Standing Order; Report Party Planning Standard; Civil Trial Order; Civil Bench Trial Order; Class Actions Report of Parties Planning; CMC Scheduling Order Standard; Criminal Pretrial Order; Discovery Dispute Order; Pro Se Case Management Scheduling Order; Pro Se Guide; CMC Order Patent; CMC Scheduli

=== Standing Order ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION Case No. Plaintiff, -vs- JUDGE PAMELA A. BARKER Defendant. STANDING ORDER , , I. Governing Rules This case is governed by both the Federal Rules of Civil Procedure and the Local Rules of the United States District Court for the Northern District of Ohio. Counsel and pro se parties are ordered to familiarize themselves with those rules and this Standing Order. II. Partial Motions to Dismiss The filing of a partial motion to dismiss will not excuse the filing of an answer, compliance with discovery, or any other rules or orders. So as not to delay the overall resolution of the case, proceedings will go forward while the partial motion to dismiss is being briefed and/or is under advisement by the Court. Accordingly, defendants who timely file a partial motion to dismiss under Fed. R. Civ. P. 12(b), must still file an answer. The deadline to serve an answer shall be calculated as set forth in Fed. R. Civ. P. 12(a). III. Ex Parte Communications This Court will not accept ex parte telephone calls to Chambers regarding substantive issues in pending cases. The Court speaks through its docket. While it may be appropriate to call Chambers regarding routine, non-substantive matters (such as requests for the dial-in information for an upcoming status conference, etc.), it is not appropriate under any circumstances for counsel to call Chambers ex parte for guidance or clarification regarding substantive matters, including matters relating to existing case management deadlines, requests to file briefing, and/or inquiries regarding the status of pending motions. All questions regarding substantive matters in pending cases must be filed as a motion on the public docket, with the following exception. If a dispute arises during a deposition that requires this Court’s immediate assistance, the parties may call Chambers for assistance, but must do so jointly (and not on an ex parte basis). IV. Protective Orders This Court has a strong preference for the use of the protective order as set forth in Appendix L to the Local Civil Rules. If any party seeks a protective order that deviates from Appendix L, the party must email a redlined Word version of the revisions they propose to Appendix L to [email protected]. That request must also set forth the basis for any deviations from Appendix L. Joint proposals will be viewed more favorably V. Meet and Confers At any point in which the parties are directed to meet and confer, such a conference must be conducted in-person, by video conference, or by telephone conference. Email communications will never be sufficient to demonstrate a good faith effort to meet and confer. This Court’s separate Discovery Dispute Order more fully sets forth the parties’ obligations in the event of a discovery dispute. IT IS SO ORDERED. s/ Pamela A. Barker PAMELA A. BARKER U. S. DISTRICT JUDGE 2

=== Report Party Planning Standard ===

STANDARD UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Plaintiff(s), v. Defendant(s). Case No. Judge Pamela A. Barker MEETING UNDER FED. R. CIV. P. 26(f) AND LR 16.3(b)(3 REPORT OF PARTIES’ PLANNING 1. Pursuant to Fed. R. Civ. P. 26(f) and LR 16.3(b)(3), a meeting was held on , and was attended by: counsel for plaintiff(s) counsel for plaintiff(s) counsel for defendant(s) counsel for defendant(s) 2. The parties: have exchanged the pre-discovery disclosures required by Fed. R. Civ. P. 26(a)(1) and the Court’s prior order; will exchange such disclosures by ; have not been required to make initial disclosures. 3. The parties recommend the following track: Expedited Standard Complex Administrative Mass Tort 4. This case is suitable for one or more of the following Alternative Dispute Resolution (“ADR”) mechanisms: Early Neutral Evaluation Mediation Arbitration Summary Jury Trial Summary Bench Trial Case not suitable for ADR 5. The parties do/ do not consent to the jurisdiction of the United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). 6. Electronically Stored Information. The Parties: (indicate one): _____ agree that there will be no discovery of electronically-stored information; or _____ have agreed to a method for conducting discovery of electronically-stored information; or _____ have agreed to follow the default standard for discovery of electronically-stored information (Appendix K to Northern District of Ohio Local Rules). 7. Recommended Discovery Plan: (a) Describe the subjects on which discovery is to be sought and the nature and extent of discovery. (b) Discovery cut-off date: 8. Recommended dispositive motion date: 9. Recommended expert discovery date: Expert report(s) by party initially seeking to introduce expert testimony recommended due date Responsive expert report(s) due date: 10. Recommended cut-off date for amending the pleadings and/or adding additional parties: 11. Recommended date for Status Hearing: 12. Recommended date for Settlement Conference: 13. Other matters for the attention of the Court: Attorney for Plaintiff(s) Attorney for Plaintiff(s) Attorney for Defendant(s) Attorney for Defendant(s)

=== Civil Trial Order ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION Case No. Plaintiff, -vs- JUDGE PAMELA A. BARKER Defendant. CIVIL TRIAL ORDER , , 1. Trial and Final Pretrial Dates This case is scheduled for Trial on ________. The trial day will begin promptly at 9:00 a.m. and will conclude at approximately 4:30 p.m. Counsel must appear at 8:30 a.m. The trial will be held in the courtroom of United States District Judge Pamela A. Barker, located in Room 16A of the Carl B. Stokes United States Court House, 801 West Superior Avenue, Cleveland Ohio, 44113. The Final Pretrial Conference is scheduled for _________ at ________ a.m./p.m. Pursuant to Local Rule 16.3(e), the parties and lead counsel of record must be present and prepared with full authority to discuss all aspects of the case, including any pending motions, jury instructions, witness and exhibit lists, scheduling and settlement. For a plaintiff, “full authority” means final authority to dismiss the case with prejudice and to accept in settlement an amount or terms down to the defendant’s last offer. For a defendant, “full authority” means final authority to commit a defendant to pay, in the representative’s own discretion, a settlement amount up to the plaintiff’s last demand. If a representative must make a telephone call or otherwise communicate with a person not in attendance to authorize a demand or offer, then that representative does not have full authority as required. In addition, in cases where a party requires authority from an insurer to settle the case, the party must ensure that a representative of the insurance company with full authority to settle the case attends the conference. Counsel are to have conferred with their clients, and with each other, regarding their final settlement posture no later than two (2) business days before the final pretrial conference. 2. Trial Briefs and Witness and Exhibits Lists Each party is required to file a trial brief with the Court no later than ten (10) days prior to trial. In addition, one (1) copy of each party’s trial brief shall be delivered to Chambers. A trial brief shall include: (a) a statement of the facts; (b) a discussion of the controlling law with particular emphasis on those legal issues which might justify a complete or partial motion under Rule 50 of the Federal Rules of Civil Procedure; (c) a list of proposed witnesses along with a brief description of the subject matter of the testimony of each witness; (d) an index of all proposed exhibits containing a brief description of each exhibit; (e) a discussion of any evidentiary issues likely to arise at trial; (f) any proposed voir dire questions; (g) proposed jury instructions (as set forth in Paragraph 8 of this Order); and (h) an estimate of the length of the trial. A witness not listed in the trial brief shall not testify at trial except under extraordinary circumstances. This rule applies to lay witnesses as well as to expert witnesses. An exhibit not listed in the trial brief shall not be introduced at trial, absent a showing of good cause. Counsel are required to exchange trial briefs no later than ten (10) days prior to the scheduled trial date. 3. Motions in Limine Motions in Limine shall be filed no later than twenty-eight (28) days prior to trial. Responses to motions in limine shall be filed seven (7) days after the filing of the motions in limine. 2 4. Stipulations of Fact and Preliminary Statements Counsel for the parties shall confer with one another in order to prepare written stipulations as to all uncontested facts to be presented at trial to the jury or to the Court, as the case may be. Stipulations of fact are strongly encouraged in order to eliminate the need for testimony of witnesses to facts which are not in dispute. Stipulations are to be filed with the Court no later than ten (10) days prior to trial. Counsel shall also prepare and submit a Joint Preliminary Statement, not to exceed one (1) page, describing the case in an impartial, easily understood and concise manner for use by the Court either during voir dire or at the time the jury is impaneled. This statement will be used to set the context of the trial for the jury and shall be delivered to Chambers no later than ten (10) days prior to trial. 5. Exhibits The Court is using new technology to facilitate the viewing of exhibits by jurors. Each party must submit all exhibits on a single storage device such as a CD, DVD, or USB drive. A separate CD or USB drive should be provided for Plaintiffs’ Exhibits, Defendants’ Exhibits, and any Joint Exhibits. Each party must send the exhibits in this format to the Court, Chambers 16A, such that the Court is guaranteed to receive them by no later than two (2) business days prior to trial. The Exhibit Files must be renamed using a naming convention similar to:<exhibit number>- <exhibit part>_<exhibit description>.<file extension>. The exhibit number MUST be a number. Exhibits with subparts can be so designated using a letter for the exhibit part. The use of the “underscore” character is required when an optional description of the exhibit is included and cannot be used elsewhere in the exhibit name. 3 Example listing of valid exhibit file names: 1-a_photograph.jpg12_2009 Tax Statement.pdf 35d.pdf 12(a)_camera footage.wmv Any questions regarding the naming conventions for the electronically stored exhibits should be directed to David Zendlo at (216) 357-7053. To maintain consistency between the electronic and the paper exhibits, BOTH PARTIES SHALL LABEL THEIR EXHIBITS WITH NUMBERS. Counsel shall mark all exhibits before trial with official or similar stickers. Exhibits shall be labeled with the party followed by the exhibit number (e.g., “Plaintiff 1”, “Def 2”, or “P 3”). The case number shall also appear on the stickers. In addition to electronically submitting exhibits, Counsel shall submit to the Court two (2) hard copies of all proposed exhibits, contained in two separate binders, along with an index containing a brief description of each exhibit on the morning that the trial commences. There is no need to file the exhibits with the Clerk of Court. Rather, exhibits may be delivered directly to the Judge’s chambers. The original exhibits should be retained by counsel for use at trial. Counsel shall exchange copies of all exhibits and exhibit indexes no later than two (2) business days before the scheduled trial date. The Court will not allow exhibits to be given to the jury during trial without prior Court approval. If the Court approves such a request, a copy for each juror must be provided so that all jurors may view the exhibit simultaneously. Exhibits not identified and exchanged prior to trial shall not be introduced at trial, absent a showing of good cause. 4 6. Objections to Witnesses or Exhibits Counsel are directed to confer with each other to resolve any objections to witnesses or exhibits that they may have. Objections to a proposed witness or exhibit that have not been resolved among counsel shall be filed with the Court no later than seven (7) days prior to trial. Such objections shall include a brief statement setting forth reasoning why the proposed witness or exhibit should not be permitted or admitted, as well as specific citations to pertinent case law or other legal authority. 7. Voir Dire Pursuant to Local Rule 47.3, the Court will conduct initial voir dire of the panel and of individual panel members. The Court will thereafter allow one counsel for each party to question briefly individual panel members on relevant issues not addressed by the Court. Proposed voir dire questions included in the trial brief may be included in the Court’s examination, subject to the Court’s discretion. 8. Proposed Jury Instructions Counsel for the various parties are required to confer with one another in person with respect to proposed jury instructions, with a view to reaching agreement on instructions to be requested. The parties shall file one joint set of jury instructions identifying the following: (a) instructions agreed upon by all counsel with supporting legal authority; and (b) instructions in dispute with the party proposing the instruction stating supporting reasons and legal authority, and the party objecting to the instruction stating supporting reasons and legal authority. 5 No proposed jury instruction will be considered by the Court unless it has been submitted in compliance with these provisions, except that requests for instructions that could not reasonably have been anticipated may be submitted during trial. Counsel must also provide the agreed upon jury instructions to the Court on a USB drive. The Court is equipped with Microsoft Word. When submitting the USB drive to the Court, counsel are advised to alert the security guards and avoid the x-ray machine to avoid accidental erasure. 9. Deposition Testimony (Videotape and Written) Whenever depositions (videotape and written) are intended to be used as evidence at trial, counsel proposing to use such deposition shall notify opposing counsel in the trial brief. Any objections to portions of the deposition must be filed in writing with the Court no later than seven (7) days prior to trial. If there are objections, counsel proposing to use said deposition shall file a brief in support within three (3) days after the objections are filed or indicate an agreement to delete the portion for which there is an objection. The Court must be provided with a complete written transcript of videotape depositions. 10. Continuances No party shall be granted a continuance of a trial or hearing without a written motion from the party or counsel stating the reason for the continuance endorsed in writing by all moving parties and their lead counsel of record. The Court will not consider any motion for a continuance due to a conflict of trial assignment dates unless a copy of the conflicting assignment is attached thereto. 11. Electronic Courtroom Any party that wishes to familiarize themselves with the presentation equipment and other technology available for use in the courtroom prior to trial, should contact the Courtroom Deputy at 6 216-357-7240 no later than one week before trial to schedule a time to visit the courtroom. If the party will require technological assistance with any of the equipment, they should also contact the Court’s technology advisors to ensure that someone will be available during the scheduled time to assist with the set-up and use of any equipment, or any other technological issues that may arise. 12. Settlement The parties shall notify the Court at the earliest possible time if a settlement is reached in the case. IT IS SO ORDERED. Date: March 3, 2023 U. S. DISTRICT JUDGE s/ Pamela A. Barker PAMELA A. BARKER 7

