Trial Time Order; Civil Trial Order; Criminal Trial Order; Electronic Case Filing E-Mail Order; Electronic Case Filing Initial Order; Trial Order Track Assignment; Case Management Conference Scheduling Order; Expert ID Order

Hon. James S. Gwin · U.S. District Court for the Northern District of Ohio

Role: District Judge

Bluebook Citation: Hon. James S. Gwin, Trial Time Order; Civil Trial Order; Criminal Trial Order; Electronic Case Filing E-Mail Order; Electronic Case Filing Initial Order; Trial Order Track Assignment; Case Management Conference Scheduling Order; Expert ID Order, U.S. District Court for the Northern District of Ohio

Judge Profile: Hon. James S. Gwin profile and standing orders

=== Trial Time Order ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO KEYBOARD(CASE CAPTION / ORDER) This case is before this Court for trial. The Court now sets out an order indicating how the trial will proceed. I. Allocation of Time for Testimony. The Court allocates to plaintiffs and defendant KEYBOARD(# OF MINUTES ) minutes each for the presentation of their respective cases. The voir dire will not count against this total. II. Interim Argument. The Court is of the view that interim argument is very helpful to juries in long and complex cases. This case fits that category. Consequently, each side will be permitted to present “interim argument” during the trial on the following basis. The argument may not exceed two minutes. When one side presents interim argument, the other side may, but is not required to, offer “interim argument” after the other side’s presentation with the same two-minute limit. Interim argument may only be presented after a witness has completed testimony. Time used in interim argument will not count against the time limits. -1- III. Opening Statements. The Court allocates not more than 30 minutes to the parties for opening statements. For additional time, the parties must seek approval of the Court. The Court will postpone a decision on the allocation of time for closing argument until the close of the testimony. IV. Modification of Time The Court will entertain oral motions for additional time. Such motions should be made not sooner than halfway through the allotted time. The Court will be strongly influenced by how a moving party has used its time to date. V. Length of the Trial Day. The impanelment of the jury will commence at 8:00 a.m., on KEYBOARD( DATE OF JURY IMPANELMENT). On the following days, the Court will commence the trial at 8:00 a.m. The recess at noon will be for 30-40 minutes. The Court will recess from 4:00 to 5:00 p.m., depending on the situation as to other matters that the Court might need to consider. VI. Size of the Jury. The Court will impanel a jury of eight given the anticipated length of the trial. IT IS SO ORDERED. Dated: KEYBOARD(date) _s/ James S. Gwin________________ JAMES S. GWIN UNITED STATES DISTRICT JUDGE -2-

