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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NOTICE OF ASSIGNMENT OF CASE TO A UNITED STATES MAGISTRATE JUDGE FOR TRIAL Pursuant to the Court’s January 2, 2015 General Order for Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, this case has been randomly assigned to a magistrate judge. Pursuant to 28 U.S.C. § 636(c), with written consent of all parties, the assigned magistrate judge may conduct all proceedings in this case, including all pretrial and trial proceedings, and the magistrate judge may enter judgment and resolve any post-trial motions. If the parties consent unanimously to dispositive jurisdiction by the magistrate judge, then any appellate challenge to the final judgment or to any interlocutory order in this case shall be made directly to the United States Court of Appeals for the Eleventh Circuit. You must complete the attached form to indicate whether you consent to proceed before the assigned magistrate judge or decline to proceed before the assigned magistrate judge. You may complete the form electronically and submit it by logging into CM/ECF at the following web address: https://ecf.alnd.uscourts.gov. When you submit the form electronically, it will be delivered directly to the Clerk of Court; it will not be filed on the docket sheet, and no judge will have access to the form. Alternatively, you may print the form, complete it manually, and submit the form to the Clerk’s Office. You may withhold consent without adverse consequences. If you are the plaintiff or the removing party in this case, you must file your consent/declination form within 45 days of receipt of this notice. Each other party must file its consent/declination form within 45 days of appearing in this case. Only the Clerk of Court shall review the parties’ consent/declination forms. If all parties have not provided written consent to magistrate judge jurisdiction within 45 days after either (1) the last served defendant has filed an answer, (2) a defendant has filed a motion to dismiss, or (3) a plaintiff has filed a motion to remand, whichever occurs first, then the Clerk shall reassign the case to a district judge. The plaintiff or removing party must serve a copy of this notice upon all other parties to this action with the summons and complaint or upon receipt of this notice, whichever comes first. SHARON N. HARRIS CLERK OF COURT UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA Choose an item. DIVISION Plaintiff(s)., Plaintiffs v. Defendant(s)., Defendants. } } } } } } } } } Case No.: Case Number. CONSENT OR DECLINATION TO MAGISTRATE JUDGE JURISDICTION INSTRUCTIONS: Please indicate below by checking one of the two boxes whether you (if you are the party) or the party you represent (if you are an attorney in the case) choose(s) to consent or decline magistrate judge jurisdiction in this matter. Sign this form below your selection. ☐ Consent to Magistrate Judge Jurisdiction In accordance with the provisions of 28 U.S.C. § 636(c), I voluntarily consent to have a United States magistrate judge conduct all further proceedings in this case, including trial and entry of final judgment. I understand that appeal from the judgment shall be taken directly to the United States Court of Appeals for the Eleventh Circuit. OR ☐ Decline Magistrate Judge Jurisdiction In accordance with the provisions of 28 U.S.C. § 636(c), I decline to have a United States magistrate judge conduct all further proceedings in this case and I hereby request that this case be reassigned to a United States district judge. DATE: Insert Date., 20 Year. NAME: Name. COUNSEL FOR (OR “PRO SE”): Name. Signature

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NOTICE OF ASSIGNMENT OF SOCIAL SECURITY APPEAL TO A UNITED STATES MAGISTRATE JUDGE Pursuant to the Court’s January 2, 2015 General Order for Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, this social security appeal has been randomly assigned to a magistrate judge. Pursuant to 28 U.S.C. § 636(c), with written consent of all parties, the assigned magistrate judge may conduct all proceedings in this case, including entry of final judgment and resolution of any post-judgment motions. If the parties consent unanimously to dispositive jurisdiction by the magistrate judge, then any appellate challenge to the final judgment or to any interlocutory order in this case shall be made directly to the United States Court of Appeals for the Eleventh Circuit. You MUST complete the attached form to indicate whether you consent to proceed before the assigned magistrate judge or decline to proceed before the assigned magistrate judge. You may complete the form electronically and submit