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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION GEORGE C. HANKS, JR. UNITED STATES DISTRICT JUDGE COURT PROCEDURES The accompanying Procedures are to be used in conjunction with the Local Rules for the Southern District of Texas and the Federal Rules of Civil and Criminal Procedure—not as a substitute for them. The Local Rules of this District can be obtained at www.txs.uscourts.gov. The Court requires strict compliance with the Federal Rules, Local Rules, and these Procedures. A failure to comply with the Local Rules or Procedures may result in sanctions. HONORABLE UNITED STATES DISTRICT JUDGE GEORGE C. HANKS, JR. United States Courthouse 515 Rusk Street, Room 6202 Houston, TX 77002 Telephone: (713) 250-5757 Fax: (713) 250-5871 KIMBERLY PICOTA Case Manager for Judge George C. Hanks, Jr 515 Rusk Street, Room 5300 Houston, TX 77002 Telephone: (713) 250-5406 Fax: (713) 250-5356 Email: [email protected] Last updated January 7, 2022 TABLE OF CONTENTS 1. CONTACT WITH COURT PERSONNEL 2. COURTESY COPIES OF DOCUMENTS 3. EMERGENCIES 4. CONTINUANCES 5. APPEARANCES AND CONFERENCES 6. MOTION PRACTICE 7. MOTIONS AND MEMORANDA OF LAW 8. INITIAL PRETRIAL CONFERENCES AND DOCKET CONTROL ORDERS 9. REQUIRED PRETRIAL AND TRIAL MATERIALS 10. TRIAL SETTINGS 11. EXHIBITS 12. EQUIPMENT 13. COURTROOM PROCEDURES 14. VOIR DIRE 15. SETTLEMENTS AND ORDERS OF DISMISSAL 16. DOCKET CONTROL ORDER 17. JOINT PRETRIAL ORDER 18. EXHIBIT LIST 19. JOINT TRIAL WORKSHEET 20. CONSENT TO PROCEED BEFORE THE MAGISTRATE JUDGE 2 1. CONTACT WITH COURT PERSONNEL A. B. C. D. E. filed to be through In order to eliminate ex parte communications, the Court requires that all the District Court=s Case documents are Management/Electronic Case Filing (ACM/ECF@) System. See Southern District Local Rule 5.1 and the District=s Administrative Procedures for CM/ECF (as amended and available at www.txs.uscourts.gov). Pro se parties who are not granted access to CM/ECF may file their documents in person, at the Clerk’s Office or by regular mail to the Clerks Office, 515 Rusk., Room 5300, Houston, Texas 77002. Any case-related telephone and email inquiries should be made to the Case Manager. Inquiries should not be made to the Court’s law clerks, nor to the Judge. The Court=s caseload does not allow the Case Manager to respond to casual telephone inquiries about the status of motions or cases. Information about the status of documents, entry of orders, or docket entries should be obtained from the CM/ECF or Pacer Systems, or if absolutely necessary, from the United States District Clerk=s Office 713) 250-5500). Correspondence with the Court must be sent to the Case Manager as follows: Kimberly Picota Case Manager to Judge George C. Hanks, Jr. United States Courthouse 515 Rusk St., Room 5300 Houston, TX 77002 Or by email: [email protected] 1. The parties must also file copies of all case-related letters to the Court via CM/ECF. 2. Email correspondence with the Court or Case Manager will be docketed at the Court’s discretion. 3. In extreme circumstances, copies of urgent documents may be hand- delivered to the Clerk’s Office in Houston during regular business hours (see Emergencies, § 3 below), or emailed to the Court’s Case Manager. Documents that are delivered or transmitted after 4:30 p.m. may not be read until the next business day. Copies of any such documents must be transmitted to all counsel of record prior to and in the same manner as 3 2. COURTESY COPIES OF CERTAIN DOCUMENTS REQUIRED the document is transmitted to the Court. A. The parties must promptly deliver to the Clerk’s Office in Houston courtesy copies of: (i) documents fifty (50) pages or more in length (including exhibits and attachments), and (ii) documents pertaining to matters being heard by the Court within three days after the document is filed, and (iii) documents for which courtesy copies are required by § 7A, Motions and Memoranda of Law. B. Do NOT fax or email copies of documents to Chambers unless specifically authorized to do so by the Court. 3. EMERGENCIES A. through Applications for immediate relief, including restraining orders, must be filed electronically the CM/ECF system and all related communications with the Court must be through the Case Manager. Such applications shall be presented to the Court by the Case Manager following counsel=s affirmation that the opposing party has been contacted and that both parties can be available for a conference before the Court, or an explanation of why such contact has not been made. B. Motions for extension of deadlines or cut-off dates in the Docket Control Order are not emergencies. (See Continuances, § 4 below.) 4. CONTINUANCES A. Agreements or joint motions among counsel for continuance or extensions of deadlines are not binding on the Court. Motions for continuance will be granted only at the Court’s discretion. The Court’s trial settings are usually firm, and continuances will rarely be granted because of discovery disputes. 4 B. C. Vacation requests will be respected if they are made well in advance of a trial setting or hearing date. A trial will not be continued because of the unavailability of a witness. Counsel are expected to anticipate such possibilities and should be prepared to present testimony by written deposition, videotaped deposition, or by stipulation. 5. APPEARANCES AND CONFERENCES A. Counsel may not appear at hearings or conferences unless they are listed as an attorney of record on the docket sheet. Counsel are responsible for ensuring that they are properly listed on the docket sheet. B. An attorney who appears at a hearing or conference MUST 1. 2. be familiar with the case, and have authority to bind the client. C. D. E. F. During any setting, hearing, or conference in a case, all counsel and pro se parties should be prepared to discuss any pending motions or issues before the Court in that case. Out-of-town counsel wishing to appear at a conference or hearing by telephone must submit a written request by email to the Case Manager as far in advance of the conference as reasonably possible. The Court will attempt to accommodate such requests, if feasible. The Court’s preference, however, is to set dispositive or contested motions in person. Counsel appearing by telephone should use a landline. Matters involving pro se parties will be heard in person, unless stated otherwise. Counsel and pro se parties shall notify the Case Manager immediately in writing of the parties’ settlement of any matter before the court. Upon receipt of a notice that the entire case is settled, the Court may enter a conditional order of dismissal. Failure to appear when notified of a setting may subject an attorney and/or party to sanctions, including dismissal for want of prosecution and/or other appropriate order or judgment. 5 G. Motions for admission pro hac vice shall include the attorney applicant=s averment that he or she has familiarized him/herself with the Local Rules of the Southern District of Texas and these Procedures. 6. MOTION PRACTICE A. General Guidelines: The Court follows the written motion practice described in the Local Rules. B. Pre-Motion Conferences Required for Particular Motions In all cases except habeas corpus/prisoner petitions and Social Security and Bankruptcy appeals, a pre-motion conference must be requested before filing: i. ii. Any motion pursuant to Fed. R. Civ. P. 12; Any motion for a change of venue; iii. Any motion to remand; or iv. Any motion to amend a pleading pursuant to FED. R. CIV. P. 15 where leave of court is required. Additionally, the Court has particular requirements for discovery and scheduling disputes. These requirements are set out at § 6.E. below. The pre-motion conference may be held in person or by telephone, at the discretion of the Court. The Court hopes to use this procedure to advance the case efficiently and minimize the costs of litigation to the parties. To request a pre-motion conference, a party shall file and serve a letter not to exceed three (3) pages in length setting forth the basis for the anticipated motion, and affirming that they have conferred with all parties regarding the relief to be requested. All parties may, but are not required to, serve and file a letter response, not to exceed three (3) pages within five (5) days from filing of the notification letter. The Court may act on the initial request before a response is filed. Rule 12(a) prescribes time requirements for the filing of answers and for the filing of motions permitted under Rule 12. For the purposes of these timing requirements, a pre-motion conference letter requesting permission to file a motion permitted by the Rule shall be considered the equivalent of the motion itself. Compliance with this procedure shall not be deemed a waiver of any parties’ defenses as to insufficient service of process or lack of personal jurisdiction. Similarly, a pre-motion conference letter requesting permission to 6 file a particular motion shall be considered the equivalent of the motion itself for the purposes of determining compliance with the case deadlines. In many cases, it will be apparent from the letter requesting a pre-motion conference that such a conference will not be a useful expenditure of the parties’ time, and the parties will be notified by the Court that a pre-motion conference will not be set. In other cases, the usefulness of a pre-motion conference will be clear based on the request. Counsel are informed that such decisions are commonly made before the time for filing response letters has expired, but any such decisions may be revisited upon the filing of a timely response letter. Note that these provisions do not apply to motions other than those specifically enumerated. For example, letters requesting pre-motion conferences are not required for motions pursuant to Fed. R. Civ. P. 50, 59 and 60, and counsel should be aware that the Court of Appeals will not accept an argument that compliance with district court motion rules should excuse noncompliance with Fed. R. App. 4. See, e.g., Bowles v. Russell, 551 U.S. 205, 206-08 (2007) (holding no jurisdiction exists over appeal filed within time permitted by district court but outside time provided by Fed. R. App. P. 4(a)(6 . Failure to comply may result in the Court striking the motion. C. Requirements for All Motions 1. Counsel and pro se parties must make serious and timely efforts to confer with opposing counsel on all motions to try to reach agreements on the relief requested. 2. All motions must contain a certificate of conference stating that counsel and pro se parties have conferred regarding the substance of the relief requested, and stating whether the relief is opposed or denied. In circumstances where opposition remains uncertain, the party filing the motion must make at least two attempts to ascertain whether the relief is opposed, and must provide a certificate of conference stating the number of attempts made to contact the opposing party, the method of those attempts (i.e., fax, e-mail, telephone call, postal mail), the date and time of the attempts, and the results obtained thereby. Even motions that may be unopposed, joint, or agreed by two or more parties require a certificate of conference. 3. All motions except motions pursuant to Federal Rules of Civil Procedure 56 must be accompanied by a separate proposed order. Do not submit a proposed order that contains a bare signature block. 7 Instead, include a few lines of substantive text above the page containing the signature block. 4. Pursuant to the Local Rules, opposed motions may be considered by the Court after expiration of 21 days from the motion filing date, without notice from the Court. Unless the Court issues a briefing schedule, responses by the nonmovant must be filed within 21 days of the motion. Movant may file a reply within seven calendar days after the non-movant=s including supplements and sur-replies, should be filed without leave of Court. The Court will usually decline to consider such additional briefing. further briefing, response. No When circumstances dictate, the Court may consider and rule upon a motion prior to expiration of the 21-day period. 