=== Civil Bench Trial Order ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION Case No. Plaintiff, -vs- JUDGE PAMELA A. BARKER Defendant. CIVIL TRIAL ORDER , , 1. Trial and Final Pretrial Dates This case is scheduled for Bench Trial on ___________. The trial day will begin promptly at 9:00 a.m. and will conclude at approximately 4:30 p.m. Counsel must appear at 8:30 a.m. The trial will be held in the courtroom of United States District Judge Pamela A. Barker, located in Room 16A of the Carl B. Stokes United States Court House, 801 West Superior Avenue, Cleveland Ohio, 44113. The Final Pretrial Conference is scheduled for __________ at a.m./ p.m. Pursuant to Local Rule 16.3(e), the parties and lead counsel of record must be present and prepared with full authority to discuss all aspects of the case, including any pending motions, jury instructions, witness and exhibit lists, scheduling and settlement. For a plaintiff, “full authority” means final authority to dismiss the case with prejudice and to accept in settlement an amount or terms down to the defendant’s last offer. For a defendant, “full authority” means final authority to commit a defendant to pay, in the representative’s own discretion, a settlement amount up to the plaintiff’s last demand. If a representative must make a telephone call or otherwise communicate with a person not in attendance to authorize a demand or offer, then that representative does not have full authority as required. In addition, in cases where a party requires authority from an insurer to settle the case, the party must ensure that a representative of the insurance company with full authority to settle the case attends the conference. Counsel are to have conferred with their clients, and with each other, regarding their final settlement posture no later than two (2) business days before the final pretrial conference. 2. Trial Briefs and Witness and Exhibits Lists Each party is required to file a trial brief with the Court no later than ten (10) days prior to trial. In addition, one (1) copy of each party’s trial brief shall be delivered to Chambers. A trial brief shall include: (a) a statement of the facts; (b) a discussion of the controlling law with particular emphasis on those legal issues which might justify a complete or partial motion under Rule 50 of the Federal Rules of Civil Procedure; (c) a list of proposed witnesses along with a brief description of the subject matter of the testimony of each witness; (d) an index of all proposed exhibits containing a brief description of each exhibit; (e) a discussion of any evidentiary issues likely to arise at trial; and (f) an estimate of the length of the trial. A witness not listed in the trial brief shall not testify at trial except under extraordinary circumstances. This rule applies to lay witnesses as well as to expert witnesses. An exhibit not listed in the trial brief shall not be introduced at trial, absent a showing of good cause. Counsel are required to exchange trial briefs no later than ten (10) days prior to the scheduled trial date. Proposed Findings of Fact and Conclusions of Law shall be incorporated into the trial brief. Proposed Findings of Fact and Conclusions of Law shall be consecutively numbered with each stated in a separate paragraph. The proposed Findings of Fact and Conclusions of Law shall cite the 2 particular witness(es) or exhibit(s) upon which each suggested finding is based. Proposed Conclusions of Law shall cite legal authority. 3. Motions in Limine Motions in Limine shall be filed no later than twenty-eight (28) days prior to trial. Responses to motions in limine shall be filed seven (7) days after the filing of the motions in limine. 4. Stipulations of Fact Counsel for the parties shall confer with one another in order to prepare written stipulations as to all uncontested facts to be presented at trial to the Court. Stipulations of fact are strongly encouraged in order to eliminate the need for testimony of witnesses to facts which are not in dispute. Stipulations are to be filed with the Court no later than ten (10) days prior to trial. 5. Exhibits The Court is using new technology to facilitate the viewing of exhibits. Each party must submit all exhibits on a single storage device such as a CD, DVD, or USB drive. A separate CD or USB drive should be provided for Plaintiffs’ Exhibits, Defendants’ Exhibits, and any Joint Exhibits. Each party must send the exhibits in this format to the Court, Chambers 16A, such that the Court is guaranteed to receive them by no later than two (2) business days prior to trial. The Exhibit Files must be renamed using a naming convention similar to:<exhibit number>- <exhibit part>_<exhibit description>.<file extension>. The exhibit number MUST be a number. Exhibits with subparts can be so designated using a letter for the exhibit part. The use of the “underscore” character is required when an optional description of the exhibit is included and cannot be used elsewhere in the exhibit name. Example listing of valid exhibit file names: 3 1-a_photograph.jpg12_2009 Tax Statement.pdf 35d.pdf 12(a)_camera footage.wmv Any questions regarding the naming conventions for the electronically stored exhibits should be directed to David Zendlo at (216) 357-7053. To maintain consistency between the electronic and the paper exhibits, BOTH PARTIES SHALL LABEL THEIR EXHIBITS WITH NUMBERS. Counsel shall mark all exhibits before trial with official or similar stickers. Exhibits shall be labeled with the party followed by the exhibit number (e.g., “Plaintiff 1”, “Def 2”, or “P 3”). The case number shall also appear on the stickers. In addition to electronically submitting exhibits, Counsel shall submit to the Court two (2) hard copies of all proposed exhibits, contained in two separate binders, along with an index containing a brief description of each exhibit on the morning that the trial commences. There is no need to file the exhibits with the Clerk of Court. Rather, exhibits may be delivered directly to the Judge’s chambers. The original exhibits should be retained by counsel for use at trial. Counsel shall exchange copies of all exhibits and exhibit indexes no later than two (2) business days before the scheduled trial date. Exhibits not identified and exchanged prior to trial shall not be introduced at trial, absent a showing of good cause. 4 6. Objections to Witnesses or Exhibits Counsel are directed to confer with each other to resolve any objections to witnesses or exhibits that they may have. Objections to a proposed witness or exhibit that have not been resolved among counsel shall be filed with the Court no later than seven (7) days prior to trial. Such objections shall include a brief statement setting forth reasoning why the proposed witness or exhibit should not be permitted or admitted, as well as specific citations to pertinent case law or other legal authority. 7. Deposition Testimony (Videotape and Written) Whenever depositions (videotape and written) are intended to be used as evidence at trial, counsel proposing to use such deposition shall notify opposing counsel in the trial brief. Any objections to portions of the deposition must be filed in writing with the Court no later than seven (7) days prior to trial. If there are objections, counsel proposing to use said deposition shall file a brief in support within three (3) days after the objections are filed or indicate an agreement to delete the portion for which there is an objection. The Court must be provided with a complete written transcript of videotape depositions. 8. Continuances No party shall be granted a continuance of a trial or hearing without a written motion from the party or counsel stating the reason for the continuance endorsed in writing by all moving parties and their lead counsel of record. The Court will not consider any motion for a continuance due to a conflict of trial assignment dates unless a copy of the conflicting assignment is attached thereto. 5 9. Electronic Courtroom Any party that wishes to familiarize themselves with the presentation equipment and other technology available for use in the courtroom prior to trial, should contact the Courtroom Deputy at 216-357-7240 no later than one week before trial to schedule a time to visit the courtroom. If the party will require technological assistance with any of the equipment, they should also contact the Court’s technology advisors to ensure that someone will be available during the scheduled time to assist with the set-up and use of any equipment, or any other technological issues that may arise. 10. Settlement The parties shall notify the Court at the earliest possible time if a settlement is reached in the case. IT IS SO ORDERED. Date: March 3, 2023 s/ Pamela A. Barker PAMELA A. BARKER U. S. DISTRICT JUDGE 6

=== Class Actions Report of Parties Planning ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION __________________, Case No. _____________ Plaintiff(s), -vs- JUDGE PAMELA A. BARKER _________________, Defendant(s). CASE MANAGEMENTCONFERENCE ORDER A Case Management Conference (“CMC”) was held in this matter on ____________. The parties and counsel of record agreed to the following, and IT IS ORDERED that: 1. This case is assigned to the [expedited, standard, complex, administrative, mass tort] track. 2. This case was referred to Alternative Dispute Resolution (“ADR”): Yes________ No ________ Decision delayed __________ If yes, by the following ADR process: Early Neutral Evaluation ______ Mediation _______ Arbitration ________ Summary Jury Trial _________ Summary Bench Trial _________ 3. The parties do/do not consent to the jurisdiction of a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c) at this time. 4. The pleadings shall be amended without leave of Court and new parties shall be joined on or before ________. 5. The parties [have exchanged the pre-discovery disclosures required by Fed. R. Civ. P. 26(a)(1)] OR [will exchange the pre-discovery disclosures required by Fed. R. Civ. P. 26(a)(1) by _______.] 6. As to Electronically Stored Information, the parties agree __________________________________________________________________. 7. Schedule for Conditional/Class Certification, Opt-In Discovery, and Notice: Where parties are not in agreement regarding certification, the deadline for discovery regarding certification motions is ___________, [including plaintiff(s)' depositions by _________, defendant(s)' 30(b) depositions by __________, plaintiff(s)' expert reports by __________, defendant(s)' expert reports by __________, and expert depositions by __________.] Plaintiff’s Motion for Certification is due ______. Response shall be due no later than _________. 8. All other non-expert discovery shall be completed by __________. Discovery shall be conducted according to the guidelines set forth in Local Rule 16.2 for cases assigned to this track. The Court directs the parties to comply with Local Rule 37.1 before filing any motions seeking aid from the Court in discovery matters. 9. All other expert discovery shall be completed by _________. The party initially seeking to introduce expert testimony shall exchange his or her Expert Report on or before ________. Responsive Expert Reports shall be exchanged on or before _________. 10. Dispositive Motions shall be filed on or before ____________. Responses to dispositive motions must be filed within thirty (30) days of the service of the dispositive motion. Replies must be filed within fourteen (14) days of the service of the response. (See Local Rule 7.1). No sur-reply brief may be filed without leave of Court. No request for an extension of time will be entertained unless it is filed prior to the response date from which extension is sought and it indicates whether opposing counsel consents or objects to the requested extension. 2 11. A [telephonic/in-person] status conference with lead counsel is set for _______ at _________ a.m/p.m. Counsel shall confer within five (5) business days of the scheduled conference to discuss outstanding issues and respective positions as to settlement. Counsel shall provide to the Court within three (3) business days of the conference, a joint Status Report or confidential individual Status Reports describing the status of discovery, settlement positions, and issues to be addressed. The Status Reports need not be filed, but may be delivered via email to [email protected] 12. A Settlement Conference is set for __________ at _________ a.m./p.m. in Room 16A. Parties and lead counsel must appear in person unless otherwise ordered by the Court. “Parties” means the named individuals or, in the case of a corporation or similar legal entity, a person with knowledge of the facts who has full settlement authority. In addition, if there is insurance that arguably covers a party’s claim(s), an insurance representative with settlement authority shall also attend the Settlement Conference. If the presence of a party, lead counsel, or insurance representative will constitute an undue hardship, a written motion to excuse the presence of such person must be filed seven (7) days prior to the Settlement Conference. Within five (5) days of the Settlement Conference, each party shall submit to the Court a confidential Settlement Statement that includes the current status of any and all settlement negotiations, a summary of the parties’ respective positions, and an outline of factual and damage allegations. The parties’ Settlement Statements shall not be filed with the Clerk, but shall be emailed to Chambers at [email protected]. Unless requested by all parties, copies of the Settlement Statements shall not be provided to the other parties in the case. IT IS SO ORDERED. 3 Date: March 4, 2021 PAMELA A. BARKER U. S. DISTRICT JUDGE 4