it by logging into CM/ECF at the following web address: https://ecf.alnd.uscourts.gov. When you submit the form electronically, it will be delivered directly to the Clerk of Court; it will not be filed on the docket sheet, and no judge will have access to the form. Alternatively, you may print the form, complete it manually, and submit the form to the Clerk’s Office. You may withhold consent without adverse consequences. In the event fewer than all of parties elect to consent, the clerk will not inform any of the judges of the identity of the non- consenting party/parties. If all parties do not consent, this matter will be reassigned to a randomly drawn district judge for all further proceedings after the magistrate judge files a report and recommendation concerning disposition of this matter. GREER M. LYNCH CLERK OF COURT UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA DIVISION ., Plaintiffs v. Social Security Administration, Commissioner., Defendants. } } } Case No.: } } CONSENT OR DECLINATION TO MAGISTRATE JUDGE } } JURISDICTION } } INSTRUCTIONS: Please indicate below by checking one of the two boxes whether you (if you are the party) or the party you represent (if you are an attorney in the case) choose(s) to consent or decline magistrate judge jurisdiction in this matter. Sign this form below your selection. □ Consent to Magistrate Judge Jurisdiction In accordance with the provisions of 28 U.S.C. § 636(c), I voluntarily consent to have a United States magistrate judge conduct all further proceedings in this case, including trial and entry of final judgment. I understand that appeal from the judgment shall be taken directly to the United States Court of Appeals for the Eleventh Circuit. OR □ Decline Magistrate Judge Jurisdiction In accordance with the provisions of 28 U.S.C. § 636(c), I decline to have a United States magistrate judge conduct all further proceedings in this case and I hereby request that this case be reassigned to a United States district judge. DATE: Insert Date., 20 Year. NAME: Name. COUNSEL FOR (OR “PRO SE”): Name. Signature

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA Choose an item. DIVISION Plaintiff(s)., Plaintiff(s) vs. Defendant(s)., Defendant(s Case No. Case Number. O R D E R The Court SETS a telephone status conference for [TIME] on [DATE APPROXIMATELY 30 DAYS FROM TRIGGERING EVENT]. The Court DIRECTS the parties to dial 877-336-1829 and enter access code 1205409 to participate in the status conference. If all parties submit an executed consent form before the date of the status conference, the Court will cancel the status conference. DONE and ORDERED this ____ day of _____, 20___. HERMAN N. JOHNSON, JR. UNITED STATES MAGISTRATE JUDGE

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA Choose an item. DIVISION Plaintiff(s)., Plaintiff(s) vs. Defendant(s)., Defendant(s Case No. Case Number. O R D E R On [DATE OF TRIGGERING EVENT] the [PARTY] filed a[n] [MOTION TO DISMISS, MOTION TO REMAND, or ANSWER]. (Doc. Document Number.). Pursuant to the General Order For Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the parties are hereby notified that, unless they unanimously consent to the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. § 636(c) by no later than [DATE 45 DAYS AFTER DATE OF TRIGGERING EVENT], the case will be reassigned to a randomly-drawn district judge for all purposes. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case without further order after [DATE 45 DAYS AFTER DATE OF TRIGGERING EVENT]. The parties are directed to use the magistrate judge consent form on the CM/ECF system to elect or decline the exercise of magistrate judge jurisdiction. Unlike in the past, a party can now complete the consent form electronically and submit it through the Court’s CM/ECF filing system at the following web address: https://ecf.alnd.uscourts.gov. If a party submits the form electronically, the form will be delivered directly to the Clerk. It will not be filed on the docket sheet, and no judge will have access to the form. Alternatively, a party may print the form, complete it manually, and submit it to the Clerk’s office. A failure to complete the form and submit it, either electronically or manually, to the Clerk will result in the case being reassigned after [DATE 45 DAYS AFTER DATE OF TRIGGERING EVENT]. You may withhold consent without adverse consequences. The identity of any party who consents to magistrate judge jurisdiction will remain unknown to the undersigned unless consent is unanimous. The undersigned will only learn of a party’s election to consent where all parties have consented. In the event fewer than all parties elect to consent, the Clerk will not inform the undersigned of the identity of the non-consenting party/parties. If all parties consent, a magistrate judge will exercise full and final dispositive jurisdiction, and all appeals will lie directly with the appropriate United States Court of Appeals. Page 2 of 3 DONE and ORDERED this __ day of _____, 20__. HERMAN N. JOHNSON, JR. UNITED STATES MAGISTRATE JUDGE Page 3 of 3