5. Any party wishing to make a discovery or scheduling motion should arrange for a conference with the Court before submission of any motion papers. See “Discovery and Scheduling Disputes” below. 6. Because most motions will be ruled on without an oral hearing, focused, clear motion papers are very important. (See Motions and Memorandum of Law, § 7 below) Separate requests for oral argument on motions are not necessary. The Case Manager will notify counsel if the Court determines that oral argument would be beneficial. 7. All pleadings or other documents filed under seal in a civil case must be identified as SEALED and by the title of the document. For example, a motion for summary judgment filed under seal must be docketed as “MOTION for Summary Judgment (SEALED).” No pleading may be filed for docketing simply as ASEALED DOCUMENT@ without advance permission of the Court. 8. Counsel and pro se parties are directed to Federal Rule of Civil Procedure 6(b)(1), which allows extension of deadlines upon a showing of “good cause.” In most cases, the Court will be inclined to grant the first, unopposed motion to extend a particular deadline as a matter of courtesy, so long as that motion recites sufficient cause and is submitted before the deadline in question. Second motions for extension of time will be granted on a case-by-case basis. Third motions for extension of time are disfavored but will be granted in extraordinary circumstances. Motions made after a deadline should comply with Federal Rule of Civil Procedure 6(b)(2). 8 9. The Court strongly encourages litigants to be mindful of opportunities for young lawyers (i.e., lawyers practicing for less than seven years) to conduct hearings before the Court, particularly for motions where the young lawyer drafted or contributed significantly to the underlying motion or response. The Court believes it is crucial to provide substantive speaking opportunities to young lawyers, and that the benefits of doing so will accrue to young lawyers, to clients, and to the profession generally. Thus, the Court encourages all lawyers practicing before it to keep this goal in mind. D. Submitted Motions B Need for Expedited Decision: 1. The Court will rule on motions as soon as possible after the submission day or a response is filed. Counsel of record and pro se parties will be furnished with copies of orders. 2. If a pending motion requires resolution on an expedited basis, please advise the Court by motion. E. Discovery and Scheduling Disputes: Most discovery and scheduling disputes can and should be resolved by counsel without the intervention of the Court. Compromise is encouraged. 1. Counsel are responsible for conferring in good faith to resolve discovery and scheduling disputes. If counsel for the parties are unable to reach an agreement, a conference with the Court must be sought by a joint letter filed with the Court. The parties should file a joint letter that does not exceed 2 pages, outlining the issues. The letter MUST specify the date, time and place of the parties’ prior out- of-court discovery or scheduling discussion(s), the results of the discussions, and the names of all counsel or pro se parties participating therein. If counsel has been unable to confer because of the unavailability or unwillingness of certain counsel or pro se parties to do so, the statement shall recite the facts concerning attempts to confer. 2. The Court will dispose of discovery disputes at the conference to the extent possible. If a written motion is necessary, the issues to be addressed and a briefing schedule will be set during the conference. 3. These procedures also apply to discovery regarding non-parties. Non- parties should, to the extent possible, comply with these requirements prior to filing a motion to quash. 9 4. If the dispute for which the Court’s intervention is sought involves the discovery of electronic data, the parties shall bring (or have available by telephone) a person with detailed knowledge of the computers and electronic databases at issue. This computer and database expertise will permit reliable responses to the Court’s inquiries and will assist the Court in developing an appropriate resolution of the dispute. 5. The Court strictly enforces the Federal Rules of Civil Procedure and the Local Rules with regard to disclosure and discovery. **Counsel should use a numbering system during the discovery process to allow for the orderly discussion of documents during the discovery and pretrial process.** 7. MOTIONS AND MEMORANDA OF LAW A. Page Limits and Briefing Requirements: The Court requires concise, pertinent and well-organized motions and memoranda of law. Without leave of Court, any motion, brief, or memorandum shall be limited to 25 pages, 13-point type-font, double-spaced, with 1” margins. Generally, a motion should contain the legal argument and authorities and separate memoranda should not be filed. Any motion, brief, or memorandum that has more than ten (10) pages of argument must contain the following items, while all motions, briefs and memoranda must contain items 3, 4, 6, and 7 below. 1. A table of contents with the page number of each section, including all headings designated in the body. 2. A short statement of the nature and stage of the proceeding. 3. A statement of the issues to be ruled upon by the Court and, with respect to each issue, a short statement (supported by legal authority) of the standard of review. 4. A short summary of the argument. 5. Succinct headings dividing the argument into separate points. 6. A short conclusion stating the precise relief sought. 10 7. All motions, except for summary judgment motions, must contain a proposed order setting forth the relief requested by the movant. Orders should be in the form used by the Court, and should not contain any document system codes or client/matter billing numbers. Items 1 and 7 do not count towards the 10-page and 25-page limits. B. Copies of Authorities and Other Material Cited: 1. Please append copies of cases and the relevant parts of authorities that are cited only if the authorities are not found in commonly used resources such as the United States Code, United States Supreme Court Reporter, Federal Reporters, Federal Rules Decisions, Federal Supplement, Southwestern Reporter Second or Third, or Vernon=s Revised Statutes and Codes Annotated. Unpublished authorities that are easily available on Westlaw or Lexis also do not need to be provided to the Court. 2. Copies of supporting affidavits, deposition testimony excerpts, and other evidence relied upon in the motion, brief, or memorandum should be separately filed in one or more appendices. 3. All appendices should contain a table of contents, and courtesy copies of appendices or those filed conventionally (i.e., not electronically) should be tabbed at the right margin to facilitate location of the materials cited. 8. INITIAL PRETRIAL CONFERENCES AND DOCKET CONTROL ORDERS Please refer to Local Rule 16.1 and the Court’s Form Order for Conference. See §5 supra (“Appearances and Conferences”) for general procedures for conferences. In addition: A. A Joint Discovery/Case Management Plan (in the attached form) must be filed at least seven business days before the Initial Pretrial Conference in Civil cases. 11 B. At the Initial Pretrial Conference in civil cases, the Court will enter a Docket Control Order. Attached is a form of the Docket Control Order used by the Court. 1. The parties may agree on deadlines for completion of pretrial matters and bring a proposed Docket Control Order to the Initial Pretrial Conference. 2. If a change to an existing Docket Control Order is requested, all parties shall submit recommendations for adjusting all dates in the Docket Control Order that follow the date sought to be modified. C. Additional Parties: If new parties are joined after entry of the Docket Control Order, the party causing such joinder shall provide to the new parties: (i) copies of all orders and pleadings previously filed in the case, (ii) the operative Docket Control Order, and (iii) these Court Procedures. 9. REQUIRED PRETRIAL AND TRIAL MATERIALS A. Joint Pretrial Order: Joint Pretrial Orders must be signed by all counsel. All parties are responsible for cooperating and complying with all requirements to prepare the Joint Pretrial Order, however, it is the plaintiff’s responsibility to manage such joint efforts. The Joint Pretrial Order must be filed by the deadline set out on the Court’s Docket Control Order. 1. Plaintiff is responsible for ensuring that a complete Joint Pretrial Order is filed timely. A form Joint Pretrial Order is attached. It should be followed, but may be adapted, within reason, to accommodate the size and nature of the case. If the plaintiff fails to file the Joint Pretrial Order, then the defendant is responsible for filing the defendant=s portions of the Proposed Pretrial Order in the Joint Pretrial Order format. 2. Failure to timely file a Joint Pretrial Order will subject counsel and parties to sanctions, including dismissal for want of prosecution and/or other appropriate relief. This includes parties appearing pro se. 3. In civil cases, a Joint Pretrial Order should comply with the 12 disclosure requirements of Federal Rule of Civil Procedure 26(a)(3). B. Other Required Documents: In addition to the filing of the Joint Pretrial Order, each party should also file a separate copy of each of the following documents: 1. For all trials and evidentiary hearings: a. Exhibit List (see attached form) b. Witness List c. Designations of deposition excerpts for witnesses being called by deposition. A copy of each deposition except must be provided to the Court. d. Objections, if any, to an opponent=s exhibits. Objections must be filed within the time limits set out by the Local Rules. e. Joint Trial Worksheet 2. For Jury Trials, the parties must file a single, joint proposed jury charge, including all necessary instructions, definitions and questions. a. Each requested instruction must be numbered and presented with authority. b. The parties shall include in the proposed jury charge all necessary instructions or definitions. The instructions shall, at a minimum, include: (1) the prima facie elements of each cause of action and defense asserted, (2) legal definitions required by the jury, (3) items of damages, and (4) methods of calculation of damages. Counsel are to use the appropriate state law Patterns, or the Fifth Circuit Pattern Jury Instructions, as modified by case law or statutory amendments, whenever possible. Any deviations must be identified, and accompanied with legal authorities for the proposed deviation. 13 c. Even if the parties, in good faith, cannot agree on all instructions, definitions, or questions, the parties should nonetheless submit a single, unified charge. Each disputed instruction, definition, or question should be set out in bold type, underlined or italics and identified as disputed. Each disputed item should be labelled to show which party is requesting the disputed language. Accompanying each instruction shall be all authority or related materials upon which each party relies. d. Prior to the start of trial, the parties shall also submit the proposed charge electronically in Microsoft Word, by emailing it to the Case Manager. e. The parties shall file a trial memorandum of law addressing the law governing the case and all contested issues. 3. For Non-Jury Trials, each party must file: a. Proposed Findings of Fact and email it to the Case Manager (electronically in Microsoft Word); b. Proposed Conclusions of Law and email it to the Case Manager (electronically in Microsoft Word); and c. Memorandum of Law. The memorandum of law, proposed findings, and proposed conclusions at a minimum should address the following: (1) the prima facie elements of each cause of action and defense asserted, (2) legal definitions, (3) components of damages, and (4) methods of calculation of damages. C. Trial Notebooks and Exhibit Binders: The Court requires 2 copies of a Joint Trial Notebook and each party’s exhibits be submitted to the Court at least 4 business days prior to the first day of trial. The Trial Notebook should be submitted jointly, and must contain the Joint Pretrial Order as well as each side’s Exhibit Lists, Witness Lists, Designations, Objections, Motions in Limine, Jury Charges (where applicable), Memoranda of Law, and Proposed Findings of Fact and Conclusions of Law (where applicable). If counsel are wholly unable to cooperate, then each side is responsible for ensuring that its own Trial Notebook and exhibit binders are submitted. 