=== CMC Scheduling Order Standard ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO __________________, Case No. _____________ Plaintiff(s), -vs- JUDGE PAMELA A. BARKER _________________, Defendant(s). NOTICE OF CASE MANAGEMENT CONFERENCE All counsel and/or parties will take notice that the above-captioned action has been set for a Case Management Conference (“CMC”) on ____________ at _____________ a.m./p.m. before Judge Pamela A. Barker, Room 16A, Carl B. Stokes U.S. Courthouse, 801 W. Superior Avenue, Cleveland, Ohio 44113. Lead counsel must be present in person at the CMC. 1. Track Assignment This case is subject to the provisions of Rule 16 of the Local Rules of the Northern District of Ohio entitled Differentiated Case Management (“DCM”). Counsel and/or the parties are expected to familiarize themselves with the Local Rules as well as with the Federal Rules of Civil Procedure. The Court shall evaluate this case in accordance with Rule 16 and assign it to one of the case management tracks described in L.R. 16(a)(2). Each of the tracks (expedited, standard, complex, mass tort, and administrative) has its own set of guidelines and time lines governing discovery practice, motion practice, and for trial. Discovery shall be guided by L.R. 26.1, et seq. Motion practice shall be guided by Local Rule 7.1, et seq. 2. Consent to Magistrate Judge Magistrate Judge _________ has been assigned to assist in this case. The parties are encouraged to discuss and consider consenting to the jurisdiction of the Magistrate Judge. 3. Preparation for CMC by Counsel The parties shall meet prior to the CMC to discuss the case and prepare a proposed discovery plan pursuant to Fed. R. Civ. P. 26(f). The Court places the burden of arranging this meeting on counsel for Plaintiff(s) if originally filed with this Court or, on counsel for Defendant(s) if removed. With the exception of certain cases enumerated in Fed. R. Civ. P. 26(a)(1)(B),1 the parties shall, at or within 14 days after the meeting and without awaiting a discovery request, provide the basic information to the other parties specified by Fed. R. Civ. P. 26(a)(1), (2), and (3). A Report of Parties’ Planning Meeting under Fed. R. Civ. P. 26(f) and Local Rule 16.3(b) (attached hereto as “Att. 1”) shall be filed with the Court at least five (5) working days before the CMC. Pursuant to Fed. R. Civ. P. 26(d), a party may not seek formal discovery from any source before the parties have met and conferred. 4. Filing of Discovery Materials Unless otherwise ordered by the Court, initial disclosures, discovery depositions, interrogatories, requests for documents, requests for admissions, answers and responses thereto shall not be filed with the Clerk’s Office, except that discovery materials may be filed as evidence in support of a motion or for use at trial. If a party intends to rely on deposition testimony in support of 1 The following categories of proceedings are exempt from the initial disclosure requirements of Rule 26(a)(1); (i) an action for review on an administrative record, including ERISA cases; (ii) a federal forfeiture action; (iii) a petition for habeas corpus; (iv) an action brought without an attorney by a person in the custody of the United States, a state, or a state subdivision; (v) an action to enforce or quash an administrative summons or subpoena; (vi) an action by the United States to recover benefit payments; (vii) an action by the United States to collect on a student loan guaranteed by the United States; (viii) a proceeding ancillary to a proceeding in another court; and (ix) an action to enforce an arbitration award. 2 its position on a motion, the Court prefers the filing of the entire deposition rather than excerpts, unless the party truly believes that excerpts are sufficient, and with the proviso that any other party who believes the excerpts offered are not sufficient is free to file the entire deposition. In any event, discovery and disclosure material submitted in support of any party’s position shall be filed at the same time as the party’s memorandum setting forth its position. 5. Electronic Filing Electronic filing is mandatory in the Northern District of Ohio. Counsel are advised that all documents, notices and orders in this matter be filed electronically, except as provided for in the Electronic Filing Policies and Procedures Manual, a copy of which is available on the Court’s electronic case files web site at http://ecf.ohnd.uscourts.gov. Also, the Clerk’s Office has established an Electronic Filing Help Desk at 1-800-355-8498 to answer questions and provide assistance should difficulties arise. 6. Other Directives Parties shall submit a courtesy copy of all dispositive motions, oppositions and replies, along with all supporting material to Chambers. No party may file a motion for summary judgment prior to close of discovery without express leave of court. All summary judgment motions shall be in a single motion. Parties may not file multiple summary judgment motions without express leave of Court. In all cases in which it is anticipated that a party or parties will seek attorney’s fees pursuant to statutory or case-law authority, such party shall file with the Court at or prior to the CMC a preliminary estimate and/or budget of the amount of fees and expenses anticipated to be the subject of any such claim. 3 It is the responsibility of counsel for the Plaintiff to verify that a copy of this Order has been received by counsel for Defendant(s) or, if no counsel has entered an appearance for Defendant(s), has been received by Defendant(s). Any attorney desiring to practice in a case before this Court, whose name has not appeared on an initial pleading or motion, shall enter a written notice of appearance. 7. Requests to Reschedule CMC or Excuse In-Person Attendance of Lead Counsel Any requests to reschedule the CMC and/or excuse the in-person attendance of lead counsel must be set forth in a written motion. Such motion must be filed no less than seven (7) days prior to the CMC, absent extenuating circumstances. With regard to a motion to reschedule the CMC, the moving party (or parties, if it is a joint motion) must confer with opposing counsel and propose no less than three (3) alternative dates that are agreeable to all participants. Any request not complying with the above provisions will be denied. The Court will not entertain telephone calls or emails requesting that the CMC be rescheduled or that lead counsel be excused. 8. Resolution prior to the CMC In the event that this case is resolved prior to the CMC, counsel should submit a jointly signed stipulation of settlement or dismissal, or otherwise notify the Court that the same is forthcoming. During the course of this litigation, any questions or concerns regarding any aspect of this case should be directed to (216) 357-7240. IT IS SO ORDERED. 4

=== Criminal Pretrial Order ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO United States of America, Case No. Plaintiff, -vs- JUDGE PAMELA A. BARKER Defendants. CRIMINAL PRE-TRIAL ORDER This case is scheduled for Trial on The trial day will begin promptly at 9:00 a.m. and will conclude at approximately 4:30 p.m. Counsel must appear at 8:30 a.m. The trial will be held in the courtroom of United States District Judge Pamela A. Barker, located in Room 16A of the Carl B. Stokes United States Court House, 801 West Superior Avenue, Cleveland Ohio, 44113. The Final Pretrial Conference/Change of Plea is scheduled for at 9:00 a.m. Lead Counsel and Defendants must be present at all proceedings unless excused by the Court upon written motion. 1. Discovery It is the responsibility of counsel to notify the Court in writing immediately of any failure to provide discovery material. The Court will not continue a scheduled trial because of a failure to provide discovery. 2. Pretrial Motions Pretrial motions, including motions to suppress, shall be filed 14 days prior to the final pretrial. Briefs in Opposition shall be filed 7 days prior to final pretrial. If required, a Suppression Hearing will be held on the date of the Final Pretrial. Every motion shall be supported by a substantial foundation, explicitly stated pursuant to Local Crim. Rule 12.1. Counsel for the Government shall respond in writing to a motion to suppress. 3. Trial Briefs The following must be included in a trial brief which is to be submitted to the Court one week prior to trial by no later than 4:00 p.m: a. Joint Preliminary Statement. Counsel for the parties shall confer in person and agree upon a concise written statement describing the case in an impartial, easily understood manner and submit it to the Court to be read to the jury panel prior to voir dire. The statement will be used to set the context of the trial for the jury. b. Stipulations. Counsel for the parties are directed to confer in person, agree upon stipulations, and reduce them to writing. Stipulations shall be signed by all counsel and submitted to the Court. c. Jury Instructions. A joint set of jury instructions identifying the following: i) instructions agreed upon by all counsel with supporting legal authority; and ii) instructions in dispute with the party proposing the instruction stating supporting reasons and legal authority, and the party objecting to the instructions stating supporting reasons and legal authority. No proposed jury instruction will be considered by the Court unless it has been submitted in compliance with these provisions, except that request for instructions that could not reasonably have been anticipated may be submitted during trial. 2 Counsel must also provide one agreed upon jury instructions to the Court on a cd rom. The Court is equipped with Microsoft Word. When submitting the cd rom to the Court, counsel are advised to alert the security guard and avoid the x-ray machine to avoid accidental erasure. The Court intends to adhere as closely as possible to pattern criminal jury instructions issued by the Sixth Circuit and the Federal Judicial Center. d. A list of voir dire questions. Counsel are directed to submit to the Court, in writing, a list of proposed voir dire questions. Counsel should confer in person and, to the extent possible, agree upon a complete set of voir dire questions. The Court will conduct initial voir dire of the panel and of individual panel members. The Court will thereafter allow one counsel for each party to question briefly individual panel members on relevant issues not addressed by the Court. e. Memoranda. Counsel for the parties are directed to submit to the Court appropriate memoranda, with citations to legal authority, in support of evidentiary questions and any other legal issues which may reasonably be anticipated to arise at trial. f. Estimate of Length of Trial. Counsel are directed to submit the Court an estimate of the length of trial. 4. Witness Lists Counsel shall provide witness lists to the Court no later than seven days prior to trial. The witness lists shall provide a brief description and purpose of each witness to be offered. Each attorney shall have a continuing obligation to supplement the party’s witness list immediately upon learning of any additional witness. Witnesses not identified prior to trial shall not be permitted to testify at trial, absent a showing of good cause. This rule applies to lay witnesses as well as to expert witnesses. 3 5. Exhibits Counsel shall exchange demonstrative evidence, such as models or sketches, no later than two days prior to the date of trial. All exhibits must be marked before trial in accordance with Local Criminal Rule 23.2. The Court is using new technology to facilitate the viewing of exhibits by jurors. Each party must submit all exhibits on a single storage device such as a CD, DVD, or USB drive. A separate CD or USB drive should be provided for Plaintiffs’ Exhibits, Defendants’ Exhibits, and any Joint Exhibits. Each party must send the exhibits to the Court, Chambers 16A, such that the Court is guaranteed to receive the exhibits by no later than two days before trial. The Exhibit Files must be renamed using a naming convention similar to:<exhibit number>- <exhibit part>_<exhibit description>.<file extension>. The exhibit number MUST be a number. Exhibits with subparts can be so designated using a letter for the exhibit part. The use of the “underscore” character is required when an optional description of the exhibit is included and cannot be used elsewhere in the exhibit name. Example listing of valid exhibit file names: 1-a_photograph.jpg12_2009 Tax Statement.pdf 35d.pdf 12(a)_camera footage.wmv Any questions regarding the naming conventions for the electronically stored exhibits should be directed to David Zendlo at (216) 357-7053. 4 To maintain consistency between the electronic and the paper exhibits, BOTH PARTIES SHALL LABEL THEIR EXHIBITS WITH NUMBERS. Counsel shall mark all exhibits before trial with official or similar stickers. Exhibits shall be labeled with the party followed by the exhibit number (e.g., “Plaintiff 1”, “Def 2”, or “P 3”). The case number shall also appear on the stickers. In addition to electronically submitting exhibits, Counsel shall submit to the Court two (2) hard copies of all proposed exhibits, contained in two separate binders, along with an index (Appendix B) containing a brief description of each exhibit on the morning the commences. The Court will not allow exhibits to be given to the jury during trial without prior Court approval. If the Court approves such a request, a copy for each juror must be provided so that all jurors may view the exhibit simultaneously. Exhibits that are not identified and exchanged prior to trial shall not be introduced at trial, absent a showing of good cause. 6. Objections to Witnesses or Exhibits Counsel are directed to confer with each other to resolve any objections to witnesses or exhibits that they may have. Objections to a proposed witness or exhibit that have not been resolved among counsel shall be filed with the Court no later than three (3) days prior to trial. Such objections shall include a brief statement setting forth reasoning why the proposed witness or exhibit should not be permitted or admitted, as well as specific citations to pertinent case law or other legal authority. 7. Continuances No party shall be granted a continuance of a trial or hearing without a written motion from the party or counsel stating the reason for the continuance. The continuance must be endorsed in writing by all parties and their lead counsel of record. The parties must propose no less than three (3) 5 alternative dates for both the final pretrial and trial that are agreeable to all participants. The Court will not consider any motion for a continuance due to a conflict of trial assignment dates unless a copy of the conflicting assignment is attached thereto. 8. Electronic Courtroom Any party that wishes to familiarize themselves with the presentation equipment and other technology available for use in the courtroom prior to trial, should contact the Courtroom Deputy at 216-357-7240 no later than one week before trial to schedule a time to visit the courtroom. If the party will require technological assistance with any of the equipment, they should also contact the Court’s technology advisors to ensure that someone will be available during the scheduled time to assist with the set-up and use of any equipment, or any other technological issues that may arise. IT IS SO ORDERED. 6