=== Civil Trial Order ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION KEYBOARD(caption) I. TRACK ASSIGNMENT Upon consideration of the Local Rules for the United States District Court for the Northern District of Ohio, the Court assigns this matter to the Standard Track. Accordingly, the Court sets forth the following deadlines: (1) Deadline to Add Parties or Amend Pleadings: KEYBOARD(date) (2) Deadline for Completing Discovery Needed to Support or Defend Dispositive Motions: KEYBOARD(date) (3) Deadline for Filing Dispositive Motions: KEYBOARD(date) (4) Deadline for Filing Opposition to Dispositive Motions: KEYBOARD(date) (5) Deadline for Filing Replies to Responses: KEYBOARD(date) (6) Deadline for All Discovery: KEYBOARD(date) II. MOTIONS PRACTICE All motions and related documents filed with the Court must comply with the Local Rules for the United States District Court for the Northern District of Ohio. The Local Rules place limitations on the length of memoranda relating to dispositive motions. Specifically, such memoranda shall not exceed ten (10) pages in length for cases on the Expedited Track, twenty (20) pages for cases on the Standard Track or Administrative Track, thirty (30) pages for cases on the Complex Track, and -1- forty (40) pages for cases on the Mass Tort Track. Parties must submit an affidavit along with such memoranda specifying the assigned case track and certifying that the memorandum adheres to the applicable page limitation. The Court will not increase the page limitation except in extraordinary circumstances. Further, motions, related memoranda, and all other documents submitted to the Court shall only include text produced in twelve (12) point font. Finally, portions of any record used to support or oppose any motion (e.g., deposition transcripts) shall be excerpted and submitted in that form. Parties shall submit that portion relevant to the issue in question and not more than two (2) pages in addition to establish context. However, if the parties have the capability of electronically filing records or transcripts, they may file such documents in their entirety along with the motion. Parties must consult the Electronic Filing Policies and Procedures Manual to determine whether a particular document is suitable for electronic filing. III. FILING OF MOTIONS TO DISMISS AND SUMMARY JUDGMENT The Court requires defendants to file an answer to the complaint regardless of whether they have filed or plan to file a motion to dismiss. The filing of a motion to dismiss shall not delay the time in which the party must answer the complaint. Should a party file a motion for summary judgment, this Court encourages the party to file the motion on or as close to the dispositive motion deadline as possible. Counsel may only file one summary judgment motion. Counsel must seek leave of this -2- Court if he or she wishes to file any additional or supplemental motions. The Court will grant a motion for subsequent motions only in very rare circumstances. IV. PRE-TRIAL AND STATUS CONFERENCE A final pre-trial conference will take place on KEYBOARD(date/time/place). A status conference will take place on KEYBOARD(date/time/place). The following persons must attend both the status conference and the final pretrial: (1) all parties, (2) lead counsel, and (3) a representative with final authority for settlement purposes. "Parties" means either the named individuals or, in the case of a corporation or similar legal entity, that person who is most familiar with the actual facts of the case. "Party" does not mean in-house counsel or someone who merely has settlement authority. "Final authority" means the actual ability to settle, without further consultation, for an amount up to plaintiff's prayer for relief. If plaintiff has not specified a prayer for relief, or plaintiff has specified equitable relief, "final authority" means the final decision-maker with unlimited authority to settle without further consultation. In the event a representative with final authority is unable to attend in-person, counsel must file a motion, showing good cause, more than 48 hours before the scheduled conference. Counsel shall meet at least ten (10) days prior to the pre-trial conference to determine whether they can enter into stipulations relative to any facts or issues. Parties must electronically file a joint stipulation and order at least three (3) days prior to the date of the pre-trial conference. The form of this order is attached hereto as Appendix A. V. TRIAL A. General -3- The Court has set this matter for trial on a two-week standby period beginning on KEYBOARD(date/time/place). Counsel must keep in regular contact with Gwen Mackey, the Courtroom Deputy Clerk, to determine the exact starting date for the trial. Counsel may reach Ms. Mackey at (216) 357-7217. The trial day will begin promptly at 8:00 a.m. and will conclude at approximately 5:00 p.m. During each trial day, the Court will adjourn for lunch for approximately thirty (30) minutes. B. Interim Arguments The Court finds that interim arguments often prove helpful to the finder of fact. Accordingly, the Court will usually permit each side to present such arguments during the trial. However, neither side is required to present interim arguments. An interim argument serves to provide some explanation as to how a witness's testimony relates to the party's case as a whole. Such an argument occurs only after the witness has completed testimony and may only deal with the testimony of that witness. The Court will set time limits for interim arguments. C. Witnesses and Exhibits Counsel shall file witness lists (Appendix C) along with the final pre-trial order (Appendix A) three (3) days prior to the final pre-trial conference. The order in which witnesses are listed will be deemed the order in which such witnesses will be called unless counsel presents a revised order of witnesses' appearance at least 48 hours in advance of such appearances. Parties may seek to call witnesses out of order for reasons that could not reasonably be anticipated. -4- Leave to call additional witnesses may be granted by the Court in unusual situations. Counsel seeking such leave must file a motion to add witnesses. Opposing counsel shall be provided with the names, addresses and an offer of proof of such witness's testimony at least three (3) days prior to trial. The Court strongly advises counsel to over-schedule their witnesses. Should a party run out of witnesses on any given trial day, the Court will presume that the party has rested its case. 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 18A, such that the Court is guaranteed to receive the exhibits by noon on Friday before trial commences. 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.jpg 12_2009 Tax Statement.pdf -5- 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) 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 trial actually commences. Exhibits shall be exchanged between counsel prior to trial. D. Use of Depositions as Evidence If the parties intend to use any deposition as evidence during the trial, the parties must file these depositions by the time of the final pretrial conference with the portions to be read noted therein. An opportunity will be given to opposing counsel to read any omitted portion. Counsel will be notified at trial of rulings on all objections pertaining to the depositions. E. Nonjury Trials For matters not submitted to a jury, the Court requires counsel to submit at -6- least one (1) week prior to the standby trial period (1) a statement of the issues, (2) proposed findings of fact, and (3) proposed conclusions of law. The parties must also file any trial briefs no later than one (1) week prior to the standby trial period. The proposed findings of fact must cite the particular witness(es) and physical evidence upon which each proposed finding is based. Likewise, the proposed conclusions of law must cite the direct legal authority upon which each proposed legal conclusion is based. The Court may also order the parties to submit post-trial briefs. These briefs will be limited to specific questions assigned by the Court during or after trial. The Court may also permit counsel to file