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA Choose an item. DIVISION Plaintiff(s)., Plaintiff(s) vs. Defendant(s)., Defendant(s Case No. Case Number. INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS1 I. Compliance with Rule 26 If the parties have not conducted a conference pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, the parties must confer no later than twenty-one (21) days after the entry date of this order. During the Rule 26(f) conference, the parties’ discussions shall cover the following topics: • the nature and basis of the claims and defenses and the possibility of a prompt settlement or resolution of the case through formal mediation or informal settlement negotiations; 1 This Order, along with Judge Johnson’s other standard orders in civil cases, is available at http://www.alnd.uscourts.gov/content/magistrate-judge-herman-n-johnson-jr. The Local Rules of this court may be accessed at http://www.alnd.uscourts.gov. The court assumes that each attorney and pro se party who appears in this case has read the Local Rules and is prepared to comply with them. • • • arrangements for providing initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1); a proposed discovery plan, including deadlines for the matters addressed in sub-paragraphs (1) through (4) of Fed. R. Civ. P. 26(f) and a protocol to govern the search and production of electronically stored information; and the need for a protective order for disclosure of “protected health information.”2 If the parties are unable to agree upon a date, time, or place for the Rule 26(f) conference, the parties are ORDERED to file a joint notice with the court. Within 14 days of the Rule 26(f) meeting, the parties must file a joint report of their planning meeting. The report should include a brief description of the nature of the case; an indication of the parties’ assessment of the complexity of the case; proposed deadlines for amending the pleadings, joining additional parties, discovery, and dispositive motions; and a statement regarding the parties’ initial interest in alternative dispute resolution (ADR). Should the parties disagree about an item, the positions of the parties as to that item should be clearly set forth in separate paragraphs. 2 If the court’s standard HIPAA protective order is required, the parties may indicate this in their joint report of planning meeting. If the parties require a HIPAA order tailored to the case, the moving party should email a proposed draft order to the chambers’ email address (see Paragraph III.C, below) upon the filing of a motion. Page 2 of 10 II. Discovery The parties may commence discovery pursuant to the terms of Federal Rule of Civil Procedure 26. In cases removed from state court in which discovery requests were filed before removal, those discovery requests shall be deemed filed on the date the parties file their Rule 26 report. The parties are instructed to review Local Rule 5.3 regarding the non-filing of discovery materials in civil cases. Prior to filing any motion regarding a discovery dispute, the moving party must serve the opposing party with a letter identifying each issue and/or discovery request in dispute, stating the moving party’s position with respect to each such issue and/or request, and specifying the terms of the discovery order to be sought. Thereafter, counsel for the parties shall confer in person in a good faith effort to resolve the dispute in whole or part without court intervention. In the event the offices of the parties’ counsel are located in different counties, they may attempt to resolve the dispute via telephone conference rather than in person. After conferring with each other, but before filing a motion to compel, the parties may request a conference with the undersigned, if they believe a conference may resolve their dispute without resort to a motion. If the parties are unable to resolve their discovery dispute, they shall prepare a joint stipulation to be filed simultaneously with a motion to compel. The stipulation Page 3 of 10 shall specifically identify all issues and/or discovery requests in dispute and, with respect to each such issue and/or request, state the contentions of each party, the legal authority supporting those contentions, and how each party proposed to resolve the dispute at the conference. For example, if