=== Discovery Dispute Order ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION Case No. Plaintiff, -vs- JUDGE PAMELA A. BARKER Defendant. ORDER , , In the event of a discovery dispute, the parties shall comply with the requirements of Local Rule 37.1 before requesting the Court’s assistance. Specifically, if they have not already done so, counsel are directed to meet and confer regarding the dispute. The meet and confer must be conducted in person, by video conference, or by telephone conference. Email communications will never be sufficient to demonstrate a good faith effort to confer and resolve such a dispute. If counsel are unable to resolve the dispute through such consultation, the parties may then (and only then) file their respective Position Papers on the docket. In these Position Papers, the parties must: (1) certify that they have made a sincere, good faith effort to resolve the dispute; (2) attach as exhibits any emails or other written correspondence documenting counsel’s efforts to resolve the dispute prior to requesting Court assistance; and (3) attach as exhibits copies of the written discovery requests and responses at issue, as well as any other materials relevant to the dispute. Excluding exhibits, Positions Papers shall be no longer than five (5) pages in length. Unless specifically directed by the Court to do so, the parties may not file replies to the opposing side’s Position Paper. Lastly, counsel shall not call or email Chambers to request assistance regarding a discovery dispute. All communications with the Court regarding discovery issues shall be filed on the docket, as set forth above. IT IS SO ORDERED. s/Pamela A. Barker PAMELA A. BARKER U. S. DISTRICT JUDGE 2

=== Pro Se Case Management Scheduling Order ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO __________________, Case No. _____________ Plaintiff(s), -vs- JUDGE PAMELA A. BARKER _________________, Defendant(s). NOTICE OF CASE MANAGEMENT CONFERENCE All counsel and/or parties will take notice that the above-captioned action has been set for a Case Management Conference (“CMC”) on ____________ at _____________ a.m./p.m. before Judge Pamela A. Barker, Room 16A, Carl B. Stokes U.S. Courthouse, 801 W. Superior Avenue, Cleveland, Ohio 44113. Lead counsel and pro se parties must be present in person at the CMC 1. Track Assignment This case is subject to the provisions of Rule 16 of the Local Rules of the Northern District of Ohio entitled Differentiated Case Management (“DCM”). Counsel and the parties are expected to familiarize themselves with the Local Rules as well as with the Federal Rules of Civil Procedure. The Court shall evaluate this case in accordance with Rule 16 and assign it to one of the case management tracks described in L.R. 16(a)(2). Each of the tracks (expedited, standard, complex, mass tort, and administrative) has its own set of guidelines and time lines governing discovery practice, motion practice, and for trial. Discovery shall be guided by L.R. 26.1, et seq. Motion practice shall be guided by Local Rule 7.1, et seq. 2. Consent to Magistrate Judge Magistrate Judge _________ has been assigned to assist in this case. The parties are encouraged to discuss and consider consenting to the jurisdiction of the Magistrate Judge. 3. Preparation for CMC by Counsel The parties shall meet prior to the CMC to discuss the case and prepare a proposed discovery plan pursuant to Fed. R. Civ. P. 26(f). The Court places the burden of arranging this meeting on Plaintiff(s) if originally filed with this Court or, on counsel for Defendant(s) if removed. With the exception of certain cases enumerated in Fed. R. Civ. P. 26(a)(1)(B),1 the parties shall, at or within 14 days after the meeting and without awaiting a discovery request, provide the basic information to the other parties specified by Fed. R. Civ. P. 26(a)(1), (2), and (3). A Report of Parties’ Planning Meeting under Fed. R. Civ. P. 26(f) and Local Rule 16.3(b) (attached hereto as “Att. 1”) shall be filed with the Court at least five (5) working days before the CMC. Pursuant to Fed. R. Civ. P. 26(d), a party may not seek formal discovery from any source before the parties have met and conferred. 4. Filing of Discovery Materials Unless otherwise ordered by the Court, initial disclosures, discovery depositions, interrogatories, requests for documents, requests for admissions, answers and responses thereto shall not be filed with the Clerk’s Office, except that discovery materials may be filed as evidence in support of a motion or for use at trial. If a party intends to rely on deposition testimony in support of 1 The following categories of proceedings are exempt from the initial disclosure requirements of Rule 26(a)(1); (i) an action for review on an administrative record, including ERISA cases; (ii) a federal forfeiture action; (iii) a petition for habeas corpus; (iv) an action brought without an attorney by a person in the custody of the United States, a state, or a state subdivision; (v) an action to enforce or quash an administrative summons or subpoena; (vi) an action by the United States to recover benefit payments; (vii) an action by the United States to collect on a student loan guaranteed by the United States; (viii) a proceeding ancillary to a proceeding in another court; and (ix) an action to enforce an arbitration award. 2 its position on a motion, the Court prefers the filing of the entire deposition rather than excerpts, unless the party truly believes that excerpts are sufficient, and with the proviso that any other party who believes the excerpts offered are not sufficient is free to file the entire deposition. In any event, discovery and disclosure material submitted in support of any party’s position shall be filed at the same time as the party’s memorandum setting forth its position. 5. Electronic Filing This case is subject to mandatory electronic filing pursuant to Local Rule 5.1(c). Counsel are advised that all documents, notices and orders in this matter be filed electronically, except as provided for in the Electronic Filing Policies and Procedures Manual, a copy of which is available on the Court’s electronic case files web site at http://ecf.ohnd.uscourts.gov. Also, the Clerk’s Office has established an Electronic Filing Help Desk at 1-800-355-8498 to answer questions and provide assistance should difficulties arise. Plaintiff, as a pro se litigant, may register to receive a “read only” electronic filing account so that he/she may access documents in the system and receive electronic notice, but all his/her filings must be completed manually, as typically only registered attorneys, as Officers of the Court, are permitted to file electronically. Only counsel of record will be notified of court proceedings. Moreover, both counsel and pro se litigants have an affirmative duty to notify the Court of any change in address and/or other contact information. Counsel shall follow the instructions for updating contact information via the procedures set forth on this Court’s public website. See Attorney Registration Change of Name/Address instructions set forth at www.ohnd.uscourts.gov. Pro se litigants shall file a written notice of change of address with the Court. 3 6. Other Directives Parties shall submit a courtesy copy of all dispositive motions, oppositions and replies, along with all supporting material to Chambers. No party may file a motion for summary judgment prior to close of discovery without express leave of court. All summary judgment motions shall be in a single motion. Parties may not file multiple summary judgment motions without express leave of Court. In all cases in which it is anticipated that a party or parties will seek attorney’s fees pursuant to statutory or case-law authority, such party shall file with the Court at or prior to the CMC a preliminary estimate and/or budget of the amount of fees and expenses anticipated to be the subject of any such claim. It is the responsibility of Plaintiff to verify that a copy of this Order has been received by counsel for Defendant(s) or, if no counsel has entered an appearance for Defendant(s), has been received by Defendant(s). Any attorney desiring to practice in a case before this Court, whose name has not appeared on an initial pleading or motion, shall enter a written notice of appearance. Any parties proceeding pro se are expected to familiarize themselves with the Federal Rules of Civil Procedure and Local Civil Rules. In addition, pro se litigants are encouraged to review the Pro Se Information posted on this Court’s public website, including the “Guide for Pro Se Litigants” (attached as “Att. 2”). 7. Requests to Reschedule CMC or Excuse In-Person Attendance of Lead Counsel Any requests to reschedule the CMC and/or excuse the in-person attendance of lead counsel must be set forth in a written motion. Such motion must be filed no less than seven (7) days prior to 4 the CMC, absent extenuating circumstances. With regard to a motion to reschedule the CMC, the moving party (or parties, if it is a joint motion) must confer with opposing counsel and propose no less than three (3) alternative dates that are agreeable to all participants. Any request not complying with the above provisions will be denied. The Court will not entertain telephone calls or emails requesting that the CMC be rescheduled or that lead counsel be excused. 8. Resolution prior to the CMC In the event that this case is resolved prior to the CMC, counsel should submit a jointly signed stipulation of settlement or dismissal, or otherwise notify the Court that the same is forthcoming. During the course of this litigation, any questions or concerns regarding any aspect of this case should be directed to (216) 357-7240. IT IS SO ORDERED. 5