14 10. TRIAL SETTINGS A. Civil cases: A civil case may be assigned either (1) a firm trial setting or (2) a Docket Call date. At Docket Call, parties should be prepared to answer questions on all pending motions or the Joint Pretrial Order. Pending motions may be ruled on at Docket Call, or the Court may take the motion under advisement. Trial may be set for any day after the Docket Call. B. Unless an attorney has actually commenced trial in another court, prior trial settings will not cause the Court to pass a trial setting in a case. C. In order to efficiently administer the trial of the case, the Court may request the parties to provide additional detail regarding the order in which witnesses will be called at trial, the length of time needed for direct and cross-examination of witnesses, and the subject matter to be covered with each witness. 11. EXHIBITS A. Civil cases: All exhibits must be pre-marked and exchanged among counsel at the time the Joint Pretrial Order is filed. As a general rule, exhibits that have not been shared with opposing counsel prior to trial will not be received in evidence. The offering party shall mark its name, the case number, and the exhibit number on each exhibit to be offered. B. Authentication Objections: Counsel requiring authentication of an opponent=s exhibit must notify offering counsel in writing within the time required by the Local Rules. C. Other Objections to Exhibits: Unless otherwise directed by the Court, a party may offer in evidence any exhibits listed in the final Joint Pretrial Order unless opposing counsel files specific written objections within seven days after the joint pretrial order is filed. The Court endeavors to rule on objections to exhibits outside the presence of the jury and will do so prior to opening statements, to the extent possible. 15 D. Copies of Exhibits: Prior to trial, all parties must provide the Court with 2 complete sets of their exhibits for use at trial. E. Trial Procedure for Exhibits: 1. Counsel may not pass exhibits to the jury or the witness during trial without obtaining permission in advance from the Court. 2. Exhibits must be identified in front of the jury, or in a bench trial, to the Court before they will be received in evidence. 3. Only exhibits admitted during trial will go to the jury during its deliberations. Documents that are pre-admitted, but not actually used at trial, will not be submitted to the jury. 4. Counsel are responsible for monitoring and reviewing the completeness and organization of admitted exhibits at the close of each day, and at the close of evidence. Court staff and the court reporter will not take custody of the exhibits during trial. F. Disposition of Exhibits: Counsel should become familiar with Local Rule 79.2 regarding disposition of exhibits following trial. 12. EQUIPMENT A. Sound and Video Equipment: The Court has projection, document camera, sound, and video equipment in the courtroom. Counsel are invited to use that equipment during trial. Counsel who seek to test the equipment prior to trial shall contact the Court’s Case Manager by email, letter or phone to make arrangements to test the equipment. Parties may provide their own equipment, but special arrangements must be made with the Case Manager well in advance of the day of trial. Trial will not be delayed due to technical difficulties. B. Other: Easels with writing pads are available for use in the Courtroom, upon request to the Case Manager prior to trial. 13. COURTROOM PROCEDURES 16 A. Hours: The Court’s hours during trial will vary depending upon the type of case and the needs of the parties, counsel, witnesses, and the Court. Court normally will convene at 8:30 a.m. and adjourn by 5:00 p.m., with a 12:15 to 1:30 p.m. lunch recess. B. Access at Other Times: Counsel needing access to the Courtroom to set up equipment or exhibits must arrange access in advance with the Case Manager to have the Courtroom open. C. Court Telephones: Telephone messages for counsel or parties will not be taken by the Judge=s staff, and counsel shall refrain from requesting use of telephones in Chambers. D. Filing of Documents: Handing documents to the Court, law clerks, or Case Manager does not constitute filing of the documents in the CM/ECF system. 1. All original documents must be filed through the CM/ECF system. 2. Hard copies of documents filed within seven days prior to and during trial should be submitted to the Case Manager IN DUPLICATE. E. Attorney Conference Rooms: Attorney conference rooms are available upon request to the Case Manager, prior to trial. A key will be given to counsel for use throughout the trial. Counsel must clear the room of all materials and return the key to the Case Manager at the conclusion of the trial. F. Decorum: 1. General: Counsel and parties will comply with Local Rule 83.8 regarding Courtroom Behavior. These procedures are strictly enforced. 2. Counsel=s Oral Presentations: Counsel shall stand when addressing the Court. Counsel may use a lectern positioned appropriately to make oral argument. Counsel may question witnesses while standing at the lectern or seated at counsel table. 17 3. Counsel will ensure that they, all parties, and all witnesses refrain from drinking (other than water as provided by the Court), eating, smoking, or reading newspapers, books, etc. in the Courtroom. Counsel, parties, witnesses, and members of the public may not bring any outside cups or containers for water into the courtroom. The Court will provide disposable cups at counsel table. 4. Boxes and documents should be stored outside under the table or behind the bar in an orderly fashion. 5. Counsel’s legal assistants and support staff are expected to have full knowledge of these Procedures. 6. No cell phones may be operated in the Courtroom. Cell phones and other devices should be on “Silent” mode, not “Vibrate.” 7. The Court does not permit parties, witnesses, or counsel to wait in the 6th floor hallway. G. Witnesses: 1. Counsel are responsible for summoning witnesses into the Courtroom and instructing them on Courtroom decorum. Arrangements should be made to communicate with witnesses within the Courthouse so that they can promptly appear when summoned to testify. 2. Counsel should bear in mind the Court’s hours and arrange for witnesses accordingly. The Court will not recess to permit counsel to call a missing witness unless he or she has been subpoenaed and has failed to appear. 3. Counsel shall make every effort to elicit from the witnesses only information relevant to the issues in the case and to avoid cumulative testimony. 4. Where testimony is presented by recorded deposition to be played for the jury, counsel should make every effort to avoid “dead time” in the video or audio recording. 18 H. Seating Assignments: The Court does not designate seating at counsel tables. Seating is determined on a first-come, first-served basis on the first day of trial. I. Jury Matters: 1. While the jury is deliberating, counsel are to remain inside the Courthouse to be immediately available for jury notes or a verdict, unless given permission to leave by the Court. 2. After the jury is excused, counsel may not contact jurors unless permitted to do so by the Court. See Local Rule 47. 14. VOIR DIRE The Court generally conducts a preliminary examination of the jury panel. Following the Court’s examination, each side in civil cases usually will be allowed to examine the panel briefly, provided that the proposed voir dire questions are submitted as part of the Joint Pretrial Order. 15. SETTLEMENTS AND ORDERS OF DISMISSAL A. Settlements 1. Upon settlement of any case, counsel must immediately notify the Case Manager letter, or by email in writing, by ([email protected]), and such notice shall also be filed on CM/ECF. Such notice shall include whether the settlement is partial or includes all parties and claims, calls for dismissal with or without prejudice, and whether costs should be assessed to a particular party. 2. Upon receipt of parties’ notice of settlement, the Court will enter a 30- or 60-day conditional order of dismissal, which permits a party to move to reopen the case if final settlement cannot be completed within the allotted time. After the Court enters a conditional order of dismissal, but within the time set out in the order, parties may file a proposed final order setting out terms. 3. Upon settlement of a suit involving a minor plaintiff, counsel must jointly move for appointment of a guardian ad litem if there 19 is potential conflict of interest between the parent(s) and the minor, and name an agreed ad litem. a. If counsel cannot agree on a guardian ad litem, the Court will make the appointment. Counsel may submit the names of qualified attorneys they propose for the appointment. b. Contemporaneously with the motion for appointment, counsel must notify the Case Manager by letter requesting a settlement conference. B. Orders of Dismissal For Want of Prosecution Any defendant upon whom service has not been perfected within 90 days after the complaint is filed will be dismissed for want of prosecution in accordance with Federal Rule of Civil Procedure 4(m). 20 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION , Plaintiff, VS. , Defendant. ‘ ‘ ‘ ‘ CIVIL ACTION NO. ‘ ‘ ‘ ‘ ‘ DOCKET CONTROL ORDER This case will be controlled by the following schedule. 1. MOTIONS TO AMEND THE PLEADINGS DEADLINES 2. MOTIONS TO ADD NEW PARTIES The attorney causing the addition of new parties will provide copies of this order and all orders previously entered in the case to new parties. 3. MOTION TO CERTIFY CLASS The party seeking certification will file a motion and supporting memorandum by this date. 4. Identification of plaintiff’s experts and production of experts’ reports in the form required by Fed. R. Civ. P. 26(a)(2)(B). 5. Identification of defendant’s experts and production of experts’ reports in the form required by Fed. R. Civ. P. 26(a)(2)(B). 6. COMPLETION OF DISCOVERY Written discovery requests are not timely if they are filed so close to this deadline that the recipient would not be required under the Federal Rules of Civil Procedure to respond until after the deadline. 7. LIMITS ON DISCOVERY: ____________________________________________________ ____________________________________________________ 8. DISPOSITIVE MOTIONS 9. ALL OTHER PRETRIAL MOTIONS 10. JOINT PRETRIAL ORDER AND MOTIONS IN LIMINE Plaintiff is responsible for timely filing the complete joint pretrial order. All information is to comply with the disclosure requirements of Fed. R. Civ. P. 26(a)(3). All parties are directed to read the Court’s Procedures regarding required trial documents and procedures. 11. DOCKET CALL Other than as set out in the Court’s Procedures, no pleading or document filed within seven days of docket call will be considered by the Court. Any pending motions may be ruled on at docket call, the case will be set for trial, and further pretrial orders may be issued. 12. JURY / BENCH TRIAL Case is subject to being called to trial on short notice during this month. Estimated Trial Time: _________ days. SIGNED at Houston, Texas, this ___day of ________, _______. ___________________________________ GEORGE C. HANKS, JR. UNITED STATES DISTRICT JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION , Plaintiff(s), v. , Defendant(s). ‘ ‘ ‘ ‘ ‘ ‘ ‘ ‘ ‘ ‘ Civil Action No. JOINT PRETRIAL ORDER [See generally Judge Hanks= Court Procedures] **Failure to comply with these Procedures, the Local Rules, and the Federal Rules of Civil Procedure may result in sanctions, including the Court’s refusal to allow evidence at trial or the striking of a party’s pleadings in this lawsuit.