the sufficiency of an answer to an interrogatory is in dispute, the stipulation shall state (1) both the interrogatory and the allegedly insufficient answer, verbatim, (2) each party’s contentions as to that particular interrogatory and the legal authority supporting those contentions, separately, and (3) each party’s proposal for resolution of the dispute as to the interrogatory at the conference, separately. The undersigned will not consider any motion in the absence of a joint stipulation or a declaration from counsel for the moving party establishing opposing counsel’s failure to confer or provide the opposing party’s portion of the joint stipulation. Failure of counsel to comply with or cooperate in the foregoing process may result in the imposition of sanctions. III. Electronic Submissions A. CM/ECF Record The official record of this case is maintained electronically pursuant to CM/ECF. Documents must be filed through CM/ECF in PDF (Portable Document Format), unless submitted by a party appearing pro se, in which instance documents Page 4 of 10 should be filed with the Clerk of Court. Except in extraordinary circumstances, all filings shall be consistent with the Court’s Civil Administrative Procedures Manual found on the court’s website.3 B. Protected Information Counsel are reminded to comply with the court’s Administrative Procedures Manual for electronic filing with respect to redacting personal identifiers (e.g., Social Security numbers, drivers’ license numbers, birth dates, addresses, telephone numbers, bank account and credit card information) and other personal or sensitive information, in compliance with the E-Government Act. When filing material under seal, parties MUST comply with the Administrative Procedures Manual. C. Required Electronic Submissions to Chambers Counsel must e-mail to chambers copies of all proposed orders in Word or Word Perfect format. The address for the undersigned judge’s chambers is [email protected]. Ex parte communications are not allowed. All communications to the chambers’ email address must show a copy to all opposing counsel or pro se parties. 3 The Administrative Procedures Manual is available under the “CM/ECF Info” tab, or is directly accessible at http://www.alnd.uscourts.gov/CM-ECF/Administrative%20Procedure%20 Manuals/Civil%20Administrative%20Procedures%20Manual%206-13.pdf. Page 5 of 10 IV. Motion Practice All motions MUST comply with all requirements of this Order. Except for good cause shown, motions and/or briefs that do not conform to the requirements of this Order may be stricken. The following MUST appear on the first page of every motion or brief directly below the case number in the caption of the pleading: (1) requests for oral argument, if applicable; and (2) an indication of whether the motion is OPPOSED or UNOPPOSED. Materials submitted after the close of the submission schedule will not be considered absent leave of court. A. Format Applicable to All Motions and Briefs The parties’ motions and briefs shall be in Times New Roman font and 14- point type. Footnotes may be in 12-point type. Documents shall be double-spaced; footnotes and indented quotations that exceed three lines may be single-spaced. Citations to the record must refer to the document number and paragraph or line number, where available. If the parties are unable to cite to a specific paragraph or line number, they shall cite the document number and page number. B. Summary Judgment Motion Requirements 1. Briefing Schedule The parties will receive a scheduling order with a deadline for filing dispositive motions. Any motion for summary judgment, supporting brief, and evidentiary Page 6 of 10 materials will be due on or before that deadline. The responsive submission of the party opposing the motion for summary judgment is due no later than twenty one (21) calendar days after the motion for summary judgment is filed. The movant’s reply brief, if any, must be filed no later than fourteen (14) calendar days after the date on which the opponent’s responsive brief was due, unless otherwise ordered by the court. 