=== Pro Se Guide ===

REPRESENTING YOURSELF IN UNITED STATES DISTRICT COURT A Guide for Pro Se Litigants September 15, 2017 INTRODUCTION This manual has been prepared to help Pro Se litigants in pursuing their claims in the United States District Court for the Northern District of Ohio, which has courthouses in Akron, Cleveland, Toledo, and Youngstown. The manual summarizes proceedings before the District Court. It gives litigants a brief, but helpful guide in presenting their claims. Litigants must be careful to fully comply with the Federal Rules of Civil Procedure, the District Court=s Local Rules, and the pretrial and trial procedures of each individual Judge. The Federal and Local Rules are available on the court=s website at http://www.ohnd.uscourts.gov/home/rules-and-orders/. You can also find these rules in a law library or the Clerk=s Office. You must read and understand these rules and procedures to participate in the important work of the Court. TABLE OF CONTENTS I. INTRODUCTION .......................................................................................................................... 1 II. BASIC PROCEDURES ................................................................................................................. 1 III. GLOSSARY OF TERMS .............................................................................................................. 6 IV. SCHEDULE OF FEES ............................................................................................................... 12 V. WHAT HAPPENS AFTER YOU FILE SUIT IN FEDERAL DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO ....................................................................................... 12 VI. DO=s & DON=TS ......................................................................................................................... 13 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO CIVIL PRO SE MANUAL I. INTRODUCTION We intend this manual to help you in filing a civil action on your own behalf in the United States District Court for the Northern District of Ohio. This is called "Pro Se." We only intend this manual as a general guide. It does not replace the Federal Rules of Civil Procedure or the Local Rules of the District Court for the Northern District of Ohio. In addition, each Judge has pretrial and trial procedures that you need to be familiar with and follow. These procedures for each individual Judge are available from the Clerk=s Office and are typically provided to litigants at the time they file a case. This manual does not relieve you of your responsibility to comply with the Federal Rules of Civil Procedure, the Local Rules, and all other applicable rules. It is your responsibility to find and to know these rules if you choose to represent yourself in federal court. II. BASIC PROCEDURES This narrative describes the basic procedures you need to follow when you decide to bring a civil lawsuit in the United States District Court for the Northern District of Ohio on your own behalf ("Pro Se"). (Please note that only individuals may represent themselves Pro Se; an individual who is not an attorney may NOT represent a corporation, either as plaintiff or defendant). There are three bodies of rules and procedures controlling how your civil case must be filed and processed in the United States District Court for the Northern District of Ohio. One is called the Federal Rules of Civil Procedure (hereinafter the FRCP). Another is the Rules of the United States District Court for the Northern District of Ohio (hereinafter the Local Rules). The Federal and Local Rules are available on the court’s website at http://www.ohnd.uscourts.gov/home/rules-and-orders/. The Rules can also be found in law libraries. The last are the pretrial and trial procedures of each individual Judge assigned to your case. Before you formally proceed with filing a lawsuit, you must consider and remember two important things: first, you should seek legal counsel. Experienced legal counsel can greatly increase your chances of successfully proceeding with your lawsuit. You can call a city Bar Association that may be able to refer you to an attorney who would be willing to represent you without charge (this is known as "pro bono"). Second, the Court can sanction you (fines, attorneys= fees and costs, or disallow your pleadings), pursuant to Rule11 FRCP, if you file a "frivolous" lawsuit or motion, or if you fail to comply with court orders and rules. A complaint or motion is "frivolous" if it lacks any arguable basis in fact or law. You cannot file or proceed with a case that has any improper purpose, such as to harass or to cause unnecessary delay or needlessly increase the cost of litigation. 1 The formal proceedings of a lawsuit start with the filing of a "complaint" with the Clerk=s Office. Therefore, a "complaint" is the first document you file with the Court. When you file a complaint, you become the Plaintiff and the person you sue is the Defendant. A complaint may be brought against more than one Defendant. Generally speaking, a complaint should include (1) a statement of the Court’s jurisdiction over the Plaintiff and the Defendant or Defendants (the Court’s authority to hear and determine the case), and the subject matter (the facts of your case that support your claim); (2) a statement of claims or causes of action against the Defendant or Defendants (i.e., what the Defendant or Defendants did wrong to you); and (3) your request(s) for relief, such as money damages, injunction, or other action you want the Court to take. If you have multiple Defendants in your complaint, the title of your complaint must list all named Defendants. Please secure a model "Complaint" form from the Clerk=s Office. You must sign your complaint and the signature line must include your complete mailing address and telephone number. Forms used by all litigants and a sample complaint format can be obtained in the Clerk=s Office or you can go to http://www.ohnd.uscourts.gov/home/pro-se-information/. The District Court for the Northern District of Ohio is divided into two divisions. The Eastern Division includes counties in the eastern half of the state and the courthouses are in Akron, Cleveland, and Youngstown. The Western Division includes counties in the western half of the state and the courthouse is in Toledo. Actions brought against Defendants residing in certain counties must be filed in certain Courthouses. The Local Rules for the Northern District of Ohio specify the counties that correspond to the locations of the Courthouses, and the Local Rules should be consulted before filing any lawsuit. Please be aware that you must pay a filing fee when you file your complaint. The current filing fee for a complaint filed with the District Court can be found at http://www.ohnd.uscourts.gov/home/clerk-s-office-and-court-records/fee-schedule/. However, if you cannot afford to pay the fee, you must complete and file with the Clerk an "Application to Proceed in Forma Pauperis ("IFP). The IFP form can be found on the Court’s website at http://www.ohnd.uscourts.gov/home/pro-se-information/. This is different if you are a prisoner (see below). If your IFP application is denied, you must pay the filing fee in its full amount. The granting of your IFP application only means that you do not need to pay filing and service fees, but you still have to pay for any photocopying fees. If you are a prisoner, you must know that 28 U.S.C. ' 1915 requires a prisoner to pay the full filing fee when bringing certain civil actions or filing an appeal in forma pauperis. If there are insufficient funds in the prisoner=s account, the court must assess and, when funds do exist, collect an initial filing fee and monthly installments thereafter. The initial filing fee and monthly installments are calculated according to a formula set out in the statute. A prisoner seeking to proceed in forma pauperis must complete an application and must provide the Court with a copy of the prisoner=s trust fund account activity record, certified by the agency having custody of the prisoner. Once you have decided whether you are going to pay the filing fee or proceed with your application to proceed "IFP," you will want to assemble your paperwork for submission to the Clerk=s Office. When you appear at the Clerk=s Office, you will need to present the following: The filing fee or the Application to Proceed "IFP"; the Civil Cover sheet JS44, the Original Complaint with sufficient copies for the Court and for service; and your service of process paperwork. 2 The next step you take after filing your complaint is service of process of your complaint. The goal of service of process is to let the Defendant know that you are suing it. As to how to carry out service, if you have filed an "Application to Proceed in Forma Pauperis," and your application is approved, you are responsible for securing the service forms from the Clerk=s Office and providing sufficient copies of your complaint for service. Service forms are the AO 440 Summons, USM 285 Process Receipt and Return and AO 85 Notice of Availability of a Magistrate. If you are proceeding in Forma Pauperis, the following papers must be provided for each Defendant that is named in your complaint: 1. 2. 3. Exact copy of the complaint. Two summonses for each Defendant. The summons must include the address at which each such Defendant is to be served. One USM 285 Process Receipt and Return. If your suit involves the federal government or any of its agencies, the named Defendants, the local United States Attorney=s Office and the Attorney General of the United States in Washington, D.C. must all be served. The Clerk=s Office can supply these addresses. Service of a government agency requires additional summons forms, marshal forms, and copies of the complaint for the service upon the Agency and the Attorney General. The U.S. Marshal Service will execute the service forms and make a return to you and the Clerk=s Office when they have accomplished such service. If your Application to Proceed in Forma Pauperis has been denied and you have paid the filing fee, you should proceed according to the Federal Rules of Civil Procedure Rule 4 and Local Civil Rule 4.2. After receiving the service of your complaint, the Defendant must file either an answer to your complaint or a responsive motion. In its answer, the Defendant tells what the Defendant believes has happened. Under the FRCP, an answer must be filed within a given time. Usually, the deadline for filing an answer is twenty one (21) days after the Defendant was served with your complaint. But if the federal government is the Defendant, the deadline is sixty (60) days after the service. If the Defendant files a motion to dismiss your complaint, you will have a short period of time in which to file a written memorandum of law. Such memoranda are usually captioned as "Plaintiff=s Memorandum in Opposition to Defendant=s Motion to Dismiss." The Local Rules require that such memoranda must be filed within 30 days of service of the motion. Although the Clerk=s Office will accept for filing a memorandum that is handwritten, Judges usually find it easier to read memoranda that are typed. The Local Rules also set forth other memoranda requirements, such as: the size of the paper your memorandum is printed on (8 2 x 11); and the length of your memoranda. 3 This memorandum and anything you file with the Court must have at the end a certificate that you have served the document on the other parties’ lawyers or on the other parties if unrepresented. Remember to give the individual=s name, address where mailed or personally served, mailing date, and your signature within the Certificate of Service. After you file your opposition memorandum, the Defendant will file a Reply Memorandum. When the reply is filed, the briefing is finished, and you are prohibited by the Local Rules from submitting additional briefs unless you first obtain permission from the Court (what is known as "leave of Court"). The Court will then proceed to rule on the merits of the motion to dismiss. If the motion is denied, your case proceeds, and Defendant must file its answer. If the motion is granted, the Court may dismiss some or all of your claims. If all of your claims are dismissed, your case will be completed in District Court. You then have the option of considering whether to file an appeal challenging the dismissal. In some cases, the Court will ask to hear oral argument regarding a motion to dismiss. Usually, however, the Court will rule on a motion to dismiss without hearing oral arguments. Within 120 days after service of your complaint on the Defendant, a case management conference usually will be held with the Judicial Officer assigned to your case. Discovery issues will be discussed and resolved, formal discussion of possible settlement will occur, pretrial motions will be discussed, and a trial date will often be scheduled. The Judge will encourage the parties to seek settlement and is normally willing to meet again with them if it encourages settlement. If a settlement cannot be worked out at the scheduling conference, a formal trial will be scheduled to take place unless a motion to dismiss or for summary judgment is granted. A motion to dismiss a complaint may be granted for failure to state a claim upon which relief can be granted, failure to effect proper service of process, lack of venue or personal jurisdiction, lack of federal subject matter jurisdiction, or for failure to comply with court rules or orders; and summary judgment happens when the Judge considers it unnecessary to go through a trial because there is no dispute about the important facts of the case and the law provides that no relief is warranted. The next step is pretrial activities. The most important pretrial activity is probably "discovery." Discovery allows both you and the Defendant to have as much information as allowed under the rules before the Court has decided the case. The most common types of discovery tools are: Depositions, Interrogatories, Requests for Production of Documents, and Admissions (see Glossary of Terms section for their definitions). Discovery documents may not be filed with the clerk. There are two types of formal trials. One is a jury trial and the other is a bench trial or a trial before the Judge alone. In a jury trial, a group of people known as the jury (no fewer than six and no more than 12 people) is selected and sworn to decide the merits of your lawsuit under the Judge=s supervision and direction. If a jury trial has not been requested or the case cannot be tried by jury, a bench trial will be ordered. The Judge conducts a bench trial without a jury. The purpose of a trial is to let the jury or the Judge decide whether the evidence favors your position or favors the Defendant=s. If it favors you, you win; if it favors the Defendant, the Defendant wins. After the 4 jury or the Judge makes such a decision, a final judgment will be entered at the Court in the Clerk=s Office. If the parties agree, the trial can be heard before a Magistrate Judge. This could be beneficial in expediting your case to trial since Magistrate Judges cannot preside over criminal trials and, therefore, their trial schedules can provide more of a guaranteed date for your trial to begin. Throughout the trial and even after the trial, you may file various motions to ask from the Judge certain orders favorable to you. For example, you can make a motion for judgment as a matter of law, after you have presented all your evidence to the jury or the Judge, arguing you believe that there is only one possible verdict; namely, a verdict in your favor. If after a jury returns a verdict against you, and you believe the verdict is legally wrong, you can make a motion for judgment as a matter of law, asking the Judge to enter a judgment different from the jury=s verdict. Even if the Judge has entered a final judgment against you, you may still make a motion for a new trial within ten (10) days after the entry of an order if you feel there was error of law or fact, or new evidence is discovered. If you lose your case in the District Court, you can ask the Sixth Circuit Court of Appeals in Cincinnati to review the District Court’s decision. This process is called an appeal. You may appeal if you believe (1) that the Judge did not interpret the law correctly, or (2) that the Judge allowed the Defendant to present some evidence to the jury against the rules, or (3) that the trial Judge improperly prevented you from presenting your evidence, or (4) that the trial Judge erroneously did not give an instruction to the jury that you requested, or (5) that there was not enough evidence for the jury to find judgment as it did, or (6) in some instances for other grounds. A different set of rules controls the procedures for appeal. When you appeal to the Sixth Circuit Court of Appeals, you must follow the Federal Rules of Appellate Procedure (FRAP). Under those rules, you must file with the District Court a Notice of Appeal within thirty (30) days after the final order is entered and within sixty (60) days if the Defendant is the federal government. If you do not file within these time periods, your appeal may be dismissed. The filing fee for an appeal can be found at www.ohnd.uscourts.gov. Please secure a Notice of Appeal form from the Clerk=s Office. The form asks for very specific information that the Court of Appeals needs. The Sixth Circuit Court of Appeals, after reviewing the District Court’s decision, will either affirm (agree with the District Court) or reverse (disagree with the District Court) the decision. If you are not satisfied with the opinion of the Sixth Circuit Court of Appeals, you may ask that court for a reconsideration or for consideration by the larger panel of Sixth Circuit Judges (this is called "en banc"). Finally, you may petition the Supreme Court of the United States in Washington, D.C. to accept the case for review. However, it is up to the Supreme Court to decide whether it wants to review your case or not. Very few cases are taken for review. Once the Supreme Court has ruled on your case or denied your request for review, this is usually the end of your case. 5 III. GLOSSARY OF TERMS Admissible Evidence: the oral, written, or physical items of evidence that the Court allows to be introduced at trial to prove a case. Admission: a discovery (information gathering) tool by which one party to the lawsuit asks another party to admit or deny the truth of certain important facts. Affidavit: a written statement of facts signed under oath in the presence of a notary public. Answer: a responsive pleading filed by the Defendant to your lawsuit in response to your complaint. Appeal: a pleading request to a higher court to review the decision of a trial court after your trial. Appellate Court: a court that has the authority to review the decisions of lower courts. For example, the Sixth Circuit Court of Appeals is an appellate court. Arbitration: a way of dispute resolution, in which a neutral third party (arbitrator) hears from both sides to a dispute and makes a decision. Arbitration can avoid delay and high costs of settling a dispute in a court. Bench Trial: trial conducted before a Judge and without a jury. Brief: a written statement of the case, including important facts of the case, a statement of the questions of law involved, and the arguments and legal authorities relied upon. A brief is usually submitted in connection with an application, motion, trial, or appeal. Case Management Conference (CMC): a conference conducted by the Judicial Officer early in the case in which the issues are discussed, settlement and Alternative Dispute Resolution (AADR@) options are explored, deadlines for amending pleadings and completing discovery and motion practice are set, and future conferences and a trial date are scheduled. Cause: facts/evidence supporting claim(s) for relief. Cause(s) of Action: the fact(s) that give rise to a claim of relief against another party; they are stated in your complaint (lawsuit). Claim: the assertion you make in your complaint (lawsuit) of a right to property or money from the other party to the lawsuit. 6 Complaint: the first pleading filed with the Court (your lawsuit). It contains: (1) a statement of the Court’s jurisdiction over the parties, such as "diversity of citizenship" jurisdiction for federal courts (lawsuit between citizens of different states), and the subject matter (facts); (2) a statement of claims/causes of action against the Defendant(s); and (3)request(s) for relief, such as monetary damages. You can see examples of complaints at the Clerk=s Office. Consolidation of Actions: the act of combining several causes of action into one trial when the actions involve the same parties and substantially the same issues and defenses. Contempt of Court: an act or failure to act that the Court believes obstructs its administration of justice. A court has the power to punish by fine or imprisonment such contempt of its authority. Counterclaim: a claim/cause of action stated by the Defendant(s) against the Plaintiff(s), and is either contained in Defendant(s)= answer or is a separate pleading. Court Clerk: an officer of the Court who files pleadings, motions, judgments, etc., and keeps records of Court proceedings. Court Reporter: a person who records testimony at Court proceedings or depositions; transcripts of records are available to the parties upon payment of the Court reporter=s fee. Cross-claim: any claim stated in a pleading by one party against a co-party. Damages: monetary compensation sought or recovered in the Court by any person who has been injured by the action of another. Damages may be collected for personal injury, property damage, etc. Default Judgment: a judgment entered against the Defendant(s) for failure to file an answer or otherwise respond to the Plaintiff=s complaint. Defendant: the party in your complaint (lawsuit) against whom the claim/cause of action is brought. Defense: a denial or answer offered by the Defendant(s) to diminish or defeat Plaintiff=s cause(s) of action. Deposition: a method of discovery that allows a party to ask questions of a party opponent (such as the Defendant) or a witness under oath, and the questions and answers are recorded by a court reporter. Discovery: a process of obtaining information from a party opponent (such as the Defendant) before trial. Discovery includes Interrogatories, Requests for Production of Documents, Admissions, and Depositions. The purposes of discovery are to: (1) obtain and preserve information concerning the claims/causes of action; (2) clarify the factual and legal issues that are in dispute; and (3) obtain information that will lead to evidence admissible in court. 7 Dismissal: an order disposing of a motion or lawsuit without going through trial. Diversity of Citizenship: the basis of federal jurisdiction over cases between citizens of different states (such as when the Plaintiff is from Ohio and the Defendant is from Kentucky or Indiana), or between a citizen of a state and an alien (anyone who is not a citizen or national of the United States). Such jurisdiction exists only if the amount disputed by the parties is greater than $75,000. Docket: a formal record containing brief entries of all Court proceedings. Evidence: testimony, writings, or physical objects presented at the trial to prove or disapprove a certain point or fact. Expert Witness: a witness with special knowledge about a particular subject. Expert witnesses are usually used to help the jury understand difficult and technical subjects with which the average person is not familiar. Fact Finder: a person or a group of persons who determine the facts of a case. In a jury trial, the jurors are the fact-finders; in a bench-trial, the Judge is the fact-finder. Federal Courts: the courts of the United States, as distinguished from the courts of individual states. There are three levels of federal courts: the District Courts (such as the District Court for the Northern District of Ohio), the Courts of Appeals (such as the Sixth Circuit Court of Appeals in Cincinnati), and the Supreme Court in Washington, D.C. Federal Question Jurisdiction: the basis of federal jurisdiction over cases in which what is in dispute is the meaning or application of something in the Constitution of the United States (such as civil rights violation of privacy, etc.), federal statutes (such as employment discrimination cases brought under Title VII of the Civil Rights Act of 1964), or treaties. Federal Rules of Civil Procedure (FRCP): a set of procedural rules governing all civil actions in the U.S. District Courts. In addition to this body of rules, each District Court usually has its own local rules. For example, the District Court for the Northern District of Ohio has made its own rules: Rules of the United States District Court Northern District of Ohio. Finding: the decision reached by a Judge or jury on issues or facts. Forum: the place (site of Court) where a case is heard and determined. Harmless Error: any minor error committed during a trial that does not call for a reversal of the judgment of a trial Court by an appellate Court. In Forma Pauperis (IFP): a Latin phrase for "in the manner of a pauper." IFP allows a poor person to sue without paying court fees. You must apply for IFP, or have paid your filing fees, or your case will be dismissed. For civil cases brought in the District Court, if your application for IFP is granted, you do not have to pay for filing and service fees, but you still have to pay for photocopying fees. 8 Injunction: a court order prohibiting a party from doing a particular act or requiring a party to perform a particular act. You must apply for the issuance of an injunction and show sufficient cause. Interrogatories: a discovery tool of written questions used to obtain information about the case. They are served on a party opponent (such as the Defendant) and must be answered under oath. John/Jane Doe: a fictitious name used in legal proceedings to name a party before its real name is known; most complaints name as "Doe Defendants" corporations, partnerships, government entities, etc. Joint and Several Liability: liability owed to a third party by two or more parties collectively or individually. Joint Liability: liability shared by two or more parties. Judge: a public officer who presides and administers the law in a Court. Judgment: the determination of a Court or jury upon matters submitted to it. Jurisdiction: the authority of a Court to hear and determine a case. The authority of a Federal Court is found in the U.S. Constitution, United States Code, and the Federal Rules of Civil Procedure. Jury: a group of people selected and sworn to decide the merits of a lawsuit; a jury for civil trials consists of no fewer than six and no more than 12 members. Unless the parties otherwise stipulate, the verdict shall be unanimous. Magistrate Judge: a judicial officer of the federal district courts who usually hears motions and other pretrial matters and tries cases with the consent of the parties. Mediation: an informal process to resolve a dispute in which a neutral third party (mediator) helps the disputing parties in reaching an agreement. Motion: a pleading filed with the Court to obtain an order in favor of the moving party. A motion can be made before trial (such as a motion to dismiss). Party: a person who is either a Plaintiff or a Defendant in a case. Plaintiff: the person who brings the lawsuit and files the complaint. Pleading: a document that contains formal allegation(s) by the parties involved in a case concerning their claims or defenses, such as a complaint, an answer to a complaint, a motion, etc. 9 Peremptory Challenge (at jury selection before a trial): the right to prevent someone from becoming a juror without giving a reason. Each party to a lawsuit is usually entitled to a certain number of such challenges (three in civil cases) before having to give a reason to the Judge for any subsequent challenges. These challenges cannot be made for discriminatory purposes. Preponderance of the Evidence: a standard of proof that is met when the weight of the evidence favors the Plaintiff=s position rather than the Defendant=s. Pretrial Conference: meeting between the parties to a lawsuit presided over by a Magistrate Judge or a District Court Judge before trial to narrow the issues to be tried, discuss trial logistics and possible settlement, and resolve any other matters. Privileged Matter: confidential communications between persons in certain relationships, such as the attorney-client, doctor-patient, and priest-confessor. Such confidential communications are usually protected from discovery. Production of Documents: a discovery tool that enables a party to a lawsuit to inspect documents another party or nonparty has in its possession or control. Reasonable Person: a hypothetical person who exercises the same level of care or judgment as an ordinarily prudent and competent person would exercise under similar circumstances. This term is usually used to describe a standard of proof. Remand: after an appeal, when an appellate court such as the Sixth Circuit Court sends back a case to the trial court for further proceedings. Removal: the transfer of a case from one Court to another. Removal is usually done when the Plaintiff=s complaint is filed in the state court, but presents a basis for Federal Court jurisdiction, and the Defendant wants the lawsuit to be resolved in the federal court. Sanction: a penalty (fine or imprisonment) used to ensure compliance with the law, or with rules and court orders. Scheduling Conference: meeting of the attorneys and unrepresented parties before a Magistrate Judge or District Judge to discuss the merits of the case and possible settlement. At the end of such a conference, the Magistrate Judge or District Judge enters a Scheduling Conference Order that sets forth deadlines for many events, such as the discovery cut-off date, pre-trial motions cut-off date, trial date, etc. Service of Process: the required notification by personal delivery, mail, or publication of pleadings (such as complaints and motions) to a person who is involved in some action or proceeding. Settlement: a compromise or satisfaction between the opposing parties in a civil case before final judgment. A settlement ends the lawsuit. Standing: the right of a party to bring a claim/cause of action to the Court. This right arises when a party has been wronged. 10 Statute of Frauds: the statute (law) requiring that certain contracts, such as a contract for the sale of goods for the price of $500 or more, a contract for the sale of land, etc., be in writing to be enforceable. Statute of Limitation: any law that states the time by which the Plaintiff must bring an action or lose the right to do so, such as two years for tort actions, 15 years for contract disputes over a written document, etc. If you file a complaint after the statute runs, your case will be dismissed. Stipulation: an agreement between opposing parties in a case as to some relevant issues. Subpoena: a court order compelling a witness, under the threat of contempt, to appear and testify in Court or at a deposition. Subpoena Duces Tecum: a type of subpoena issued by a Court to require a witness to produce at a deposition or a trial certain specified documents, papers or items that are about the case and in the witness= possession or control. Summary Judgment: judgment rendered by the Court in response to a motion filed by a party who claims that there is no dispute about the important facts and the moving party is entitled to judgment in his or her favor as a matter of law, thus making it unnecessary to send the case to a jury or bench trial. Summons: a written notice accompanying a complaint (lawsuit), served on the Defendant, notifying that he or she is a party to a lawsuit or other Court action. Testimony: statements made by a witness or a party under oath at a trial or hearing in Court or at a deposition out of Court. Trial: an examination and determination before a Court of the issues and facts between parties to a lawsuit. U.S. District Courts: federal trial courts that have the power to hear and determine cases involving federal laws and/or actions between citizens of different states. Ohio is divided into two judicial districts: the Northern and Southern Districts of Ohio. Venue: the geographical location where the trial takes place. In the federal courts, the term means the district in which the lawsuit is brought. To decide the proper venue for civil cases, the Court usually considers where the action happened, or where the parties to the lawsuit live or do their business. Verdict: the decision or finding after trial made by a jury or a Judge. Voir Dire: an examination before a trial by the Court and/or the attorneys or parties of prospective jurors to determine their qualifications and suitability to serve as jurors. 11 With(out) Prejudice: when a lawsuit is dismissed with prejudice, that means the same lawsuit cannot be brought to a Court again; dismissal without prejudice, on the other hand, may allow the same lawsuit to be brought again. Work-Product: work done by an attorney while preparing for trial, which is usually not obtainable through discovery. IV. SCHEDULE OF FEES You can review the current fee schedule at www.ohnd.uscourts.gov V. WHAT HAPPENS AFTER YOU FILE SUIT IN FEDERAL DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO (1) The complaint must be properly served upon Defendant: within 120 days after filing. (2) (3) Answer the complaint: within 20 days after being served with the complaint; within 60 days if service has been waived or Defendant is U.S.; within 90 days if Defendant lives outside U.S. Amend pleading: any time before a responsive pleading is served; or within 20 days after the initial complaint is served if no responsive pleading is permitted and the case has not been scheduled for trial. (4) Answer amended pleading: within 10 days after service of the amended pleading or within the time remaining for response to the original pleading, whichever is longer. (5) Answer counterclaim or cross-claim: within 20 days after service. (6) (7) (8) All papers, after the complaint is filed, which are required to be served upon a party must be filed with the Court, together with a certification of service, within a reasonable time after service. File and serve opposition/reply papers for motions: opposition memorandum is due within 14 days after service of motion (or within 30 days for a dispositive motion), and reply is due 7 days after service of opposition papers (10 days for a dispositive motion). Oral hearings on motions generally are not held but can be requested. Scheduling Conference with Magistrate Judge or District Judge usually within 120 days after serving Defendant with your complaint. Discovery plan must be submitted, pretrial motions discussed, trial date scheduled, and formal settlement may be discussed. 12 (9) Service of discovery papers (Requests for Interrogatories, Production of Documents, and Admissions). (10) Response to discovery papers: within 30 days after service. (11) Motions cut off, discovery cut off, pretrial statement, final naming of witnesses, selection of trial date: as set forth in Scheduling Order. (12) Moving to amend the Court’s findings: within 10 days after entry of judgment. (13) Notice of Appeal: within 30 days after entry of final judgment or within 60 days if United States is a party. (14) Additional response time allowed for service by mail: three days are added to the prescribed period. (15) Requesting extension of time: before the period sought to be extended. VI. DO=s & DON=TS A. WHEN YOU GO TO THE CLERK=S OFFICE (1) You must present a photo ID to enter the courthouse. (2) No weapons allowed; no contraband or other illegal items. (3) Dress properly (be neat and clean). (4) Have your information/case organized. (5) Be polite and listen carefully to the Clerk. (6) Do not be afraid to ask questions; however, the Clerks cannot give you legal advice. (7) Follow the Clerk=s instructions; do not argue with the Court personnel. (8) Have your fees ready for payment. (You can pay by cash, money order or credit card.) 13 B. WHEN YOU ARE IN COURT (1) You must present a photo ID to enter the courthouse. (2) No weapons allowed; no contraband or other illegal items. (3) Dress properly (be neat and clean). (4) No gum chewing; no eating; no drinking; no reading newspapers and magazines; no sleeping; no loud talking. (5) When the Judge enters or leaves the courtroom, you must stand up. (6) Call the Judge "Your Honor"; speak clearly. (7) When talking to the Judge, be courteous, polite, and stand. (8) Be prepared with your argument; be organized. (9) When making your argument to the Court, make your point once (do not keep repeating yourself); stick to the issue (do not talk about unimportant things). (10 When it is not your turn, be quiet in the courtroom. (11) No cameras; no tape recorders; and no radios. 14