supplemental findings of fact and conclusions of law following the trial. The parties must exchange any trial or post-trial briefs, as well as any supplemental findings of fact or conclusions of law. F. Jury Actions The Court will conduct the voir dire examination of the jury panel. However, the Court will accept proposed jury voir dire questions. Counsel must submit any such proposed questions no later than one (1) week before the standby trial period. Failure to file proposed questions in a timely manner is a waiver of any such questions. Counsel may submit proposed jury instructions to the Court no later than one (1) week prior to the date of trial. Proposed instructions regarding issues that could not reasonably have been foreseen in advance may be filed at least twenty-four (24) hours prior to final argument. Counsel will exchange any proposed jury instructions. Any proposed jury instructions will include instructions on all issues relating to -7- your case. Each proposed instruction shall be on a separate 8 ½" x 11" sheet of paper identified as "Plaintiff(s)/Defendant(s) Requested Instruction No. ." All instructions must contain a citation of authority upon which counsel relies. The Court will reject any proposed instruction that does not contain a citation to authority. The Court uses as sources for jury instructions, among others, Pattern Instructions of the Sixth Circuit, O'Malley, Grenig and Lee, "Federal Jury Practice and Instructions, Fifth Edition," and Ohio Jury Instructions. The Court is bound by determinations of the Supreme Court of the United States and the United States Court of Appeals for the Sixth Circuit. Where appropriate, determinations by a state supreme court, or, in the absence thereof, determinations by a state intermediate appellate court will be used. Finally, the Court finds that, in some cases, jurors better understand the testimony presented when permitted to pose questions to the witness. Accordingly, the Court may permit jurors to submit proposed questions for the witnesses. Any such questions will be submitted to the Court in written form. The Court will then discuss the proposed question with counsel in a sidebar conference. The Court will ultimately decide whether to ask the proposed question. If the Court asks any proposed question, the Court will allow the parties to ask follow-up questions limited to the area of the juror-proposed question. VI. ELECTRONIC COURTROOM The Court is pleased to have one of the most technologically advanced courtrooms in the United States. This courtroom features, among other things, the technology necessary to present evidence in a video format. The Court encourages -8- counsel to utilize this technology whenever appropriate. Counsel bears the responsibility for developing proficiency with this new technology prior to trial. Counsel are encouraged to visit the Court's website to obtain information on scheduled training sessions. VII. CHANGE OF ADDRESS Counsel will notify the Court and the Clerk of this Court of any address, e-mail address, or telephone number changes by electronically filing a notice containing the new information. IT IS SO ORDERED. Dated: KEYBOARD(date) s/ James S. Gwin JUDGE JAMES S. GWIN UNITED STATES DISTRICT JUDGE -9- APPENDIX A A PROPOSED STIPULATION AND ORDER following the format shown below must be jointly prepared and electronically filed by counsel at least three (3) days prior to the date of the final pretrial conference. Specific reference is made here to the terms of the TRIAL ORDER that shall be read and applied in conjunction with the format below. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION JOHN DOE, Plaintiff, v. JANE DOE, Defendant. ) CASE NO. 0:00-CV-0000 STIPULATION & ORDER ) Judge James S. Gwin FINAL PRETRIAL ORDER This action came before the Court at a final pretrial conference held on the day of , 19 , pursuant to Rule 16 of the Federal Rules of Civil Procedure. -1- I. APPEARANCES: For Plaintiff(s): For Defendant(s): II. NATURE OF ACTION AND JURISDICTION: A. This is an action for . B. The jurisdiction of the Court is invoked under Title , United States Code, Section . C. The jurisdiction of the Court is (disputed/undisputed). III. TRIAL INFORMATION: A. The estimated length of trial is days. B. Trial to (the Court/Jury) is set for (MM/DD/YYYY). IV. AGREED STATEMENTS AND LISTS A. General Nature of the Claims of the Parties (1) Plaintiff Claims: (e.g., “Plaintiff asserts in Count 1 a right of recovery for defendant's negligence as follows:”) (2) Defendant Claims: (e.g., “Defendant denies liability as asserted in counts for the following reasons.”- or - “Defendant as an affirmative defense asserts that plaintiff was contributorily negligent as follows:. . .”). B. Uncontroverted Facts Suggested Language: “The following facts are established by admissions in the pleadings or by stipulations of counsel . . .” (set forth and number uncontroverted or uncontested facts). -2- C. Issues of Fact and Law Suggested Language: (1) “Contested Issues of Fact: The contested issues of fact remaining for decision are . . .” (list them). (2) “Contested Issues of Law: The contested issues of law in addition to those implicit in the foregoing issues of fact are:. . .” (set forth). OR "There are no special issues of law reserved other than those implicit in the foregoing issues of fact." D. Witnesses Suggested Language: (1) “Plaintiff/defendant will call or will have available for testimony at trial those witnesses whose names are set forth on the attached witness list” (see Appendix C). E. Expert Witnesses Suggested Language: (1) “Parties are limited to the following number of expert witnesses, including treating physicians, whose names have been disclosed to opposing counsel: . . . .” F. Trial to the Court Parties must file a statement of the issues, proposed findings of fact, and proposed conclusions of law in accordance with the time limits set forth in the trial order. Parties must also file any trial briefs in accordance with the time limits set forth in the trial order. G. Trial to a Jury Proposed voir dire questions and proposed jury instructions must be submitted to the Court in accordance with the time limits set forth in the trial order. -3- H. Use of Depositions Suggested Language: (1) “Testimony of the deposition/video tapes: . . .” OR “No testimony will be offered by deposition/video tape.” following witnesses will be offered by I. Exhibits The parties will offer as exhibits those items listed herein as follows: (1) Joint Exhibits - Appendix B; (2) Plaintiff Exhibits - Appendix B; (3) Defendant Exhibits - Appendix B; (4) Third-Party Exhibits - Appendix B J. Pending Motions Suggested Language: (1) “The following motions are pending at this time: . . .” OR “There are no pending motions at this time.” K. Modification of Order Suggested Language: (1) “This final pretrial order may be modified at the trial of this action, or prior thereto, to prevent manifest injustice. Such modification may be made by application of counsel, or on motion of the Court.” -4- L. Settlement Efforts Set forth exact status of settlement discussions between the parties. IT IS SO ORDERED. JUDGE JAMES S. GWIN UNITED STATES DISTRICT JUDGE Counsel for: Counsel for: -5- APPENDIX B An EXHIBIT LIST following the format shown below, along with a copy of all exhibits, must be prepared and submitted by counsel on the morning the trial actually commences. Specific reference is made here to the terms of the TRIAL ORDER that shall be read and applied in conjunction with the format below. APPENDIX "B" CASE NO. JUDGE JAMES S. GWIN PLAINTIFF vs. DEFENDANT PLAINTIFF/DEFENDANT/JOINT/THIRD-PARTY EXHIBITS EXHIBIT I.D. DESCRIPTION OF EXHIBIT I.D. OFFERE D OBJ. ADMITTED NOT ADMITTED APPENDIX C A WITNESS LIST following the format shown below, along with a copy of all exhibits, must be prepared and submitted by counsel along with the final pre-trial order three (3) days prior to the final pre-trial conference. Specific reference is made here to the terms of the TRIAL ORDER that shall be read and applied in conjunction with the format below. APPENDIX "C" PLAINTIFF vs. DEFENDANT CASE NO. JUDGE JAMES S. GWIN PLAINTIFF/DEFENDANT WITNESSES NAME SYNOPSIS OF TESTIMONY