2. Page Limitations Initial and response briefs are limited to thirty (30) pages. Reply briefs are limited to fifteen (15) pages. C. Non-Summary Judgment Motion Requirements 1. Briefing Schedule A party filing a non-summary judgment motion shall either incorporate in the motion the arguments and/or authorities upon which it relies or simultaneously file a separate brief with its motion. The opponent’s responsive brief shall be filed no later than fourteen (14) calendar days thereafter, unless otherwise ordered by the court. The movant’s reply brief, if any, must be filed no later than seven (7) calendar days after the date on which the opponent’s responsive brief was due, unless otherwise ordered by the court. Page 7 of 10 2. Page Limitations Initial and responsive briefs for dispositive motions other than summary judgment shall be limited to fifteen (15) pages, exclusive of exhibits. Reply briefs are limited to ten (10) pages. D. Requirements for Evidentiary Materials Simultaneously with their briefs, the parties must file all evidentiary materials (e.g., affidavits, exhibits, depositions, etc.) relied upon in support of or opposition to a motion, except those materials included in the moving party’s initial evidentiary submission may be referenced by any party opposing the motion without resubmitting additional copies of the same materials. While the court reserves the right to consider evidentiary materials that are not specifically referenced in the brief, no party has a right to assume that the court will consider such materials. A specific reference must include the exhibit number, page, and when appropriate, the line number. Each volume of evidentiary material MUST include a table of contents that includes a brief narrative description of each document, e.g., “Plaintiff’s Exhibit 1, the Deposition of John Doe.” For ease of citation, each affidavit, exhibit, deposition, etc. must be separately identified by a capital letter or number (i.e., “Exhibit A” or “Exhibit 1”); and, if the exhibit contains more than one page, each page must be Page 8 of 10 separately numbered. Parties are DIRECTED to submit ENTIRE depositions, even if only relying on an excerpt, in travel transcript format consisting of no more than four pages of deposition text per 8 ½ by 11 inch page. E. Motions to Withdraw as Counsel A motion to withdraw as counsel MUST include a certification that the moving attorney has served a copy of the motion on his or her client and has informed the client of the right to file an objection with the court within fourteen (14) calendar days of the date of the notification. F. Courtesy Copies For all submissions exceeding thirty (30) pages (including exhibits), the filing party must submit, within three (3) business days of filing, an exact courtesy copy of the submission, reflecting the CM/ECF case number, document number, date, and page stamp on each page, to the Clerk’s office for delivery to chambers. Deliveries are not accepted in the court’s chambers. Additionally, the parties must email a copy of any brief filed with the court to chambers in Microsoft Word format. V. Suitability of Action for Alternative Dispute Resolution All parties should give early consideration to the possibility of settlement to avoid unnecessary costs and fees. The court requires that all attorneys, along with their clients, make an early analysis of the case and be prepared to discuss settlement Page 9 of 10 at an early date. The parties shall also consider and discuss whether this action may be suitable for mediation, whether under the court’s ADR plan or otherwise. At any stage, a party may make a written request for a settlement conference with the court if the party believes it would be conducive to settlement. VI. Particular Cases If a party anticipates that it may, for any reason other than as a sanction under the Federal Rules of Civil Procedure, seek an award of fees from the opposing party pursuant to a statute or common law or an agreement between the parties, then the party MUST comply with the mandatory rules of fee shifting cases. Failure to comply may result in denial of a request for attorneys’ fees. The undersigned’s web page contains standard orders for fee shifting cases and cases that involve EEOC charges. The parties may access the undersigned’s web page at http://www.alnd.uscourts.gov/content/magistrate-judge-herman-n-johnson-jr. DONE this ___ day of ________, 20__. HERMAN N. JOHNSON, JR. UNITED STATES MAGISTRATE JUDGE Page 10 of 10

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA Choose an item. DIVISION Plaintiff(s)., Plaintiff(s) vs. Defendant(s)., Defendant(s Case No. Case Number. INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS1 I. Discovery The parties may commence discovery pursuant to the terms of Federal Rule of Civil Procedure 26. In cases removed from state court in which discovery requests were filed before removal, those discovery requests shall be deemed filed on the date the parties file their Rule 26 report. The parties are instructed to review Local Rule 5.3 regarding the non-filing of discovery materials in civil cases. 