=== CMC Order Patent ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION __________________, Case No. _____________ Plaintiff(s), -vs- JUDGE PAMELA A. BARKER _________________, Defendant(s). NOTICE OF CASE MANAGEMENT CONFERENCE All counsel and/or parties will take notice that the above-captioned action has been set for a Case Management Conference (“CMC”) on ____________ at _____________ a.m./p.m. before Judge Pamela A. Barker, Room 16A, Carl B. Stokes U.S. Courthouse, 801 W. Superior Avenue, Cleveland, Ohio 44113. Lead counsel must be present in person at the CMC. 1. Track Assignment This case is subject to the provisions of Rule 16 of the Local Rules of the Northern District of Ohio entitled Differentiated Case Management (“DCM”). Counsel and/or the parties are expected to familiarize themselves with the Local Rules as well as with the Federal Rules of Civil Procedure. The Court shall evaluate this case in accordance with Rule 16 and assign it to one of the case management tracks described in L.R. 16(a)(2). Each of the tracks (expedited, standard, complex, mass tort, and administrative) has its own set of guidelines and time lines governing discovery practice, motion practice, and for trial. The Local Patent Rules will apply to this case. 2. Consent to Magistrate Judge Magistrate Judge _________ has been assigned to assist in this case. The parties are encouraged to discuss and consider consenting to the jurisdiction of the Magistrate Judge. 3. Preparation for CMC by Counsel The parties shall meet prior to the CMC to discuss the case and prepare a proposed discovery plan pursuant to Fed. R. Civ. P. 26(f). The Court places the burden of arranging this meeting on counsel for Plaintiff(s) if originally filed with this Court or, on counsel for Defendant(s) if removed. With the exception of certain cases enumerated in Fed. R. Civ. P. 26(a)(1)(B),1 the parties shall, at or within 14 days after the meeting and without awaiting a discovery request, provide the basic information to the other parties specified by Fed. R. Civ. P. 26(a)(1), (2), and (3). A Report of Parties’ Planning Meeting under Fed. R. Civ. P. 26(f) and Local Patent Rule 2.1 (attached hereto as “Att. 1”) shall be filed with the Court at least five (5) working days before the CMC. Pursuant to Fed. R. Civ. P. 26(d), a party may not seek formal discovery from any source before the parties have met and conferred. 4. Filing of Discovery Materials Unless otherwise ordered by the Court, initial disclosures, discovery depositions, interrogatories, requests for documents, requests for admissions, answers and responses thereto shall not be filed with the Clerk’s Office, except that discovery materials may be filed as evidence in support of a motion or for use at trial. If a party intends to rely on deposition testimony in support of 1 The following categories of proceedings are exempt from the initial disclosure requirements of Rule 26(a)(1); (i) an action for review on an administrative record, including ERISA cases; (ii) a federal forfeiture action; (iii) a petition for habeas corpus; (iv) an action brought without an attorney by a person in the custody of the United States, a state, or a state subdivision; (v) an action to enforce or quash an administrative summons or subpoena; (vi) an action by the United States to recover benefit payments; (vii) an action by the United States to collect on a student loan guaranteed by the United States; (viii) a proceeding ancillary to a proceeding in another court; and (ix) an action to enforce an arbitration award. 2 its position on a motion, the Court prefers the filing of the entire deposition rather than excerpts, unless the party truly believes that excerpts are sufficient, and with the proviso that any other party who believes the excerpts offered are not sufficient is free to file the entire deposition. In any event, discovery and disclosure material submitted in support of any party’s position shall be filed at the same time as the party’s memorandum setting forth its position. 5. Electronic Filing Electronic filing is mandatory in the Northern District of Ohio. Counsel are advised that all documents, notices and orders in this matter be filed electronically, except as provided for in the Electronic Filing Policies and Procedures Manual, a copy of which is available on the Court’s electronic case files web site at http://ecf.ohnd.uscourts.gov. Also, the Clerk’s Office has established an Electronic Filing Help Desk at 1-800-355-8498 to answer questions and provide assistance should difficulties arise. 6. Other Directives Parties shall submit a courtesy copy of all briefing and dispositive motions, oppositions and replies, along with all supporting material to Chambers. No party may file a motion for summary judgment prior to close of discovery without express leave of court. All summary judgment motions shall be in a single motion. Parties may not file multiple summary judgment motions without express leave of Court. In all cases in which it is anticipated that a party or parties will seek attorney’s fees pursuant to statutory or case-law authority, such party shall file with the Court at or prior to the CMC a preliminary estimate and/or budget of the amount of fees and expenses anticipated to be the subject of any such claim. 3 It is the responsibility of counsel for the Plaintiff to verify that a copy of this Order has been received by counsel for Defendant(s) or, if no counsel has entered an appearance for Defendant(s), has been received by Defendant(s). Any attorney desiring to practice in a case before this Court, whose name has not appeared on an initial pleading or motion, shall enter a written notice of appearance. 7. Requests to Reschedule CMC or Excuse In-Person Attendance of Lead Counsel Any requests to reschedule the CMC and/or excuse the in-person attendance of lead counsel must be set forth in a written motion. Such motion must be filed no less than seven (7) days prior to the CMC, absent extenuating circumstances. With regard to a motion to reschedule the CMC, the moving party (or parties, if it is a joint motion) must confer with opposing counsel and propose no less than three (3) alternative dates that are agreeable to all participants. Any request not complying with the above provisions will be denied. The Court will not entertain telephone calls or emails requesting that the CMC be rescheduled or that lead counsel be excused. 8. Resolution prior to the CMC In the event that this case is resolved prior to the CMC, counsel should submit a jointly signed stipulation of settlement or dismissal, or otherwise notify the Court that the same is forthcoming. During the course of this litigation, any questions or concerns regarding any aspect of this case should be directed to (216) 357-7240. IT IS SO ORDERED. Date: -------, 2019 PAMELA A. BARKER U. S. DISTRICT JUDGE 4