=== Criminal Trial Order ===

=== Electronic Case Filing E-Mail Order ===

THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO Plaintiff(s), vs. Defendant(s). JUDGE JAMES S. GWIN ) CASE NO. ORDER This Court has issued an Order placing the above-captioned matter in the electronic case filing system which requires all future documents to be filed electronically. All service of future pleadings, notices, and orders will be done electronically and not by regular mail. Counsel can choose to receive notice of filings through Netscape or an Internet Service Provider. It is the responsibility of each counsel of record to turn their e-mail notification on (see attached instruction sheet) and to check their e-mail boxes on a regular basis. IT IS SO ORDERED. /s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE United States District Court Northern District of Ohio E-Mail Notification Attorneys can receive e-mail notification of all electronic filings in their cases by setting the automatic e-mail notification in their user accounts. ! ! ! ! Access the "Live" system. (Please note that the "Live" electronic filing system and the "Training Area" are different systems. Setting your e-mail notification in one system does not set it in the other.) Click on "Reports." Click on "Set-up e-Mail Notification" under Other Reports. Under Step 1, ensure that the box labeled "Select this box to receive notices of activity for all cases in which you are a party" is checked. Then type the case number(s) that you would like to receive notice of filings in the text box under the statement "In the following box enter a list of cases (you do not have to be a party in a case entered) for which you would like to receive notification of activity. Enter case numbers in the format YY-#### (ex. 97-1234). Place each case number on a separate line." Under Steps 2 and 3, select the type of notice you would like to receive. Use Step 2 to have notices sent to you immediately upon filing. Use Step 3 to have a summary of the notices sent to you at the end of the day (usually at midnight). Under Step 4, identify the e-mail address or addresses to which the information should be mailed. You may include more than one e-mail address (i.e., work, home). You may also include the e-mail addresses of others who you would like to receive electronic notice (i.e., an associate, para-legal, secretary). Under Step 5, select the format of the notice most appropriate to your e-mail system. Some experimentation may be required. ! Click Next. You will receive a confirmation screen listing showing the cases and e-mail options you have selected.

=== Electronic Case Filing Initial Order ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO Plaintiff(s), vs. Defendant(s). JUDGE JAMES S. GWIN ) CASE NO. O R D E R Counsel in this action have confirmed their willingness and ability to file documents electronically using the Court’s electronic filing system. Accordingly, I hereby order that this action be entered into the electronic filing system and that all further documents, notices and orders in this matter be filed electronically rather than on paper, except as provided for in the Electronic Filing Policies and Procedures Manual which shall accompany this Order. The Manual governs electronic filing in the Northern District of Ohio and also provides helpful information on system requirements and usage. If it has not already been done, Attorney Registration Forms should be completed by counsel and returned to the Clerk of Court as soon as possible so that attorney user accounts can be established. An Attorney Registration Form is in the Policies and Procedures Manual. As soon as accounts are established, counsel will be provided with user identification names and passwords which will permit access to the electronic filing system and which shall serve as signatures for all documents filed electronically. Upon receipt of the identification names and passwords, counsel should verify their ability to file and retrieve documents electronically using the Court's test system. Test case numbers 97-5001 through 97-5025 have been established for this purpose. Counsel are encouraged to experiment extensively with the test system prior to filing or retrieving documents from the live system. Both the live and test systems can be accessed at: http://ecf.ohnd.uscourts.gov 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. The Clerk’s Office is hereby instructed to enter this action into the electronic filing system. Documents previously filed in this action shall be scanned by the Clerk's Office and made available for electronic retrieval. IT IS SO ORDERED. /s/ James S. Gwin HONORABLE JAMES S. GWIN UNITED STATES DISTRICT JUDGE attachment (Electronic Filing Policy & Procedures Manual) 2