** Appearance of Counsel List the parties, their respective counsel, and the mailing addresses, email addresses, and telephone numbers of counsel in separate paragraphs. Statement of the Case Give a brief agreed statement of the case for the information of the Court. The Court may read this statement to the jury panel to see whether any member of the panel is acquainted with the facts or parties in the case. Include names, dates and places. Jurisdiction Briefly explain why this Court has full and complete jurisdiction over the subject matter and the parties in this case. If there is an unresolved jurisdictional question, state the problem. Identify any pending motions, as well as the responses, replies, or objections. Motions Contentions of the Parties In separate paragraphs, give a concise statement of each party’s contentions and claims. List all facts that have been stipulated to. Admissions of Fact Contested Issues of Fact List all factual disputes that are necessary to the final disposition of this case. Agreed Applicable Propositions of Law Delineate those legal propositions not in dispute. Contested Issues of Law Briefly state the issues of law in dispute. Along with this Joint Pretrial Order, each party or side should submit a memorandum of law to address these issues in more depth. Exhibits and Exhibit List The Court strictly enforces the rules regarding disclosure and discovery. Counsel should use a Bates numbering system during discovery to allow for the orderly discussion of documents during the pretrial process. Each party must attach an Exhibit List (in the form shown by Attachment A or a similar form) of all exhibits offered, and all parties must provide copies of their listed exhibits to opposing counsel in advance of trial. (This rule also applies to summaries and rebuttal exhibits, except in the limited circumstances when exhibits cannot be anticipated.) The Exhibit List should provide a clear, concise description of each exhibit, with a Bates number from the discovery process where applicable. When possible, a Joint Exhibit List is preferred. Any counsel requiring authentication of an exhibit must so notify the offering counsel in writing within seven days after the exhibit is made available to opposing counsel for examination. Failure to do so is an admission of authenticity. See S.D. TEXAS LOCAL RULE 44.1. At the Court’s discretion, exhibits listed in the final pretrial order may be admitted into evidence unless opposing counsel files written objections within the time called for in the Local Rules. The offering party should mark its own exhibits prior to trial and include the party=s name, case number, and exhibit number on each exhibit to be offered. (Example: Smith Construction, 3:10-cv-0010, Ex. 1.) Witnesses and Witness List List the names and addresses of witnesses who will or may be called, and include a brief statement of the subject matter and substance of their testimony, as required by Fed. R. Civ. P. 26(a)(3). If a witness is to appear by deposition, cite the inclusive pages and lines to be read or submitted. Objections to those portions (citing pages and lines) with supporting authority must be filed within seven days after the joint pretrial order is filed. Recorded depositions should be edited to remove “dead air”. In the event there are any other witnesses to be called at the trial, their names, addresses and the subject matter of their testimony must be reported to opposing counsel as soon as they are known. This restriction shall not apply to a purely rebuttal or impeaching witness if necessity of the witness or the testimony cannot reasonably be anticipated before trial. Settlement Include a statement addressing whether or not all settlement efforts have been exhausted, the current settlement demand and offer, and whether the case can reasonably be expected to settle. Trial Include in this paragraph the following: (a) Whether trial will be Jury or Non-Jury; (b) Probable length of trial; and (c) Availability of witnesses. Additional Required Attachments Motions in Limine: State whether any party is filing a Motion in Limine. (All Motions in Limine must be filed along with the Pretrial Order.) The Court discourages “catch-all” motions in limine. Instead, motions in limine should be directed to specific issues in the case and should relate to relief that is actually opposed. For Jury Trials include the following: (a) Proposed questions for the venire panel. (b) Proposed jury instructions, definitions, and interrogatories. Each requested instruction, definition, and interrogatory must be numbered and presented on a separate sheet of paper with the citation and authority upon which counsel rely. (c) Memorandum of Law. For Non-Jury Trials include the following: (a) Proposed Findings of Fact. (b) Proposed Conclusions of Law. (c) Memorandum of Law. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION __________________________, Plaintiff, Civil Action No. _________________ Judge: George C. Hanks, Jr. Case Manager: Gabrielle Clair v. __________________________, Defendant. Proceeding: JOINT EXHIBIT LIST [or ___________________’s EXHIBIT LIST] NO. DESCRIPTION Offer Obj. DATE ADMIT DATE N/ADM UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION CIVIL ACTION NO. § § § § § § § § v JOINT TRIAL WORKSHEET To make efficient use of trial time, each party is to provide the following information: OPENING EVIDENCE Minutes Requested by Plaintiff ______________ Minutes Requested by Defendant ______________ In the order that they will be called, list the witnesses to be called, the general subject matter to be covered with that witness, and the amount of time expected for direct and cross examination. Witnesses who will be called by written or recorded deposition should be included in this section. Witness Name: Subject Matter: Time for Direct: Time for Cross: Witness Name: Subject Matter: Time for Direct: Time for Cross: Witness Name: Subject Matter: Time for Direct: Time for Cross: Witness Name: Subject Matter: Time for Direct: Time for Cross: Witness Name: Subject Matter: Time for Direct: Time for Cross: Witness Name: Subject Matter: Time for Direct: Time for Cross: Witness Name: Subject Matter: Time for Direct: Time for Cross: Witness Name: Subject Matter: Time for Direct: Time for Cross: Witness Name: Subject Matter: Time for Direct: Time for Cross: Witness Name: Subject Matter: Time for Direct: Time for Cross: CLOSING Minutes Requested by Plaintiff ______________ Minutes Requested by Defendant ______________ Provide any additional informational information that may impact the amount of time needed for trial of this case: ________________________________________________________________________ ________________________________________________________________________ __________________________________________________________________ Total Number of Hours and Minutes Estimated for Trial: by Plaintiff ______________ by Defendant ______________ Date filed: ________________________ _______________________________ COUNSEL FOR PLAINTIFF _______________________________ COUNSEL FOR DEFENDANT UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION CIVIL ACTION NO. § § § § § § § § v Consent to Proceed Before a Magistrate Judge All parties to this case waive their right to proceed before a district judge and consent to have a United States Magistrate Judge conduct all further proceedings, including the trial and judgment. 28 U.S.C. § 636(c). ________________________________ ________________________________ ________________________________ ________________________________ Order to Transfer It is ORDERED that this matter is transferred to United States Magistrate Judge Andrew M. Edison to conduct all further proceedings, including final judgment. Date: ____________ ______________________________________ George C. Hanks, Jr. United States District Judge

=== Joint Discovery/Case Management Plan ===

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ___________________________, Plaintiff(s), v. ___________________________, Defendant(s). § § § § § § § § § CIVIL ACTION NO. 4-CV-________ JOINT DISCOVERY/CASE MANAGEMENT PLAN UNDER RULE 26(f) FEDERAL RULES OF CIVIL PROCEDURE (Please restate the instruction before furnishing the information) 1. 2. 3. 4. 5. State where and when the meeting of the parties required by Rule 26(f) was held, and identify the counsel or self-represented litigant who attended for each party. NOTE: the Rule 26(f) meeting must be held in person, by phone, or by video. Email meetings are not permitted. List the cases related to this one that are pending in any state or federal court, with the case number and court, and state how the cases are related. Briefly describe what this case is about. Identify any issues as to service of process, personal jurisdiction, or venue. Federal jurisdiction. a. Specify the allegation of federal jurisdiction. b. Identify the parties, if any, who disagree with the plaintiff’s federal jurisdictional allegations, and state their reasons. c. If federal jurisdiction is based on diversity of citizenship and any of the parties is a limited liability entity, please state the citizenship of each of the members of the limited liability entity. When members of a limited liability entity are themselves entities or associations, citizenship must be traced through however many layers of members there are until arriving at the entity that is not a limited liability and identifying its citizenship. See Acadian Diagnostic Labs., L.L.C. v. Quality Toxicology, L.L.C., 965 F.3d 404, 408 fn.1 (5th Cir. 2020). 6. List anticipated additional parties that should be included, and by whom they are wanted. 7. 8. 9. 10. List anticipated interventions. Describe class-action or collective-action issues. State whether each party has made the initial disclosures required by Rule 26(a). If not, describe the arrangements that have been made to complete the disclosures and the dates. If the case includes a claim for attorneys’ fees, state whether the parties agree to submit the fees issue to the court for resolution on affidavits or declarations, after the other issues are resolved. 11. Describe the proposed discovery plan, including: A. B. Responses to the matters raised in Rule 26(f), including any agreements (and disputes) concerning electronic and other discovery. Any threshold issues—such as limitations, jurisdiction, or immunity—that should be scheduled for early resolution, what discovery targeted to those issues may need to occur early, and how long this targeted discovery will take. 12. Experts A. B. C. D. Are experts needed on issues other than attorneys’ fees? If medical experts are needed, identify whether they are only treating physicians or also designated on other issues. The date the party with the burden of proof on an issue will be able to designate experts and provide the reports required by Rule 26(a)(2)(B) The date the opposing party will be able to designate responsive experts and provide the reports required by Rule 26(a)(2)(B) 13. State the date discovery can reasonably be completed. 14. If the parties are not agreed on a part of the discovery plan, describe the separate views and proposals of each party. 15. Specify the discovery beyond initial disclosures that has been undertaken to date. 16. 17. Describe the possibilities for a prompt settlement or resolution of the case that were discussed in your Rule 26(f) meeting or have emerged since then. From the attorneys’ discussion with the clients, state the alternative dispute resolution techniques that are reasonably suitable and when they are likely to be effective in this case. 18. With the consent of all parties, United States Magistrate Judge Andrew Edison may preside and hear jury and non-jury trials. Indicate the parties’ joint position on a trial before Judge Edison. 19. State whether a jury demand has been made and if it was made on time. 20. Specify the number of hours it will likely take to present the evidence. 21. List pending motions that may be ruled on at the initial pretrial and scheduling conference. 22. List other pending motions. 23. List issues or matters, including discovery, that should be addressed at the conference. 24. Certify that all parties have filed Disclosure of Interested Parties as directed in the Order for Conference and Disclosure of Interested Parties, listing the date of filing for original and any amendments. DO NOT STATE THAT THE DISCLOSURE OF INTERESTED PARTIES WILL BE FILED IN THE FUTURE. Counsel for Plaintiff(s) Counsel for Defendant(s) Date Date

=== View Initial Discovery Protocols For Employment Cases Alleging Adverse Action ===