=== CMC Scheduling Order Patent ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO __________________, Case No. _____________ Plaintiff(s), -vs- JUDGE PAMELA A. BARKER _________________, Defendant(s). NOTICE OF CASE MANAGEMENT CONFERENCE All counsel and/or parties will take notice that the above-captioned action has been set for a Case Management Conference (“CMC”) on ____________ at _____________ a.m./p.m. before Judge Pamela A. Barker, Room 16A, Carl B. Stokes U.S. Courthouse, 801 W. Superior Avenue, Cleveland, Ohio 44113. Lead counsel must be present in person at the CMC. 1. Track Assignment This case is subject to the provisions of Rule 16 of the Local Rules of the Northern District of Ohio entitled Differentiated Case Management (“DCM”). Counsel and/or the parties are expected to familiarize themselves with the Local Rules as well as with the Federal Rules of Civil Procedure. The Court shall evaluate this case in accordance with Rule 16 and assign it to one of the case management tracks described in L.R. 16(a)(2). Each of the tracks (expedited, standard, complex, mass tort, and administrative) has its own set of guidelines and time lines governing discovery practice, motion practice, and for trial. The Local Patent Rules will apply to this case. 2. Consent to Magistrate Judge Magistrate Judge _________ has been assigned to assist in this case. The parties are encouraged to discuss and consider consenting to the jurisdiction of the Magistrate Judge. 3. Preparation for CMC by Counsel The parties shall meet prior to the CMC to discuss the case and prepare a proposed discovery plan pursuant to Fed. R. Civ. P. 26(f). The Court places the burden of arranging this meeting on counsel for Plaintiff(s) if originally filed with this Court or, on counsel for Defendant(s) if removed. With the exception of certain cases enumerated in Fed. R. Civ. P. 26(a)(1)(B),1 the parties shall, at or within 14 days after the meeting and without awaiting a discovery request, provide the basic information to the other parties specified by Fed. R. Civ. P. 26(a)(1), (2), and (3). A Report of Parties’ Planning Meeting under Fed. R. Civ. P. 26(f) and Local Patent Rule 2.1 (attached hereto as “Att. 1”) shall be filed with the Court at least five (5) working days before the CMC. Pursuant to Fed. R. Civ. P. 26(d), a party may not seek formal discovery from any source before the parties have met and conferred. 4. Filing of Discovery Materials Unless otherwise ordered by the Court, initial disclosures, discovery depositions, interrogatories, requests for documents, requests for admissions, answers and responses thereto shall not be filed with the Clerk’s Office, except that discovery materials may be filed as evidence in support of a motion or for use at trial. If a party intends to rely on deposition testimony in support of its position on a motion, the Court prefers the filing of the entire deposition rather than excerpts, unless the party truly believes that excerpts are sufficient, and with the proviso that any other party 1 The following categories of proceedings are exempt from the initial disclosure requirements of Rule 26(a)(1); (i) an action for review on an administrative record, including ERISA cases; (ii) a federal forfeiture action; (iii) a petition for habeas corpus; (iv) an action brought without an attorney by a person in the custody of the United States, a state, or a state subdivision; (v) an action to enforce or quash an administrative summons or subpoena; (vi) an action by the United States to recover benefit payments; (vii) an action by the United States to collect on a student loan guaranteed by the United States; (viii) a proceeding ancillary to a proceeding in another court; and (ix) an action to enforce an arbitration award. 2 who believes the excerpts offered are not sufficient is free to file the entire deposition. In any event, discovery and disclosure material submitted in support of any party’s position shall be filed at the same time as the party’s memorandum setting forth its position. 5. Electronic Filing Electronic filing is mandatory in the Northern District of Ohio. Counsel are advised that all documents, notices and orders in this matter be filed electronically, except as provided for in the Electronic Filing Policies and Procedures Manual, a copy of which is available on the Court’s electronic case files web site at http://ecf.ohnd.uscourts.gov. Also, the Clerk’s Office has established an Electronic Filing Help Desk at 1-800-355-8498 to answer questions and provide assistance should difficulties arise. 6. Other Directives Parties shall submit a courtesy copy of all briefing and dispositive motions, oppositions and replies, along with all supporting material to Chambers. No party may file a motion for summary judgment prior to close of discovery without express leave of court. All summary judgment motions shall be in a single motion. Parties may not file multiple summary judgment motions without express leave of Court. In all cases in which it is anticipated that a party or parties will seek attorney’s fees pursuant to statutory or case-law authority, such party shall file with the Court at or prior to the CMC a preliminary estimate and/or budget of the amount of fees and expenses anticipated to be the subject of any such claim. 3 It is the responsibility of counsel for the Plaintiff to verify that a copy of this Order has been received by counsel for Defendant(s) or, if no counsel has entered an appearance for Defendant(s), has been received by Defendant(s). Any attorney desiring to practice in a case before this Court, whose name has not appeared on an initial pleading or motion, shall enter a written notice of appearance. 7. Requests to Reschedule CMC or Excuse In-Person Attendance of Lead Counsel Any requests to reschedule the CMC and/or excuse the in-person attendance of lead counsel must be set forth in a written motion. Such motion must be filed no less than seven (7) days prior to the CMC, absent extenuating circumstances. With regard to a motion to reschedule the CMC, the moving party (or parties, if it is a joint motion) must confer with opposing counsel and propose no less than three (3) alternative dates that are agreeable to all participants. Any request not complying with the above provisions will be denied. The Court will not entertain telephone calls or emails requesting that the CMC be rescheduled or that lead counsel be excused. 8. Resolution prior to the CMC In the event that this case is resolved prior to the CMC, counsel should submit a jointly signed stipulation of settlement or dismissal, or otherwise notify the Court that the same is forthcoming. During the course of this litigation, any questions or concerns regarding any aspect of this case should be directed to (216) 357-7240. IT IS SO ORDERED. 4