=== Trial Order Track Assignment ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION Plaintiff, vs. Defendant. CASE NO. JUDGE JAMES S. GWIN ORDER I. TRACK ASSIGNMENT Upon consideration of the Local Rules for the United States District Court for the Northern District of Ohio, the Court assigns this matter to the Standard Track. Accordingly, the Court sets forth the following deadlines: (1) Deadline to Add Parties or Amend Pleadings: (DATE) (2) Deadline for Completing Discovery Needed to Support or Defend: Dispositive Motions: (DATE) (3) Deadline for Filing Dispositive Motions: (DATE) (4) Deadline for Filing Opposition to Dispositive Motions: (DATE) (5) Deadline for Filing Replies to Responses: (DATE) (6) Deadline for All Discovery: (DATE) II. MOTIONS PRACTICE All motions and related documents filed with the Court must comply with the Local Rules for the United States District Court for the Northern District of Ohio. -1- The Local Rules place limitations on the length of memoranda relating to dispositive motions. Specifically, such memoranda shall not exceed ten (10) pages in length for cases on the Expedited Track, twenty (20) pages for cases on the Standard Track or Administrative Track, thirty (30) pages for cases on the Complex Track, and forty (40) pages for cases on the Mass Tort Track. Parties must submit an affidavit along with such memoranda specifying the assigned case track and certifying that the memorandum adheres to the applicable page limitation. The Court will not increase the page limitation except in extraordinary circumstances. Further, motions, related memoranda, and all other documents submitted to the Court shall only include text produced in twelve (12) point font. Finally, portions of any record used to support or oppose any motion (e.g., deposition transcripts) shall be excerpted and submitted in that form. Parties shall submit that portion relevant to the issue in question and not more than two (2) pages in addition to establish context. However, if the parties have the capability of electronically filing records or transcripts, they may file such documents in their entirety along with the motion. Parties must consult the Electronic Filing Policies and Procedures Manual to determine whether a particular document is suitable for electronic filing. III. FILING OF MOTIONS TO DISMISS AND SUMMARY JUDGMENT The Court requires defendants to file an answer to the complaint regardless of -2- whether they have filed or plan to file a motion to dismiss. The filing of a motion to dismiss shall not delay the time in which the party must answer the complaint. Should a party file a motion for summary judgment, this Court encourages the party to file the motion on or as close to the dispositive motion deadline as possible. Counsel may only file one summary judgment motion. Counsel must seek leave of this Court if he or she wishes to file any additional or supplemental motions. The Court will grant a motion for subsequent motions only in very rare circumstances. IV. PRE-TRIAL CONFERENCE A pre-trial conference will take place on (DATE/TIME/LOCATION). The following persons must attend this conference: counsel, anyone with settlement authority, and clients. These persons are required to attend unless prior approval of their absence is received. Counsel shall meet at least ten (10) days prior to the pre-trial conference to determine whether they can enter into stipulations relative to any facts or issues. Parties must electronically file a joint stipulation and order at least three (3) days prior to the date of the pre-trial conference. The form of this order is attached hereto as Appendix A. V. TRIAL A. General The Court has set this matter for trial on a two-week standby period beginning on (DATE/TIME/LOCATION). Counsel must keep in regular contact with Gwen -3- Mackey, the Courtroom Deputy Clerk, to determine the exact starting date for the trial. Counsel may reach Ms. Mackey at (330) 375-5934. The trial day will begin promptly at 8:00 a.m. and will conclude at approximately 5:00 p.m. During each trial day, the Court will adjourn for lunch for approximately thirty (30) minutes. B. Interim Arguments The Court finds that interim arguments often prove helpful to the finder of fact. Accordingly, the Court will usually permit each side to present such arguments during the trial. However, neither side is required to present interim arguments. An interim argument serves to provide some explanation as to how a witness's testimony relates to the party's case as a whole. Such an argument occurs only after the witness has completed testimony and may only deal with the testimony of that witness. The Court will set time limits for interim arguments. C. Witnesses and Exhibits Counsel shall file witness lists along with the final pre-trial order three (3) days prior to the final pre-trial conference. The order in which witnesses are listed will be deemed the order in which such witnesses will be called unless counsel presents a revised order of witnesses' appearance at least 48 hours in advance of such appearances. Parties may seek to call witnesses out of order for reasons that could not reasonably be anticipated. Leave to call additional witnesses may be granted by the Court in unusual -4- situations. Counsel seeking such leave must file a motion to add witnesses and serve a copy upon opposing counsel with names, addresses, and an offer of proof of such witness’s testimony at least three (3) days prior to trial. The Court strongly advises counsel to over-schedule their witnesses. Should a party run out of witnesses on any given trial day, the Court will presume that the party has rested its case. Counsel shall submit to the Court one (1) copy of all proposed exhibits along with an index (Appendix B) containing a brief description of each exhibit on the morning the trial actually commences. Exhibits shall be exchanged between counsel prior to trial. Counsel shall mark all exhibits before trial with official or similar stickers. The plaintiff(s) shall mark exhibits with numbers, and the defendant(s) shall mark exhibits with letters. If there are multiple parties, numbers or letters shall be used, followed by the party's last name (e.g., "1-Smith" or "A-Jones"). If the defendant has more than 26 exhibits, double letters shall be used (e.g., "AA"). The case number shall also appear on the stickers. D. Use of Depositions as Evidence If the parties intend to use any deposition as evidence during the trial, the parties must file these depositions by the time of the final pretrial conference with the portions to be read noted therein. An opportunity will be given to opposing counsel to read any omitted portion. Counsel will be notified at trial of rulings on all objections pertaining to the depositions. -5- E. Nonjury Trials For matters not submitted to a jury, the Court requires counsel to submit at least one (1) week prior to the standby trial period (1) a statement of the issues, (2) proposed findings of fact, and (3) proposed conclusions of law. The parties must also file any trial briefs no later than one (1) week prior to the standby trial period. The proposed findings of fact must cite the particular witness(es) and physical evidence upon which each proposed finding is based. Likewise, the proposed conclusions of law must cite the direct legal authority upon which each proposed legal conclusion is based. The Court may also order the parties to submit post-trial briefs. These briefs will be limited to specific questions assigned by the Court during or after trial. The Court may also permit counsel to file supplemental findings of fact and conclusions of law following the trial. The parties must exchange any trial or post-trial briefs, as well as any supplemental findings of fact or conclusions of law. F. Jury Actions The Court will conduct the voir dire examination of the jury panel. However, the Court will accept proposed jury voir dire questions. Counsel must submit any such proposed questions no later than one (1) week before the standby trial period. Failure to file