURES PURSUANT TO FED. R. CIV. P. 26(a)(1): _______________ (If not made before the Rule 16(b) conference, then 14 days after the Rule 16(b) conference.) MOTIONS TO JOIN PARTIES: _______________________ (filed within 2 months after conference) MOTIONS TO AMEND PLEADINGS: ______________________ (filed within 2 months after conference) MOTIONS TO DISMISS: _______________________ (filed within 3 months after conference) COMPLETING ALL DISCOVERY: ________________________ (within 6 to 8 months after conference) (a) DOCUMENT PRODUCTION: ______________________ (Same as discovery deadline or at intervals during the discovery period) (b) DEPOSITIONS, INTERROGATORIES AND REQUESTS FOR ADMISSIONS: _____________________ 4 (Same as discovery deadline or at intervals during the discovery period) (c) EXPERT WITNESS DISCLOSURES (Rule 26): (1) DISCLOSURE OF PLAINTIFF=S RULE 26 EXPERT INFORMATION: ____________________ (2 months before close of discovery) (2) DISCLOSURE OF DEFENDANT=S RULE 26 EXPERT INFORMATION: ____________________ (1 month before close of discovery) (3) EXPERT WITNESS DEPOSITIONS: ____________________ (by discovery deadline) MOTIONS TO EXCLUDE EXPERTS/DAUBERT MOTIONS: ____________________ (within 1 month of close of discovery) FILING DISPOSITIVE MOTIONS: ____________________ (within 1 month of close of discovery) OTHER RELEVANT MATTERS: As required by Local Rule 26.1(e), the parties have conferred as to whether they will seek discovery of electronically stored information (Ae-discovery@) and [have agreed that e-discovery is not appropriate in this case and therefore they will not seek e-discovery] / [have reached an agreement regarding e-discovery and hereby submit the parties= e-discovery plan for the court’s approval] / [have not reached an agreement regarding e-discovery and will comply with the default standards described in Local Rule 26.1(e) until such time, if ever, the parties reach an agreement and the court approves the parties= e-discovery plan]. [Pursuant to agreement of the parties, if privileged or protected information is inadvertently produced, the producing party may, by timely notice, assert the privilege or protection and obtain the return of the materials without waiver]. No depositions may be scheduled to occur after the discovery deadline. All motions, requests for admissions, or other filings that require a response must be filed sufficiently in advance of the discovery deadline to enable opposing counsel to respond by the time permitted by the Rules prior to that date. Motions to compel discovery are to be filed and served by the discovery deadline or within 30 days of the default or the service of the response, answer, or objection, which is the subject of the motion, if the default occurs within 30 days of the discovery deadline, unless the time for filing of such motion is extended for good cause shown, or the objection to the default, response, answer, or objection is waived. 5 This case is set for a [jury] / [non-jury] trial. The pretrial order date, pretrial conference date, and trial date will be set by the presiding judge. The parties anticipate the trial will last approximately days. The parties agree that this case is appropriate for ADR. The parties are ordered to engage in ADR before ____________________. Pursuant to Local Rule 16.2(d), within 7 days of completion of ADR, the parties shall file a notice via ECF confirming that the ADR was conducted and indicating whether it was successful or unsuccessful, without disclosing the parties’ respective positions at the ADR. Pursuant to Local Rule 7.2(a)(1)(A), all motions, except motions pursuant to Fed. R. Civ. P. 12, 56, 59, and 60 shall be accompanied by a proposed order in a word processing format sent to the ECF mailbox of the presiding judge. Pursuant to Local Rule 7.2(a)(1)(B), the parties are required to consult prior to filing any motion (except motions filed pursuant to Fed. R. Civ. P. 12, 56, 59, and 60). The opposing party must file a response to any opposed motion. Pursuant to Local Rule 7.2(a)(2), a party=s failure to respond timely to any motion, other than one requesting dismissal of a claim or action, may be deemed good grounds for granting the motion. Neither party may file an additional reply to any motion, other than a motion filed pursuant to Fed. R. Civ. P. 12(b) or 56, without leave of the court. Pursuant to Local Rule 7.2(c), if a party believes that a reply is necessary, it shall file a motion for leave to file a reply within 7 days of service of the response, setting forth the reasons why a reply is required. The parties [do] / [do not] consent to trial before the Magistrate Judge. This order has been entered after consultation with the parties. Absent good cause shown, the deadlines set by this order will not be modified or extended. IT IS SO ORDERED this day of , 20 . ___________________________________ CHARMIANE G. CLAXTON UNITED STATES MAGISTRATE JUDGE 6