1 This Order, along with Judge Johnson’s other standard orders in civil cases, is available at http://www.alnd.uscourts.gov/content/magistrate-judge-herman-n-johnson-jr. The Local Rules of this court may be accessed at http://www.alnd.uscourts.gov. The court assumes that each attorney and pro se party who appears in this case has read the Local Rules and is prepared to comply with them. Prior to filing any motion regarding a discovery dispute, the moving party must serve the opposing party with a letter identifying each issue and/or discovery request in dispute, stating the moving party’s position with respect to each such issue and/or request, and specifying the terms of the discovery order to be sought. Thereafter, counsel for the parties shall confer in person in a good faith effort to resolve the dispute in whole or part without court intervention. In the event the offices of the parties’ counsel are located in different counties, they may attempt to resolve the dispute via telephone conference rather than in person. After conferring with each other, but before filing a motion to compel, the parties may request a conference with the undersigned, if they believe a conference may resolve their dispute without resort to a motion. If the parties are unable to resolve their discovery dispute, they shall prepare a joint stipulation to be filed simultaneously with a motion to compel. The stipulation shall specifically identify all issues and/or discovery requests in dispute and, with respect to each such issue and/or request, state the contentions of each party, the legal authority supporting those contentions, and how each party proposed to resolve the dispute at the conference. For example, if the sufficiency of an answer to an interrogatory is in dispute, the stipulation shall state (1) both the interrogatory and the allegedly insufficient answer, verbatim, (2) each party’s contentions as to that Page 2 of 9 particular interrogatory and the legal authority supporting those contentions, separately, and (3) each party’s proposal for resolution of the dispute as to the interrogatory at the conference, separately. The undersigned will not consider any motion in the absence of a joint stipulation or a declaration from counsel for the moving party establishing opposing counsel’s failure to confer or provide the opposing party’s portion of the joint stipulation. Failure of counsel to comply with or cooperate in the foregoing process may result in the imposition of sanctions. II. Electronic Submissions A. CM/ECF Record The official record of this case is maintained electronically pursuant to CM/ECF. Documents must be filed through CM/ECF in PDF (Portable Document Format), unless submitted by a party appearing pro se, in which instance documents should be filed with the Clerk of Court. Except in extraordinary circumstances, all filings shall be consistent with the Court’s Civil Administrative Procedures Manual found on the court’s website.2 2 The Administrative Procedures Manual is available under the “CM/ECF Info” tab, or is directly accessible at http://www.alnd.uscourts.gov/CM-ECF/Administrative%20Procedure%20 Manuals/Civil%20Administrative%20Procedures%20Manual%206-13.pdf. Page 3 of 9 B. Protected Information Counsel are reminded to comply with the court’s Administrative Procedures Manual for electronic filing with respect to redacting personal identifiers (e.g., Social Security numbers, drivers’ license numbers, birth dates, addresses, telephone numbers, bank account and credit card information) and other personal or sensitive information, in compliance with the E-Government Act. When filing material under seal, parties MUST comply with the Administrative Procedures Manual. C. Required Electronic Submissions to Chambers Counsel must e-mail to chambers copies of all proposed orders in Word or Word Perfect format. The address for the undersigned judge’s chambers is [email protected]. Ex parte communications are not allowed. All communications to the chambers’ email address must show a copy to all opposing counsel or pro se parties. III. Motion Practice All motions MUST comply with all requirements of this Order. Except for good cause shown, motions and/or briefs that do not conform to the requirements of this Order may be stricken. The following MUST appear on the first page of every motion or brief directly below the case number in the caption of the pleading: Page 4 of 9 (1) requests for oral argument, if applicable; and (2) an indication of whether the motion is OPPOSED or UNOPPOSED. Materials submitted after the close of the submission schedule will not be considered absent leave of court. A. Format Applicable to All Motions and Briefs The parties’ motions and briefs shall be in Times New Roman font and 14- point type. Footnotes may be in 12-point type. Documents shall be double-spaced; footnotes and indented quotations that exceed three lines may be