proposed questions in a timely manner is a waiver of any such questions. Counsel may submit proposed jury instructions to the Court no later than one (1) week prior to the date of trial. Proposed instructions regarding issues that could -6- not reasonably have been foreseen in advance may be filed at least twenty-four (24) hours prior to final argument. Counsel will exchange any proposed jury instructions. Any proposed jury instructions will include instructions on all issues relating to your case. Each proposed instruction shall be on a separate 8 ½" x 11" sheet of paper identified as "Plaintiff(s)/Defendant(s) Requested Instruction No. ." All instructions must contain a citation of authority upon which counsel relies. The Court will reject any proposed instruction that does not contain a citation to authority. The Court uses as sources for jury instructions, among others, Pattern Instructions of the Sixth Circuit, Devitt and Blackmar's "Federal Jury Practice and Instructions, Fourth Edition," and Ohio Jury Instructions. The Court is bound by determinations of the Supreme Court of the United States and the United States Court of Appeals for the Sixth Circuit. Where appropriate, determinations by a state supreme court, or, in the absence thereof, determinations by a state intermediate appellate court will be used. Finally, the Court finds that, in some cases, jurors better understand the testimony presented when permitted to pose questions to the witness. Accordingly, the Court may permit jurors to submit proposed questions for the witnesses. Any such questions will be submitted to the Court in written form. The Court will then discuss the proposed question with counsel in a sidebar conference. The Court will ultimately decide whether to ask the proposed question. If the Court asks any proposed question, -7- the Court will allow the parties to ask follow-up questions limited to the area of the juror-proposed question. VI. ELECTRONIC COURTROOM The Court is pleased to have one of the most technologically advanced courtrooms in the United States. This courtroom features, among other things, the technology necessary to present evidence in a video format. The Court encourages counsel to utilize this technology whenever appropriate. Counsel bears the responsibility for developing proficiency with this new technology prior to trial. However, the Court provides regularly-scheduled training sessions to familiarize counsel with this technology. Counsel may receive one (1) continuing legal education credit for attending the training session. Contact Ms. Gwen Mackey, the Courtroom Deputy Clerk, for more information regarding these training sessions. Counsel may reach Ms. Mackey at (330) 375-5934. VII. CHANGE OF ADDRESS Counsel will notify the Court and the Clerk of this Court of any address, e-mail address, or telephone number changes by letter to assure proper notification. IT IS SO ORDERED. Dated: (DATE) s/ James S. Gwin JUDGE JAMES S. GWIN UNITED STATES DISTRICT JUDGE -8- APPENDIX A A PROPOSED STIPULATION AND ORDER following the format shown below must be jointly prepared and electronically filed by counsel at least three (3) days prior to the date of the final pretrial conference. Specific reference is made here to the terms of the TRIAL ORDER that shall be read and applied in conjunction with the format below. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION JOHN DOE, Plaintiff, v. JANE DOE, Defendant. ) CASE NO. 0:00-CV-0000 STIPULATION & ORDER ) Judge James S. Gwin FINAL PRETRIAL ORDER This action came before the Court at a final pretrial conference held on the day of , 19 , pursuant to Rule 16 of the Federal Rules of Civil Procedure. -9- I. APPEARANCES: For Plaintiff(s): For Defendant(s): II. NATURE OF ACTION AND JURISDICTION: A. This is an action for . B. The jurisdiction of the Court is invoked under Title , United States Code, Section . C. The jurisdiction of the Court is (disputed/undisputed). III. TRIAL INFORMATION: A. The estimated length of trial is days. B. Trial to (the Court/Jury) is set for (MM/DD/YYYY). IV. AGREED STATEMENTS AND LISTS A. General Nature of the Claims of the Parties (1) Plaintiff Claims: (e.g., “Plaintiff asserts in Count 1 a right of recovery for defendant's negligence as follows:”) (2) Defendant Claims: (e.g., “Defendant denies liability as asserted in counts for the following reasons.”- or - “Defendant as an affirmative defense asserts that plaintiff was contributorily negligent as follows:. . .”). B. Uncontroverted Facts Suggested Language: “The following facts are established by admissions in the pleadings or by stipulations of counsel . . .” (set forth and number uncontroverted or uncontested facts). -1- C. Issues of Fact and Law Suggested Language: (1) “Contested Issues of Fact: The contested issues of fact remaining for decision are . . .” (list them). (2) “Contested Issues of Law: The contested issues of law in addition to those implicit in the foregoing issues of fact are:. . .” (set forth). OR "There are no special issues of law reserved other than those implicit in the foregoing issues of fact." D. Witnesses Suggested Language: (1) “Plaintiff/defendant will call or will have available for testimony at trial those witnesses whose names are set forth on the attached witness list” (see Appendix C). E. Expert Witnesses Suggested Language: (1) “Parties are limited to the following number of expert witnesses, including treating physicians, whose names have been disclosed to opposing counsel: . . . .” F. Trial to the Court Parties must file a statement of the issues, proposed findings of fact, and proposed conclusions of law in accordance with the time limits set forth in the trial order. Parties must also file any trial briefs in accordance with the time limits set forth in the trial order. G. Trial to a Jury Proposed voir dire questions and proposed jury instructions must be -2- submitted to the Court in accordance with the time limits set forth in the trial order. H. Use of Depositions Suggested Language: (1) “Testimony of the following witnesses will be offered by deposition/video tapes: . . .” OR “No testimony will be offered by deposition/video tape.” I. Exhibits The parties will offer as exhibits those items listed herein as follows: (1) Joint Exhibits - Appendix B (Use Roman Numerals). (2) Plaintiff Exhibits - Appendix B (Use Arabic Numerals). (3) Defendant Exhibits - Appendix B (Use Letters) (4) Third-Party Exhibits - Appendix B (Use Letters Prefixed by Initial of Party). J. Pending Motions Suggested Language: (1) “The following motions are pending at this time: . . .” OR “There are no pending motions at this time.” K. Modification of Order Suggested Language: -3- (1) “This final pretrial order may be modified at the trial of this action, or prior thereto, to prevent manifest injustice. Such modification may be made by application of counsel, or on motion of the Court.” L. Settlement Efforts Set forth exact status of settlement discussions between the parties. IT IS SO ORDERED. JUDGE JAMES S. GWIN UNITED STATES DISTRICT JUDGE Counsel for: Counsel for: -4- APPENDIX B An EXHIBIT LIST following the format shown below, along with a copy of all exhibits, must be prepared and submitted by counsel on the morning the trial actually commences. Specific reference is made here to the terms of the TRIAL ORDER that shall be read and applied in conjunction with the format below. APPENDIX "B" CASE NO. JUDGE JAMES S. GWIN PLAINTIFF vs. DEFENDANT PLAINTIFF/DEFENDANT/JOINT/THIRD-PARTY EXHIBITS EXHIBIT I.D. DESCRIPTION OF EXHIBIT I.D. OFFER ED OBJ. ADMITTE D NOT ADMITTE D APPENDIX C A WITNESS LIST following the format shown below, along with a copy of all exhibits, must be prepared and submitted by counsel along with the final pre-trial order three (3) days prior to the final pre-trial conference. Specific reference is made here to the terms of the TRIAL ORDER that shall be read and applied in conjunction with the format below. APPENDIX "C" PLAINTIFF vs. DEFENDANT CASE NO. JUDGE JAMES S. GWIN PLAINTIFF/DEFENDANT WITNESSES NAME SYNOPSIS OF TESTIMONY