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION , Plaintiff(s), VS. , Defendant(s). CIVIL ACTION NO. ___________ § § § § § § § § § INITIAL DISCOVERY PROTOCOLS FOR EMPLOYMENT CASES ALLEGING ADVERSE ACTION PART I: INTRODUCTION In applicable employment cases alleging adverse action, this Court requires the parties to utilize the following Initial Discovery Protocols which have been endorsed by the Civil Rules Advisory Committee and are designed to achieve the goal of more efficient and targeted discovery. This discovery shall be responded to without objections (except attorney-client privilege and work product). These Initial Discovery Protocols are not intended to preclude or to modify the rights of any party for discovery as provided by the Federal Rules of Civil Procedure or other applicable local rules, but they are intended to supersede the parties’ obligations to make initial disclosures pursuant to F.R.C.P. 26(a)(l). The purpose of the initial protocols is to encourage parties and their counsel to exchange the most relevant information and documents early in the case, to assist in framing the issues to be resolved and to plan for more efficient and targeted discovery. These initial discovery protocols will apply to all employment cases that challenge one or more actions alleged to be adverse, except: i. Class actions ii. Cases in which the allegations involve only the following: 1. discrimination in hiring, 2. harassment/hostile work environment, 3. violations of wage and hour laws under The Fair Labor Standards Act (FLSA), 4. failure to provide reasonable accommodations under the Americans with Disabilities Act (ADA), 5. violations of the Family Medical Leave Act (FMLA), and 6. violations of the Employee Retirement Income Security Act (ERISA). Any party who believes that there is good cause why a particular case should be exempted, in whole or in part, from these protocols may seek exemption by motion. PART II: DEFINITIONS AND INSTRUCTIONS (1) The following definitions apply to cases proceeding under the Initial Discovery Protocols. a. Concerning. The term "concerning" means referring to, describing, evidencing, or constituting. b. Document. The terms "document" and "documents" are defined to be synonymous in meaning and equal in scope to the terms "documents" and "electronically stored information" as used in F.R.C.P. 34(a). c. Identify (Documents). When referring to documents, to "identify" means to give, to the extent known: (i) the type of document; (ii) the general subject matter of the document; (iii) the date of the document; (iv) the author(s), according to the document; and (v) the person(s) to whom, according to the document, the document (or a copy) was to have been sent; or, alternatively, to produce the document. d. Identify (Persons). When referring to natural persons, to "identify" means to give the person’s: (i) full name; (ii) present or last known address and telephone number; (iii) present or last known place of employment; (iv) present or last known job title; and (v) relationship, if any, to the plaintiff or defendant. Once a person has been identified in accordance with this subparagraph, only the name of that person need be listed in response to subsequent discovery requesting the identification of that person. (2) Instructions. a. For this Initial Discovery, the relevant time period begins three years before the date of the adverse action, unless otherwise specified. b. This Initial Discovery is not subject to objections except upon the grounds set forth in F.R.C.P. 26(b)(2)(B). 2 c. If a partial or incomplete answer or production is provided, the responding party shall state the reason that the answer or production is partial or incomplete. d. This Initial Discovery is subject to F.R.C.P. 26(e) regarding supplementation and F.R.C.P. 26(g) regarding certification of responses. e. This Initial Discovery is subject to F.R.C.P. 34(b)(2)(E) regarding form of production. PART III: PRODUCTION BY PLAINTIFF (1) Timing. The Plaintiff’s Initial Discovery shall be provided within 30 days after Defendant has submitted a responsive pleading or motion, unless the Court rules otherwise. (2) Documents that Plaintiff must produce to Defendant. a. All communications concerning the factual allegations or claims at issue in this lawsuit between Plaintiff and Defendant. b. Claims, lawsuits, administrative charges, and complaints by Plaintiff that rely upon any of the same factual allegations or claims as those at issue in this lawsuit. c. Documents concerning the formation and termination, if any, of the employment relationship at issue in this lawsuit, irrespective of the relevant time period. d. Documents concerning the terms and conditions of the employment relationship at issue in this lawsuit. e. Diary, journal, and calendar entries maintained by Plaintiff concerning the factual allegations or claims at issue in this lawsuit. f. Plaintiff’s current resume(s). g. Documents in the possession of Plaintiff concerning claims for unemployment benefits, unless production is prohibited by applicable law. h. Documents concerning: (i) communications with potential employers; (ii) job search efforts; and (iii) offer(s) of employment, job description(s), and income and benefits of subsequent employment. Defendant shall not contact or subpoena a prospective or current employer to discover information about Plaintiff’s claims without first providing Plaintiff 30 days’ notice and an opportunity to file a motion 3 for a protective order or a motion to quash such subpoena. If such a motion is filed, contact will not be initiated or the subpoena will not be served until the motion is ruled upon. i. Documents concerning the termination of any subsequent employment. j. Any other document(s) upon which Plaintiff relies to support Plaintiff’s claims. (3) Information that Plaintiff must produce to Defendant. a. Identify persons Plaintiff believes to have knowledge of the facts concerning the claims or defenses at issue in this lawsuit, and a brief description of that knowledge. b. Describe the categories of damages Plaintiff claims. c. State whether Plaintiff has applied for disability benefits and/or social security disability benefits after the adverse action, whether any application has been granted, and the nature of the award, if any. Identify any document concerning any such application. PART IV: PRODUCTION BY DEFENDANT (1) Timing. The Defendant’s Initial Discovery shall be provided within 30 days after Defendant has submitted a responsive pleading or motion, unless the Court rules otherwise. (2) Documents that Defendant must produce to Plaintiff. a. All communications concerning the factual allegations or claims at issue in this lawsuit among or between: i. Plaintiff and Defendant, and ii. Plaintiff’s manager(s), and/or supervisor(s), and/or Defendant’s human resources representative(s). b. Responses to claims, lawsuits, administrative charges, and complaints by Plaintiff that rely upon any of the same factual allegations or claims as those at issue in this lawsuit. c. Documents concerning the formation and termination, if any, of the employment relationship at issue in this lawsuit, irrespective of the relevant time period. 4 d. The Plaintiff’s personnel file, in any form, maintained by Defendant, including files concerning Plaintiff maintained by Plaintiffs supervisor(s), manager(s), or Defendant’s human resources representative(s), irrespective of the relevant time period. e. The Plaintiff’s performance evaluations and formal discipline. f. Documents relied upon to make the employment decision(s) at issue in this lawsuit. g. Workplace policies or guidelines relevant to the adverse action in effect at the time of the adverse action. Depending upon the case, those may include policies or guidelines that address: i. discipline, ii. termination of employment, iii. promotion, iv. discrimination, v. performance reviews or evaluations, vi. misconduct, vii. retaliation, and viii. nature of the employment relationship. h. The table of contents and index of any employee handbook, code of conduct, or policies and procedures manual in effect at the time of the adverse action. i. Job description(s) for the position(s) that Plaintiff held. j. Documents showing Plaintiff’s compensation and benefits. Those normally include retirement plan benefits, fringe benefits, employee benefit summary plan descriptions, and summaries of compensation. k. Agreements between Plaintiff and Defendant to waive jury trial rights or to arbitrate disputes. l. Documents concerning investigation(s) of any complaint(s) about Plaintiff or made by Plaintiff, if relevant to Plaintiff’s factual allegations or claims at issue in this lawsuit and not otherwise privileged. m. Documents in the possession of Defendant and/or Defendant’s agent(s) concerning claims for unemployment benefits unless production is prohibited by applicable law. 5 n. Any other document(s) upon which the defendant relies to support the defenses, affirmative defenses, and counterclaims, including any other document(s) describing the reasons for the adverse action. (3) Information that Defendant must produce to Plaintiff. a. Identify Plaintiff’s supervisor(s) and/or manager(s). b. Identify person(s) presently known to Defendant who were involved in making the decision to take the adverse action. c. Identify persons Defendant believes to have knowledge of the facts concerning the claims or defenses at issue in this lawsuit, and a brief description of that knowledge. d. State whether Plaintiff has applied for disability benefits and/or social security disability benefits after the adverse action. State whether Defendant has provided information to any third party concerning the application(s). Identify any documents concerning any such application or any such information provided to a third party. SIGNED at Galveston, Texas on this ____ day of _______________, _____. ________________________________ GEORGE C. HANKS, JR. UNITED STATES DISTRICT JUDGE 6

=== View Initial Discovery Protocols For Fair Labor Standards Act ===

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION , , Plaintiff(s), VS. Defendant(s). § § § § § § § § § CIVIL ACTION NO. ___________ INITIAL DISCOVERY PROTOCOLS FOR FAIR LABOR STANDARDS ACT CASES NOT PLEADED AS COLLECTIVE ACTIONS PART I: INTRODUCTION In FLSA cases not pleaded as collective actions, this Court requires the parties to utilize the following Initial Discovery Protocols which have been endorsed by the Civil Rules Advisory Committee and are designed to achieve the goal of more efficient and targeted discovery. This discovery shall be responded to without objections (except attorney-client privilege and work product). These Initial Discovery Protocols are not intended to preclude or to modify the rights of any party for discovery as provided by the Federal Rules of Civil Procedure or other applicable local rules, but they are intended to supersede the parties' obligations to make initial disclosures pursuant to F.R.C.P. 26(a)(l). The purpose of the initial protocols is to encourage parties and their counsel to exchange the most relevant information and documents early in the case, to assist in framing the issues to be resolved and to plan for more efficient and targeted discovery. PART II: DEFINITIONS AND INSTRUCTIONS (1) The following definitions apply to cases proceeding under the Initial Discovery Protocols. a. Concerning. The term “concerning” means referring to, describing, evidencing, or constituting. b. Document. The terms “document” and “documents” are defined to be synonymous in meaning and equal in scope to the terms “documents” and “electronically stored information” as used in F.R.C.P. 34(a). c. Identify (Documents). When referring to documents, to “identify” means to give, to the extent known: (i) the type of document; (ii) the general subject matter of the document; (iii) the date of the document; (iv) the author(s), according to the document; and (v) the person(s) to whom, according to the document, the document(or a copy) was to have been sent; or, alternatively, to produce the document. d. Identify (Persons). When referring to natural persons, to “identify” means to give the person’s: (i) full name; (ii) present or last known address and telephone number; (iii) present or last known place of employment; (iv) present or last known job title; and (v) relationship, if any, to the plaintiff or defendant. Once a person has been identified in accordance with this subparagraph, only the name of that person need be listed in response to subsequent discovery requesting the identification of that person. e. Defendant. Any person or entity alleged to be an employer or joint employer of the plaintiff(s) in the operative Complaint, unless otherwise specified. f. Plaintiff. Any named individual(s) alleging FLSA Claim(s) in the operative Complaint. (2) Instructions. a. For this Initial Discovery, the relevant time period begins two years before the date the initial Complaint was filed, or, if willfulness is alleged, three years. If Plaintiff alleges a shorter relevant time period, then that is the time period for Initial Discovery. b. For this Initial Discovery, the relevant time period continues through the last date for which Plaintiff seeks recovery or relief. c. This Initial Discovery is not subject to objections except for the reasons under FRCP 26(b)(2)(B) or on the grounds of privilege or work product. Documents withheld based on a claim of privilege or work product are subject to the provisions of FRCP 26(b)(5). d. If a partial or incomplete answer or production is provided, the responding party must state the reason that the answer or production is partial or incomplete. 