=== Report of Parties' Planning Meeting Patent Rules Appendix B ===

Local Patent Rules - Northern District of Ohio Appendix B -- Report of Parties’ Planning Meeting in Patent Cases UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO DIVISION v. Plaintiff, Defendant. CASE NO. JUDGE Report of Parties’ Planning Meeting Under Fed. R.Civ.P.26(F), LR16.3(b)(3) and LPR 2.1 1. Pursuant to Fed. R.Civ. P. 26(f), LR 16.3(b)(3) and LPR 2.1, a meeting was held on [MM/DD/YYYY] and was attended by: counsel for plaintiff(s) counsel for plaintiff(s) counsel for defendant(s) counsel for defendant(s) 2. 3. The parties do/do not consent to the jurisdiction of the United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). Scheduling a. Proposed Schedule: [Counsel shall include dates for all disclosures required by the Local Patent Rules for the Northern District of Ohio to the extent such disclosures have not already been made.] b. If the parties are advocating a departure from the dates set forth in the Patent Local Rules, set forth the basis for said departure: 4. Anticipated Motions a. The parties anticipate filing the following motions: Local Patent Rules - Northern District of Ohio i. __Preliminary injunction. Proposed briefing schedule: ii. __ Motion to add or substitute parties. Proposed briefing schedule: iii. __ [Other]. Proposed briefing schedule: b. The following issues may be the proper subject of an early motion for summary judgment or partial summary adjudication: i. __ Inventorship or Indefiniteness (describe basis) ii. __ Invalidating sale, offer for sale, or display (describe basis) iii. __ Other (describe basis) 5. Nature of Dispute a. b. c. d. e. f. Describe the field of the claimed invention: Claims asserted: The parties anticipate requesting that the Court construe Describe the allegedly infringing activity or product: claim terms. Describe any potentially non-infringing alternative designs : The parties have/have not stipulated that the above-described designs do not infringe the patents in issue. 6. Discovery a. If the parties anticipate needing to propound interrogatories and/or take depositions in excess of the number provided in the Federal Rules of Civil Procedure, set forth the proposed limit and basis for the request: Local Patent Rules - Northern District of Ohio b. c. The parties have/have not agreed to an electronic discovery plan. Absent agreement by the parties, the default standard for e-discovery set forth in Appendix K to the Local Rules applies. The parties anticipate the following discovery issues: 7. Protective Order a. b. c. The parties have/have not agreed to the form Patent Protective Order set forth in Appendix C to the Local Patent Rules. The parties do/do not plan to submit an alternative proposed protective order for adoption by the Court. Identify any issues the Court should be aware of with respect to the confidentiality concerns of the parties: 8. Claim Construction Hearing. The parties propose the following format for the Claim Construction Hearing: a. b. c. Order of presentation: Anticipated number of witnesses: Anticipated length of hearing: 9. 10. The parties have/have not consented, pursuant to Fed. R.Civ. P. 5(b)(2)(E), to the electronic exchange of pleadings, notices, discovery, and other mandated disclosures not otherwise served electronically via the Court’s electronic filing system. The parties have/have not discussed settlement and the appropriateness of Alternative Dispute Resolution. 11. Recommended date for Status Hearing: ____________________ Dated: , 20 Respectfully submitted, _______________________________ Attorney for Plaintiff(s) _______________________________ Attorney for Defendant(s)

=== CMC Scheduling Order ERISA ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO __________________, Case No. _____________ Plaintiff(s), -vs- JUDGE PAMELA A. BARKER _________________, Defendant(s). NOTICE OF CASE MANAGEMENT CONFERENCE All counsel and/or parties will take notice that the above-captioned action has been set for a Case Management Conference (“CMC”) on ____________ at _____________ a.m./p.m. before Judge Pamela A. Barker, Room 16A, Carl B. Stokes U.S. Courthouse, 801 W. Superior Avenue, Cleveland, Ohio 44113. Lead counsel must be present in person at the CMC. 1. Track Assignment This case is subject to the provisions of Rule 16 of the Local Rules of the Northern District of Ohio entitled Differentiated Case Management (“DCM”). Counsel and/or the parties are expected to familiarize themselves with the Local Rules as well as with the Federal Rules of Civil Procedure. The Court shall evaluate this case in accordance with Rule 16 and assign it to one of the case management tracks described in L.R. 16(a)(2). Each of the tracks (expedited, standard, complex, mass tort, and administrative) has its own set of guidelines and time lines governing discovery practice, motion practice, and for trial. 2. Consent to Magistrate Judge Magistrate Judge _________ has been assigned to assist in this case. The parties are encouraged to discuss and consider consenting to the jurisdiction of the Magistrate Judge. 3. Preparation for CMC by Counsel This is an ERISA (Employee Retirement Income Security Act of 1974) case and, as such, is not subject to disclosures. See Fed. R. Civ. P. 26(a)(1)(B). Counsel shall instead familiarize themselves with the procedure set forth in Wilkins v. Baptist Healthcare System, Inc., 150 F.3d 609, 619 (6th Cir. 1998) (Gilman, J., concurring). The parties shall meet prior to the CMC to discuss the case and prepare a proposed briefing schedule pursuant to Fed. R. Civ. P. 26(f). The Court places the burden of arranging this meeting on counsel for Plaintiff(s) if originally filed with this Court or, on counsel for Defendant(s) if removed. A Report of Parties’ Planning Meeting under Fed. R. Civ. P. 26(f) and Local Rule 16.3(b) (attached hereto as “Att. 1”) shall be filed with the Court at least five (5) working days before the CMC. 4. Electronic Filing Electronic filing is mandatory in the Northern District of Ohio. Counsel are advised that all documents, notices and orders in this matter be filed electronically, except as provided for in the Electronic Filing Policies and Procedures Manual, a copy of which is available on the Court’s electronic case files web site at http://ecf.ohnd.uscourts.gov. Also, the Clerk’s Office has established an Electronic Filing Help Desk at 1-800-355-8498 to answer questions and provide assistance should difficulties arise. 5. Other Directives Parties shall submit a courtesy copy of all briefing and/or dispositive motions, oppositions and replies, along with all supporting material to Chambers. 2 In all cases in which it is anticipated that a party or parties will seek attorney’s fees pursuant to statutory or case-law authority, such party shall file with the Court at or prior to the CMC a preliminary estimate and/or budget of the amount of fees and expenses anticipated to be the subject of any such claim. It is the responsibility of counsel for the Plaintiff to verify that a copy of this Order has been received by counsel for Defendant(s) or, if no counsel has entered an appearance for Defendant(s), has been received by Defendant(s). Any attorney desiring to practice in a case before this Court, whose name has not appeared on an initial pleading or motion, shall enter a written notice of appearance. 7. Requests to Reschedule CMC or Excuse In-Person Attendance of Lead Counsel Any requests to reschedule the CMC and/or excuse the in-person attendance of lead counsel must be set forth in a written motion. Such motion must be filed no less than seven (7) days prior to the CMC, absent extenuating circumstances. With regard to a motion to reschedule the CMC, the moving party (or parties, if it is a joint motion) must confer with opposing counsel and propose no less than three (3) alternative dates that are agreeable to all participants. Any request not complying with the above provisions will be denied. The Court will not entertain telephone calls or emails requesting that the CMC be rescheduled or that lead counsel be excused. 8. Resolution prior to the CMC In the event that this case is resolved prior to the CMC, counsel should submit a jointly signed stipulation of settlement or dismissal, or otherwise notify the Court that the same is forthcoming. During the course of this litigation, any questions or concerns regarding any aspect of this case should be directed to (216) 357-7240. 3 IT IS SO ORDERED. 4

=== CMC Order ERISA ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION __________________, Case No. _____________ Plaintiff(s), -vs- JUDGE PAMELA A. BARKER _________________, Defendant(s). CASE MANAGEMENTCONFERENCE ORDER A Case Management Conference (“CMC”) was held in this matter on ____________. The parties and counsel of record agreed to the following, and IT IS ORDERED that: 1. This case is assigned to the [expedited, standard, complex, administrative, mass tort] track. 2. This case was referred to Alternative Dispute Resolution (“ADR”): Yes________ No ________ Decision delayed __________ If yes, by the following ADR process: Early Neutral Evaluation ______ Mediation _______ Arbitration ________ Summary Jury Trial _________ Summary Bench Trial _________ 3. The parties do/do not consent to the jurisdiction of a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c) at this time. 4. The pleadings shall be amended without leave of Court and new parties shall be joined on or before ________. 5. The parties will exchange documents that constitute the administrative record on or before _______. 6. The parties do/do not intend to file motion(s) seeking leave to conduct discovery. If so, the parties recommend the following briefing schedule: ______________________. 7. The parties will file opening briefs by no later than _______. Each party will then be entitled to file a reply brief by _________. All other matters will be postponed pending the Court’s resolution of the coverage question. 8. A [telephonic/in-person] status conference with lead counsel is set for _______ at _________ a.m/p.m. Counsel shall confer within five (5) business days of the scheduled conference to discuss outstanding issues and respective positions as to settlement. Counsel shall provide to the Court within three (3) business days of the conference, a joint Status Report or confidential individual Status Reports describing the status of discovery, settlement positions, and issues to be addressed. The Status Reports need not be filed, but may be delivered via email to [email protected] 9. A Settlement Conference is set for __________ at _________ a.m./p.m. in Room 16A. Parties and lead counsel must appear in person unless otherwise ordered by the Court. “Parties” means the named individuals or, in the case of a corporation or similar legal entity, a person with knowledge of the facts who has full settlement authority. In addition, if there is insurance that arguably covers a party’s claim(s), an insurance representative with settlement authority shall also attend the Settlement Conference. If the presence of a party, lead counsel, or insurance representative will constitute an undue hardship, a written motion to excuse the presence of such person must be filed seven (7) days prior to the Settlement Conference. Within five (5) days of the Settlement Conference, each party shall submit to the Court confidential Settlement Statement that includes the current status of any and all settlement 2 negotiations, a summary of the parties’ respective positions, and an outline of factual and damage allegations. The parties’ Settlement Statements shall not filed with the Clerk, but shall be emailed to Chambers at [email protected]. Unless requested by all parties, copies of the Settlement Statements shall not be provided to the other parties in the case. IT IS SO ORDERED. Date: -------, 2021 PAMELA A. BARKER U. S. DISTRICT JUDGE 3

=== ERISA Report of Party Planning ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION Case No. Plaintiff, -vs- JUDGE PAMELA A. BARKER Defendants REPORT OF PARTIES’ PLANNING MEETING UNDER FED. R. CIV. P. 26(f) AND LR 16.3(b)(3) , , 1. Pursuant to Fed. R. Civ. P. 26(f) and LR 16.3(b)(3), a meeting was held on ___________ and was attended by: ______________________counsel for plaintiff(s) ______________________ ______________________counsel for plaintiff(s) _______________________ ______________________ counsel for defendant(s) ______________________ ______________________ counsel for defendant(s) _______________________ 2. The parties: ________ have exchanged the pre-discovery disclosures required by Fed. R. Civ. P. 26(a)(1); ________ will exchange such disclosures by _________: ________ have not been required to make initial disclosures. 3. The parties recommend the following track: _______ Expedited _________Standard __________ Complex _______ Administrative __________ Mass Tort 4. This case is suitable for one or more of the following Alternative Dispute Resolution (“ASD”) mechanisms: _______ Early Neutral Evaluation ___________ Mediation __________ Arbitration _______ Summary Jury Trial ___________ Summary Bench Trial _______ Case not suitable for ADR 5. The parties ___ do/____ do not consent to the jurisdiction of the United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). 6. Recommended date for amending pleadings and/or adding additional parties: __________. 7. Recommended date for exchanging documents that constitute the administrative record: ___________. 8. The parties ____ do/______ do not intend to file motion(s) seeking leave to conduct discovery. If so, the parties recommend the following briefing schedule: ______________________. 9. Recommended briefing schedule for merits briefs: __________________________. 10. Recommended date for Status Hearing: ____________________________. 2 11. Recommended date for Settlement Conference: _________________________. 12. Other matters for the attention of the Court: ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ __________________________________________ Attorney for Plaintiff(s) _____________________ __________________________________________ Attorney for Plaintiff(s) _____________________ __________________________________________ Attorney for Defendant(s) ___________________ __________________________________________ Attorney for Defendant(s) ____________________ ___________________________________________ 3 IT IS SO ORDERED. Date: March 1, 2021 s/Pamela A. Barker PAMELA A. BARKER U. S. DISTRICT JUDGE 4