=== Case Management Conference Scheduling Order ===

NOTE: ALL DOCUMENTS MUST BE FILED AS PDF DOCUMENTS IN TEXT SEARCHABLE FORMAT. ALL EXHIBITS MUST BE SPECIFICALLY IDENTIFIED. FAILURE TO COMPLY WITH THESE REQUIREMENTS WILL RESULT IN THE CLERK'S OFFICE MARKING THE DOCUMENT(S) AS A FILING ERROR AND YOU WILL BE REQUIRED TO RE-FILE IN COMPLIANCE WITH THIS ORDER. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION KEYBOARD(caption / CMC conference scheduling order) DATE OF HEARING: KEYBOARD(date / time of hearing) LEAD COUNSEL, PARTIES, AND ANYONE WITH SETTLEMENT AUTHORITY MUST BE PRESENT I. CASE MANAGEMENT CONFERENCE All counsel and parties will take notice that the above-entitled action has been set for a Case Management Conference ("CMC") on KEYBOARD(date / time of hear ing) CARL B. STOKES U.S. COURT HOUSE, 801 WEST SUPERIOR AVENUE, CLEVELAND, OHIO. Counsel should report directly to Chambers 18A. This Court requires the attendance of (1) all parties, (2) lead counsel, and (3) a representative with full authority for settlement purposes. "Parties" means either the named individuals or, in the case of a corporation or similar legal entity, that person who is most familiar with the actual facts of the case. "Party" does not mean in-house counsel or someone who merely has settlement authority. "Final authority" -1- means the actual ability to settle, without further consultation, for an amount up to plaintiff's prayer for relief. If plaintiff has not specified a prayer for relief, or plaintiff has specified equitable relief, "final authority" means the final decision-maker with unlimited authority to settle without further consultation. In the event a representative with final authority is unable to attend in-person, counsel must file a motion, showing good cause, more than 48 hours before the scheduled conference. The agenda for the CMC is set forth in Rule 16.3(b)(2) of the Local Rules of the United States District Court for the Northern District of Ohio. II. APPLICABLE RULES This case is subject to both the Local Rules of the United States District Court for the Northern District of Ohio and the Federal Rules of Civil Procedure. All counsel are therefore expected to familiarize themselves with the Local and Federal Rules. III. TRACK ASSIGNMENT This case is subject to the provisions of Differentiated Case Management (DCM) as set forth in the Local Rules effective on January 1, 1992, as renumbered April 7, 1997. The Court shall evaluate this case in accordance with LR 16.2(a)(1) and assign it to one of the case management tracks described in LR 16.2(a)(2). Each of the tracks (expedited, standard, complex, mass tort and administrative) has its own set of guidelines and timelines governing discovery, motions, and trial. Pursuant to LR 16.3(a), and subject to further discussion at the CMC, the Court recommends the following track: -2- Expedited X Standard Administrative Complex Mass Tort Reserved for CMC IV. ELECTRONIC FILING Effective January 1, 2006, all attorneys are required to file electronically pursuant to modifications to both the local civil and criminal rules. The Court's electronic filing policy/procedure is available on the Court's web site (www.ohnd.uscourts.gov) along with registration forms, training materials and tutorials. V. DISCOVERY A. Applicable Rules Discovery shall be guided by Local Rule 26.1, as well as all applicable Federal Rules of Civil Procedure. The parties shall, however, start discovery before their Fed. R. Civ. P. 26(f) discovery conference. B. Mandatory Disclosures Rule 26(a) of the Federal Rules of Civil Procedure mandates a series of required disclosures by counsel in lieu of discovery requests. Only certain categories of proceedings, outlined in Rule 26(e)(1), are exempt from these initial disclosures. If a party wishes to object to the requirement of initial disclosures, it must do so as part of the planning meeting report described below in Section V. E. C. Filing of Discovery Materials Unless otherwise ordered by the Court, initial disclosures, discovery depositions, interrogatories, requests for documents, requests for admissions, and answers and -3- 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 a response. Any deposition transcripts shall be filed as an excerpt of the original deposition taken. Deposition excerpts needed to support or oppose a dispositive motion (i.e., summary judgment, motion to dismiss) should be filed with a memorandum in support and attached as exhibits. D. Depositions The Judges of the Northern District of Ohio have adopted LR 30.1 which governs the taking of depositions. A copy of the newly adopted rule is attached as Attachment 2. Counsel are expected to comply with the rule in its entirety. E. Planning Meeting Counsel for the plaintiff shall arrange with opposing counsel for the meeting of the parties as required by Fed. R. Civ. P. 26(f) and LR 16.3(b)(3). A report of this planning meeting shall be jointly signed and submitted electronically not less than 3 days before the CMC. The report shall be in a form substantially similar to Attachment 1. As part of the planning meeting, counsel must determine whether there will be discovery of electronically stored information (ESI) [E-discovery]. If counsel anticipate any E-discovery, they must decide on a method for conducting such discovery or they must agree to abide by the default standard set forth in Appendix K to the Local Civil Rules. VI. MOTIONS -4- A. Applicable Rules Motion practice shall be guided by LR 7.1 as well as all applicable Federal Rules of Civil Procedure. B. Motions to Dismiss This Court requires defendants to file an answer to the complaint regardless of whether they have filed