2 e. This Initial Discovery is subject to FRCP 26(e) on supplementation and FRCP 26(g) on certification of responses. f. This Initial Discovery is subject to FRCP 34(b)(2)(E) on form of production. g. This Initial Discovery will be subject to the attached Interim Protective Order unless the parties agree or the court orders otherwise. The Interim Protective Order will remain in place only until the parties agree to or the court orders a different protective order. Absent agreement by the parties, the Interim Protective Order will not apply to subsequent discovery. h. Prior to the production of documents by either Party to the other pursuant to the Initial Discovery Protocols, the Parties will meet and confer regarding the format (e.g. TIFF/text, searchable .pdf, Excel) for such production. This will not delay the timeframes for Initial Discovery absent ruling by the court. PART III: PRODUCTION BY PLAINTIFF (1) Timing. The Plaintiff’s Initial Discovery must be provided within 30 days after Defendant has submitted a responsive pleading or motion, unless the court rules otherwise. (2) Documents that Plaintiff must produce to Defendant. a. Documents created or maintained by Plaintiff recording time worked. b. Documents created or maintained by Plaintiff recording wages or other compensation paid or unpaid by Defendant.1 c. If Plaintiff reported or complained internally to Defendant (including but not limited to supervisors or administrative departments, such as human resources, payroll, timekeeping or benefits) about the FLSA Claim(s), the report(s) or complaint(s) and any response that Defendant provided to Plaintiff. d. Any offer letters, employment agreements, or compensation agreements for Plaintiff. 1 This Initial Disclosure does not include personal tax returns or tax informational documents. 3 e. Any sworn statements from individuals with information relevant to the FLSA Claim(s). f. Documents that Plaintiff relies on to support a claim of willful violation. g. All other documents that Plaintiff relies on to support Plaintiff’s FLSA Claim(s). (3) Information that Plaintiff must produce to Defendant. a. Identify persons Plaintiff believes to have knowledge of the facts concerning the FLSA Claim(s) or defenses, and a brief description of that knowledge. b. Identify the start and end dates for the FLSA Claim(s); c. Plaintiff’s title or position and a brief description of Plaintiff’s job duties for the relevant time period. d. Describe the basis for the FLSA Claim(s). e. A computation of each category of damages claimed by Plaintiff, including (a) applicable dates, (b) amounts of claimed unpaid wages, and (c) the method used for computation (including applicable rates and hours). f. The names of Plaintiff’s supervisors during the relevant time period. g. If Plaintiff reported or complained about the FLSA Claim(s) to any government agency, the identity of each such agency, the date(s) or such reports or complaints, and the outcome or status of each report or complaint. h. If Plaintiff reported or complained to Defendant (including but not limited to supervisors or administrative departments such as human resources, payroll, timekeeping or benefits) about the any FLSA Claim(s), state whether the report or complaint was written or oral, when the report or complaint(s) was made, to whom any report or complaint(s) were made, and any response provided by Defendant. 4 PART IV: PRODUCTION BY DEFENDANT (1) Timing. The Defendant’s Initial Discovery must be provided within 30 days after Defendant has submitted a responsive pleading or motion, unless the court rules otherwise. (2) Documents that the Defendant must produce to the Plaintiff. a. Time and pay records created or maintained by Defendant for Plaintiff. b. If Plaintiff reported or complained internally to Defendant (including but not limited to supervisors or administrative departments, such as human resources, payroll, timekeeping or benefits) about the FLSA Claim(s), the report(s) or complaint(s) and any response that Defendant provided to Plaintiff. c. Any sworn statements from individuals with information relevant to the FLSA Claim(s). d. Documents that Defendant relies on to support a claim that any alleged violation was in good faith. e. Any offer letters, employment agreements, or compensation agreements for Plaintiff. f. Collective bargaining agreement(s) applicable to Plaintiff. g. The job description for the position(s) Plaintiff held during the relevant time period(s), if the job duties are at issue in the FLSA Claim(s). h. The Defendant’s policies, procedures, or guidelines for compensation that are relevant to the FLSA Claim(s). i. The cover page, table of contents, and index of any employee handbook, code of conduct, or employment policies and procedures manual pertaining to compensation or time worked. j. Any other documents Defendant relies on to support the defenses, affirmative defenses, and counterclaims to the FLSA Claim(s). 5 k. Any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment. (3) Information that Defendant must produce to Plaintiff. a. Provide the following information related to Plaintiff: 1. Start and end dates for work performed; 2. Work location(s); 3. Job title(s); 4. Employee or contractor identification number; 5. In cases alleging the misclassification of Plaintiff, the classification status of Plaintiff (i.e., exempt or non-exempt); 6. Immediate supervisor(s) and/or manager(s). b. If Defendant does not have a job description for Plaintiff, a brief description of Plaintiff’s job duties for the relevant time period(s), if the job duties are at issue in the FLSA Claim(s). c. Identify persons Defendant believes to have knowledge of the facts concerning the FLSA Claim(s) or defenses, and a brief description of that knowledge. d. If Plaintiff reported or complained to Defendant about the FLSA Claim(s), whether the report(s) or complaint(s) were written or oral, when the report(s) or complaint(s) were made, to whom any report(s) or complaint(s) were made, and any response(s) provided by Defendant. SIGNED at Galveston, Texas on this ____ day of _______________, _____. ________________________________ ANDREW M. EDISON UNITED STATES MAGISTRATE JUDGE 6

=== View Initial Discovery For First Party Insurance Property Damage Cases ===

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION , Plaintiff(s), VS. , Defendant(s). § § § § § § § § § CIVIL ACTION NO. ___________ INITIAL DISCOVERY PROTOCOLS FOR FIRST-PARTY INSURANCE PROPERTY DAMAGE CASES ARISING FROM DISASTERS PART I: INTRODUCTION AND DEFINITIONS (1) Statement of purpose. a. These Disaster Litigation Initial Discovery Protocols (“Disaster Protocols”) apply to cases involving first-party insurance property damage claims arising from man- made or natural disasters (“Disaster Cases”). The Disaster Protocols are designed to be implemented by trial judges, lawyers, and litigants in state and federal courts. The Disaster Protocols make it easier and faster for the parties and their counsel to: (1) exchange important information and documents early in the case; (2) frame the issues to be resolved; (3) value the claims for possible early resolution; and (4) plan for more efficient and targeted subsequent formal discovery, if needed. b. Participating courts may implement the Disaster Protocols by local rule or by standing, general or individual-case orders. Although the Disaster Protocols are designed for the full range of case size and complexity, if any party believes that there is good cause why a case should be exempted, in whole or in part, from the Disaster Protocols, that party may raise the issue with the court. c. The Federal Rules of Civil Procedure (“FRCP”) referred to in this Order apply to Disaster Cases in federal court. The state-law counterparts to the FRCP referred to in this Order apply to cases in state court, unless the court orders otherwise. d. The Disaster Protocols are intended to supersede the parties’ obligations to make initial disclosures under FRCP 26(a)(1), or under the applicable state disclosure rules, for Disaster Cases. The Disaster Protocols are not intended to preclude or modify any party’s rights to formal discovery as provided by those rules, other applicable local federal rules, or state rules. Responses to the Disaster Protocols do not waive or foreclose a party’s right to seek additional discovery under the applicable rules. e. The Disaster Protocols were prepared by a balanced group of highly experienced attorneys from across the country with expertise in disaster-related property insurance cases. The Disaster Protocols require parties to exchange information and documents routinely requested in every Disaster Case (“Initial Discovery”). The Initial Discovery is unlike initial disclosures under FRCP 26(a)(1) because it include favorable as well as unfavorable information and documents, is limited to information and documents that are not subject to objection, and is limited to the information and documents most likely to be important and useful in facilitating early settlement discussion and resolving or narrowing the issues requiring further litigation. (2) Definitions. The following definitions apply to cases under the Disaster Protocols. a. Claimed Loss. “Claimed Loss” means the loss or damage that the Insured seeks to recover from the Insurer in the litigation. b. Document. “Document” and “documents” are defined to be synonymous in meaning and equal in scope to the phrase “documents or electronically stored information” in FRCP 34(a)(1)(A). A draft of a document or a nonidentical copy is a separate document. c. Event. “Event” means the disaster alleged to have caused the Insured’s Claimed Loss. d. Identify (Documents). When referring to documents, to “identify” means to describe, to the extent known: (i) the type of document; (ii) the general subject matter; (iii) the date; (iv) the author(s), according to the document; and (v) the person(s) to whom, according to the document, the document (or a copy) was to have been sent. Alternatively, to “identify” a document means to produce a copy. e. Identify (Natural Persons). When referring to natural persons, to “identify” means to give the person’s: (i) full name; (ii) present or last known address and telephone number; (iii) email address; (iv) present or last known place of employment; (v) present or last known job title; and (vi) relationship, if any, to the parties. Once a person has been identified in accordance with this subparagraph, only the name of that person need be listed in response to subsequent requests to identify that person. f. Identify (Non-Natural Persons or Entities). When referring to a corporate entity, partnership, or other unincorporated association, to “identify” means to give the: (i) corporate or entity name and, if known, the trade or other names