or plan to file a motion to dismiss. The filing of a motion to dismiss shall not delay the time in which the party must answer the complaint. VII. ATTORNEY'S FEES ITEMIZATION In all cases in which it is anticipated that a party or parties will seek attorney 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. Such estimate shall include, but not be limited, to the following: ATTORNEY'S FEES Preliminary Investigation and Filing Complaint $ COSTS Depositions $ Procedural Motions Practice $ Experts $ Discovery $ Witness Fees $ Dispositive Motions Practice $ Other $ Settlement Negotiations $ Trial $ TOTAL FEES $ TOTAL COSTS $ -5- VIII. CONSENT TO JURISDICTION OF MAGISTRATE JUDGE A 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. IX. RESOLUTION PRIOR TO 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. Counsel can contact my Courtroom Deputy Clerk, Ms. Gwen Mackey at (216) 357-7217. IT IS SO ORDERED. Dated: KEYBOARD(date) s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE -6- ATTACHMENT 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION JOHN DOE, Plaintiff, v. JANE DOE, Defendant. ) CASE NO. 00-CV-0000 REPORT OF PARTIES' PLANNING ) MEETING UNDER FED. R. CIV. ) P. 26(f) AND LR 16.3(b)(3) Judge James S. Gwin 1. Pursuant to Fed. R. Civ. P. 26(f) and LR 16:3(b)(3), 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. The parties: have not been required to make initial disclosures. have exchanged the pre-discovery disclosures required by Fed. R. Civ. P. 26(a)(1) and the Court's prior order. -7- 3. The parties recommend the following track: Expedited Standard Administrative Complex 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©. 6. Recommended Discovery Plan: (a) Describe the subjects on which discovery is to be sought and the nature and extent of discovery. -8- (b) 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 Ohio Local Rules). © Discovery cut-off date: 7. Recommended dispositive motion date: 8. Recommended cut-off date for amending the pleadings and/or adding additional parties: 9. Recommended date for a Status Hearing: -9- 10. Other matters for the attention of the Court: Attorney for Plaintiff(s) Attorney for Plaintiff(s) Attorney for Defendant(s) Attorney for Defendant(s) -10- ATTACHMENT 2 Local Civil Rules -- Northern District of Ohio Rule 30.1 Conduct at Depositions (a) Witnesses, parties, and counsel must conduct themselves at depositions in a temperate, dignified and responsible manner. (b) The following guidelines for the taking of depositions emphasize the expectations of the Court as to certain issues; they are intended to supplement Fed. R. Civ. P. 26 and 30. (1) Scheduling. Counsel are expected to make a timely and good faith effort to confer and agree to schedules for the taking of depositions. Unless counsel otherwise agree, depositions must be conducted during normal business hours. Except where good cause exists, no Notice of Deposition or Subpoena can issue prior to a scheduling conference with opposing counsel. Counsel for the deponent must not cancel a deposition without stipulation of the examining counsel or order of the Court. deponent must be permitted to complete an answer without interruption by counsel. (2) Decorum. Opposing counsel and the deponent must be treated with civility and respect. Ordinarily the (3) Objections. Objections must be limited to (a) those that would be waived if not made pursuant to Fed. R. Civ. P. 32(d)(3) and (b) those necessary to assert a privilege, enforce a limitation on evidence directed by the Court or present a motion under Fed. R. Civ. P. 30(d)(3). No other objections can be raised during the course of the deposition. In the event privilege is claimed, examining counsel may make appropriate inquiry about the basis for asserting the privilege. deponent are improper and must not be made in the presence of the deponent. (4) Speaking Objections. Speaking objections that refer to the facts of the case or suggest an answer to the (5) Witness Preparation. Preparation of the deponent must be completed prior to the taking of the deposition. While a question is pending, counsel for the deponent and the deponent must not confer, except for the purpose of deciding whether to assert a privilege. to the deponent during the deposition. (6) Documents. Examining counsel must provide counsel for the deponent with copies of all documents shown of a deposition. (7) Disputes. Counsel must comply with Local Rule 37.1 as to any disputes arising in connection with the taking 62 -11- Last revised 9/23/01. See Historical Notes for full revision history.

=== Expert ID Order ===

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO KEYBOARD(CAPTION) The plaintiff(s) shall identify experts, if any, by KEYBOARD(date). The defendant(s) is to identify experts, if any, by KEYBOARD(date). "Identify" means to provide the expert's name and curriculum vitae. The parties must exchange expert reports at least 90 days before the date set for trial. Counsel are to provide the Court with copies of expert reports. Any objection to the qualifications of expert witnesses under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, must be filed two months before the standby trial date. A party WAIVES the right to object to the qualifications of a testifying witness if the party fails to file an objection by this date. Responses to such motions must be filed no later than 7 consecutive days after the motion is filed. IT IS SO ORDERED. Dated: KEYBOARD(date) s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE

Chat with this judge practice using AI

Ask CiteLaw's AI Navigator anything about this judge practice, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.