under which it has done business during the relevant time period; (ii) state of incorporation or registration; (iii) address of its principal place of business; and (iv) primary phone number and internet address. Once a corporate or other business entity has been identified in accordance with this subparagraph, only the name of that entity needs be listed in response to subsequent requests to identify that entity. g. Insurer. “Insurer” means any person or entity alleged to have insured the Property that is the subject of the operative complaint, unless otherwise specified. h. Insured. “Insured” means any named individual(s), corporate entity(ies), partnership(s), or other unincorporated association(s) alleging property damage as an Insured in the litigation, or asserting a claim under an assignment. i. Loss. “Loss” means damage to the Property caused by the Event. j. NFIP Claim. “NFIP Claim” means a claim the Insured asserts in the litigation for coverage under a National Flood Insurance Program insurance policy. k. Other Insurance. “Other Insurance” means any insurance policy, other than the Policy in force on the date of the Event, that covers or potentially covers the Property or the Claimed Loss. l. Policy. “Policy” means the insurance policy alleged to cover some or all of Insured’s Claimed Loss that is the subject of the Insured’s claim in the litigation. m. Property. “Property” means the property (building or contents) that the Insured claims coverage for under the Policy in the litigation. n. Relating to. “Relating to” means concerning, referring, describing, evidencing, or constituting. (3) Instructions. a. The relevant time period for this Initial Discovery begins on the date immediately before the Event and ends on the date the Insurer has filed a responsive pleading or motion, unless a different time period is indicated with respect to a specific production obligation as set out in Part 2 or Part 3 below. b. This Initial Discovery is presumptively not subject to any objections except for attorney-client privilege or work-product protection, including a joint defense agreement. Documents withheld based on a privilege or work-product protection claim are subject to FRCP 26(b)(5) or applicable state rules. A detailed privilege log is not required. Instead, documents withheld as privileged or work-product protected communications may be described briefly by category or type. Withholding documents on this basis does not alleviate any obligation to produce the withheld documents or additional information about them at a later date, if the court orders or the applicable rules require. c. If a partial or incomplete or “unknown at this time” answer or production is given to any disclosure requirement in these Disaster Protocols, the responding party must state the reason that the answer or production is partial, incomplete, or unknown and when supplemental information or documents providing a complete response will be produced. d. For this Initial Discovery, a party must disclose information and documents that the disclosing party has in its possession, custody, or control and that are reasonably available. This Initial Discovery is subject to FRCP 26(e) on supplementation, to FRCP 26(g) on certification of responses, and to similar applicable state rules. This Initial Discovery does not preclude either party from seeking additional discovery under the rules at a later date. e. This Initial Discovery is subject to FRCP 34(b)(2)(E) or applicable state rules on the form of production. f. This Initial Discovery is subject to the attached Standing Protective Order unless the parties agree or the court orders otherwise. The Standing Protective Order will remain in place until and unless the parties agree on, or the court orders, a different protective order. Absent party agreement or court order, the Standing Protective Order does not apply to subsequent discovery. g. Within 14 days after the entry of this Order, the Parties will meet and confer on the format (e.g., TIFF/text, searchable .pdf, or Excel) for the production of documents under these Initial Discovery Disaster Protocols. This will not delay the timeframes for Initial Discovery, absent court order. Nor will production in one format preclude requesting production in another format, if applicable rules of discovery allow. PART II: INFORMATION AND DOCUMENTS TO BE PRODUCED BY THE INSURED. (1) Timing. The Insured’s Initial Discovery responses must be provided within 45 days after the Insurer has submitted a responsive pleading or motion, unless the court orders otherwise. (2) Information to be produced by the Insured: a. A description of the Insured’s ownership or other interest in the Property. b. The address of the Property (or location of movable Property) on the date of the Event. c. The name of each Insurer and all policy numbers for each Policy or Other Insurance held by or potentially benefitting the Insured or the Property on the date of the loss, including relevant policy and claim numbers for any claims. d. Identify any current mortgage or other known lien holder. e. A computation of each item or type of Claimed Loss, including content claims if in dispute. When the Policy requires, the computation should reasonably identify or itemize price and quantity of materials. f. Identify any payments received under the Policy relating to the Event. g. Identify the source and amount of any payments received after the Event from Other Insurance, or any other source, for all or any part of the Loss. h. Identify any grant or other similar program that the Insured applied for after the Event, including a Small Business Administration loan, seeking payment for all or any part of the Loss. i. Identify the public or other adjusters, estimators, inspectors, contractors, engineers, or other persons engaged by or on behalf of the Insured relating to the Claimed Loss. j. With respect to any Other Insurance, all policy numbers, the name of each insurer, and claim and docket numbers for any claims made for coverage by the Insured on the same Property at issue in this litigation. 7 k. A general description, including the court and docket number, of any other lawsuits arising from the Event relating to the Property. l. A general description of any known preexisting damage to the Property relating to the Claimed Loss. m. A general description of any claims for property damage or lawsuits resulting from property damage in the past ten years relating to the Property . n. Identify any sale, transfer, or foreclosure of the Property after the Event. (3) Documents to be produced by the Insured: a. Documents relating to the Claimed Loss, including: any loss estimates; adjuster’s reports; engineering reports; contractor’s reports; estimates, bids, plans, or specifications regarding repair work (whether planned, in progress, or completed); photographs; videos; or other materials relating to the Claimed Loss, along with any receipts, invoices, and other records of actual costs to repair or replace the Claimed Loss. b. Proofs of loss for the Claimed Loss. c. Documents relied on by the Insured in generating any proof of loss required or provided under the Policy. d. Written communications exchanged between the Insured and Insurer that refer or relate to Insured’s Claimed Loss, the Property, or damages, or otherwise relating to the Insured’s claim. e. Photographs and videos of the Property taken for the purpose of documenting the condition of the Property, including photographs and videos of the Loss. f. Written communications, photographs, or estimates of damages sought from or paid by any other insurer related to the Event. g. The insurance policy with respect to any Other Insurance, and the claim numbers for claims made to recover Loss to the Property relating to the Event. h. Appraisals or surveys of the Property condition within five years before, or any time after, the Event. i. If there has been an appraisal under the Policy, documents relating to the appraisal process. 8 j. For NFIP Claims, communications to and from FEMA, the Insurer, and the Insured relating to the Claimed Loss or the Property before the litigation was filed. k. For NFIP Claims, documents relating to an administrative appeal under 44 C.F.R. § 62.20. l. Any other document(s) on which the Insured relies to support the Claimed Loss. PART III: INFORMATION AND DOCUMENTS TO BE PRODUCED BY THE INSURER. (1) Timing. The Insurer’s Initial Discovery responses must be provided within 45 days after the Insurer has submitted a responsive pleading or motion, unless the court rules otherwise. (2) Information to be produced by the Insurer: a. If there is a dispute over coverage, in whole or in part, an explanation of the Insurer’s reason for the denial of coverage, including: i. Any exclusions or exceptions, or other coverage or legal defenses; ii. The factual basis for any exclusion, limitation, exception, or condition- based dispute or defense; iii. Whether there is also a dispute as to the value or amount of the Claimed Loss; iv. Any other basis on which coverage was denied. b. If there is a dispute over all or part of the valuation, an explanation of the Insurer’s basis for disputing the value or amount of the Claimed Loss, including: i. The Insurer’s understanding of the nature of the dispute; ii. The amount the Insurer disputes and the basis for that dispute, including any applicable Policy provisions that the Insurer alleges or believes are relevant to the dispute; and iii. The amount the Insurer agrees to pay, if any, with respect to any undisputed part of the Claimed Loss. c. Any Policy terms or conditions that the Insurer alleges the Insured failed to comply with, including conditions precedent or other terms. d. Any payments previously made under the Policy relating to the Event. 9 e. A general description of any other basis for nonpayment of the Claimed Loss, in whole or in part. f. Any other Event-related lawsuits filed for the Property or the Insured. g. Identify the adjuster(s) who handled the claim. h. Identify the individual(s) who recommended, made, approved, or rejected the claim decision. i. Identify the estimators, inspectors, contractors, engineers, or other persons who participated in the claims process or on whom the Insurer relied in making its claim decision. j. If preexisting damage is at issue in the litigation, a general description of any prior claims in the past ten years for the Property. (3) Documents to be produced by the Insurer: a. The claim file maintained by the Insurer. b. The complete Policy in effect at the time of the Event. c. Assessments of the Claimed Loss, including: loss reports, expert reports that contain any description or analysis of the scope of loss or any defenses under the Policy, damage assessments, adjuster’s reports, engineering reports, contractor’s reports, and estimates of repair or replacement. d. Photographs and videos taken of the Property taken for the purpose of documenting the condition of the Property, including photographs and videos of the Claimed Loss. e. Any other evaluations of the Claimed Loss. f. Documents containing transcripts, or notes of statements, conversations, or communications by or between the Insurer and the Insured relating to the Event. recordings, g. Any claim log, journal, or diary maintained by the Insurer relating to the Claimed Loss. h. The complete underwriting file maintained by the Insurer relating to the Property, its condition, or coverage. 10 i. Proofs of loss for the Claimed Loss. j. If there has been an appraisal under the Policy documents relating to the appraisal process. k. For non-NFIP Claims, written communications exchanged between the Insured and Insurer that refer or relate to Insured’s Claimed Loss, Property, or damages, or otherwise relating to the Insured’s claim. l. For NFIP Write Your Own Claims, communications to and from FEMA, the Insurer, and the Insured relating to the Claimed Loss or the Property before the litigation was filed. m. For NFIP Direct Claims, written communications exchanged between the Insured and FEMA claims-handling personnel referring to the Insured’s Claimed Loss, Property, or damages, or otherwise relating to the Insured’s claim. n. For all NFIP Claims, documents relating to the administrative appeal under 44 C.F.R. § 62.20. o. Any other document(s) on which the Insurer relies to support its defenses. SIGNED at Galveston, Texas on this ____ day of _______________, _____. ________________________________ GEORGE C. HANKS, JR. UNITED STATES DISTRICT JUDGE 11

=== View Standing Protective Order ===

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION STANDING PROTECTIVE ORDER 1. This Standard Protective Order shall apply to information, documents, excerpts from documents, and other materials produced in this action pursuant to Federal Rules of Civil Procedure governing disclosure and discovery. 2. 3. 4. Information, documents, and other materials may be designated by the producing party in the manner permitted (“the Designating Person”). All such information, documents, excerpts from documents, and other materials will constitute “Designated Material” under this Order. The designation shall be either (a) “CONFIDENTIAL” or (b) “CONFIDENTIAL-ATTORNEYS’ EYES ONLY.” This Order shall apply to Designated Material produced by any party or third-party in this action. “CONFIDENTIAL” information means information, documents, or things that have not been made public by the disclosing party and that the disclosing party reasonably and in good faith believes contains or comprises (a) trade secrets, (b) proprietary business information, or (c) information implicating an individual’s legitimate expectation of privacy. “CONFIDENTIAL-ATTORNEY’S EYES ONLY” means CONFIDENTIAL information that the disclosing party reasonably and in good faith believes is so highly sensitive that its disclosure to a competitor could result in significant competitive or commercial disadvantage to the designating party. 5. Designated Material shall not be used or disclosed for any purpose other than the litigation of this action and may be disclosed only as follows: a. Parties: Material designated “CONFIDENTIAL” may be disclosed to parties to this action or directors, officers and employees of parties to this action, who have a legitimate need to see the information in connection with their responsibilities for overseeing the litigation or assisting counsel in preparing the action for trial or settlement. Before Designated Material is disclosed for this purpose, each such person must agree to be bound by this Order by signing a document substantially in the form of Exhibit A. b. Witnesses or Prospective Witnesses: Designated Material, including material designated “CONFIDENTIAL-ATTORNEYS’ EYES ONLY,” may be disclosed to a witness or prospective witness in this action, but only for purposes of testimony or preparation of testimony in this case, whether at trial, hearing, or deposition, but it may not be retained by the witness or prospective witness. Before Designated Material is disclosed for this purpose, each such person must agree to be bound by this Order, by signing a document substantially in the form of Exhibit A. c. Outside Experts: Designated Material, including material designated “CONFIDENTIAL -ATTORNEYS’ EYES ONLY,” may be disclosed to an outside expert for the purpose of obtaining the expert’s assistance in the litigation. Before Designated Material is disclosed for this purpose, each such person must agree to be bound by this Order, by signing a document substantially in the form of Exhibit A. d. Counsel: Designated Material, designated “CONFIDENTIAL-ATTORNEYS’ EYES ONLY,” may be disclosed to counsel of record and in-house counsel for parties to this action and their associates, paralegals, and regularly employed office staff. including material e. Other Persons: Designated Material may be provided as necessary to copying services, translators, and litigation support firms. Before Designated Material is disclosed to such third parties, each such person must agree to be bound by this Order by signing a document substantially in the form of Exhibit A. 6. Prior to disclosing or displaying any Designated Material to any person, counsel shall: a. Inform the person of the confidential nature of the Designated Material; and b. Inform the person that this Court has enjoined the use of the Designated Material by him/her for any purpose other than this litigation and has enjoined the disclosure of that information or documents to any other person. 7. The confidential information may be displayed to and discussed with the persons identified in Paragraphs 5(b) and (c) only on the condition that, prior to any such display or discussion, each such person shall be asked to sign an agreement to be bound by this Order in the form attached hereto as Exhibit A. In the event such person refuses to sign an agreement in substantially the form attached as Exhibit A, the party desiring to disclose the confidential information may seek appropriate relief from the Court. 8. A person having custody of Designated Material shall maintain it in a manner that limits access to the Designated Material to persons permitted such access under this Order. 9. Counsel shall maintain a collection of all signed documents by which persons have agreed to be bound by this Order. 10. Documents shall be designated by stamping or otherwise marking the documents with the words “CONFIDENTIAL” or “CONFIDENTIAL-FOR ATTORNEYS’ EYES ONLY” thus clearly identifying the category of Designated Material for which protection is sought under the terms of this Order. Designated Material not reduced to documentary form shall be designated by the producing party in a reasonably equivalent way. 11. The parties will use reasonable care to avoid designating as confidential documents or information that does not need to be designated as such. 12. A party may submit a request in writing to the party who produced Designated Material that the designation be modified or withdrawn. If the Designating Person does not agree to the redesignation within fifteen business days, the objecting party may apply to the Court for relief. Upon any such application, the burden shall be on the Designating Person to show why the designation is proper. Before serving a written challenge, the objecting party must attempt in good faith to meet and confer with the Designating Person in an effort to resolve the matter. The Court may award sanctions if it finds that a party’s position was taken without substantial justification. 13. Deposition transcripts or portions thereof may be designated either (a) when the testimony is recorded, or (b) by written notice to all counsel of record, given within ten business days after the Designating Person’s receipt of the transcript in which case all counsel receiving such notice shall be responsible for marking the copies of the designated transcript or portion thereof in their possession or control as directed by the Designating Person. Pending expiration of the ten business days, the deposition transcript shall be treated as designated. When testimony is designated at a deposition, the Designating Person may exclude from the deposition all persons other than those to whom the Designated Material may be disclosed under paragraph 5 of this Order. Any party may mark Designated Material as a deposition exhibit, provided the deposition witness is one to whom the exhibit may be disclosed under paragraph 5 of this Order and the exhibit and related transcript pages receive the same confidentiality designation as the original Designated Material. 14. Any Designated Material which becomes part of an official judicial proceeding or which is filed with the Court is public. Such Designated Material will be sealed by the Court only upon motion and in accordance with applicable law. This Protective Order does not provide for the automatic sealing of such Designated Material. If it becomes necessary to file Designated Material with the Court, a party must move to file the Designated Material under seal. 15. Filing pleadings or other papers disclosing or containing Designated Material does not waive the designated status of the material. The Court will determine how Designated Material will be treated during trial and other proceedings as it deems appropriate. 16. Upon final termination of this action, all Designated Material and copies thereof shall be returned promptly (and in no event later than forty-five (45) days after entry of final judgment), returned to the producing party, or certified as destroyed to counsel of record for the party that produced the Designated Material, or, in the case of deposition testimony regarding designated exhibits, counsel of record for the Designating Person. Alternatively, the receiving party shall provide to the Designating Person a certification that all such materials have been destroyed. 17. Inadvertent production of confidential material prior to its designation as such in accordance with this Order shall not be deemed a waiver of a claim of confidentiality. Any such error shall be corrected within a reasonable time. 18. Nothing in this Order shall require disclosure of information protected by the attorney-client privilege, or other privilege or immunity, and the inadvertent production of such information shall not operate as a waiver. If a Designating Party becomes aware that it has inadvertently produced information protected by the attorney-client privilege, or other privilege or immunity, the Designating Party will promptly notify each receiving party in writing of the inadvertent production. When a party receives notice of such inadvertent production, it shall return all copies of inadvertently produced material within three business days. Any notes or summaries referring or relating to any such inadvertently produced material subject to claim of privilege or immunity shall be destroyed forthwith. Nothing herein shall prevent the receiving party from challenging the propriety of the attorney-client privilege or work product immunity or other applicable privilege designation by submitting a challenge to the Court. The Designating Party bears the burden of establishing the privileged nature of any inadvertently produced information or material. Each receiving party shall refrain from distributing or otherwise using the inadvertently disclosed information or material for any purpose until any issue of privilege is resolved by agreement of the parties or by the Court. Notwithstanding the foregoing, a receiving party may use the inadvertently produced information or materials to respond to a motion by the Designating Party seeking return or destruction of such information or materials. If a receiving party becomes aware that it is in receipt of information or materials which it knows or reasonably should know is privileged, Counsel for the receiving party shall immediately take steps to (i) stop reading such information or materials, (ii) notify Counsel for the Designating Party of such information or materials, (iii) collect all copies of such information or materials, (iv) return such information or materials to the Designating Party, and (v) comport themselves with the applicable provisions of the Rules of Professional Conduct. 19. The foregoing is entirely without prejudice to the right of any party to apply to the Court for any further Protective Order relating to Designated Material; or to object to the production of Designated Material; or to apply to the Court for an order compelling production of Designated Material; or for modification of this Order; or to seek any other relief from the Court. 20. The restrictions imposed by this Order may be modified or terminated only by further order of the Court. IT IS SO ORDERED, _____________ DATE _____________________________________ ANDREW M. EDISON UNITED STATES MAGISTRATE JUDGE EXHIBIT A I have been informed by counsel that certain documents or information to be disclosed to me in connection with the matter entitled___________________________ ______________________________ have been designated as confidential. I have been informed labeled “CONFIDENTIAL PRODUCED PURSUANT TO PROTECTIVE ORDER” are confidential by Order of the Court. that any such documents or information I hereby agree that I will not disclose any information contained in such documents to any other person. I further agree not to use any such information for any purpose other than this litigation. _________________________ DATED: _________________________