single-spaced. Citations to the record must refer to the document number and paragraph or line number, where available. If the parties are unable to cite to a specific paragraph or line number, they shall cite the document number and page number. B. Summary Judgment Motion Requirements 1. Briefing Schedule The parties will receive a scheduling order with a deadline for filing dispositive motions. Any motion for summary judgment, supporting brief, and evidentiary materials will be due on or before that deadline. The responsive submission of the party opposing the motion for summary judgment is due no later than twenty one (21) calendar days after the motion for summary judgment is filed. The movant’s reply brief, if any, must be filed no later than fourteen (14) calendar days after the date on which the opponent’s responsive brief was due, unless otherwise ordered by the court. Page 5 of 9 2. Page Limitations Initial and response briefs are limited to thirty (30) pages. Reply briefs are limited to fifteen (15) pages. C. Non-Summary Judgment Motion Requirements 1. Briefing Schedule A party filing a non-summary judgment motion shall either incorporate in the motion the arguments and/or authorities upon which it relies or simultaneously file a separate brief with its motion. The opponent’s responsive brief shall be filed no later than fourteen (14) calendar days thereafter, unless otherwise ordered by the court. The movant’s reply brief, if any, must be filed no later than seven (7) calendar days after the date on which the opponent’s responsive brief was due, unless otherwise ordered by the court. 2. Page Limitations Initial and responsive briefs for dispositive motions other than summary judgment shall be limited to fifteen (15) pages, exclusive of exhibits. Reply briefs are limited to ten (10) pages. D. Requirements for Evidentiary Materials Simultaneously with their briefs, the parties must file all evidentiary materials (e.g., affidavits, exhibits, depositions, etc.) relied upon in support of or opposition to Page 6 of 9 a motion, except those materials included in the moving party’s initial evidentiary submission may be referenced by any party opposing the motion without resubmitting additional copies of the same materials. While the court reserves the right to consider evidentiary materials that are not specifically referenced in the brief, no party has a right to assume that the court will consider such materials. A specific reference must include the exhibit number, page, and when appropriate, the line number. Each volume of evidentiary material MUST include a table of contents that includes a brief narrative description of each document, e.g., “Plaintiff’s Exhibit 1, the Deposition of John Doe.” For ease of citation, each affidavit, exhibit, deposition, etc. must be separately identified by a capital letter or number (i.e., “Exhibit A” or “Exhibit 1”); and, if the exhibit contains more than one page, each page must be separately numbered. Parties are DIRECTED to submit ENTIRE depositions, even if only relying on an excerpt, in travel transcript format consisting of no more than four pages of deposition text per 8 ½ by 11 inch page. E. Motions to Withdraw as Counsel A motion to withdraw as counsel MUST include a certification that the moving attorney has served a copy of the motion on his or her client and has informed the Page 7 of 9 client of the right to file an objection with the court within fourteen (14) calendar days of the date of the notification. F. Courtesy Copies For all submissions exceeding thirty (30) pages (including exhibits), the filing party must submit, within three (3) business days of filing, an exact courtesy copy of the submission, reflecting the CM/ECF case number, document number, date, and page stamp on each page, to the Clerk’s office for delivery to chambers. Deliveries are not accepted in the court’s chambers. Additionally, the parties must email a copy of any brief filed with the court to chambers in Microsoft Word format. IV. Suitability of Action for Alternative Dispute Resolution All parties should give early consideration to the possibility of settlement to avoid unnecessary costs and fees. The court requires that all attorneys, along with their clients, make an early analysis of the case and be prepared to discuss settlement at an early date. The parties shall also consider and discuss whether this action may be suitable for mediation, whether under the court’s ADR plan or otherwise. At any stage, a party may make a written request for a settlement conference with the court if the party believes it would be conducive to settlement. Page 8 of 9 V. Particular Cases If a party anticipates that it may, for any reason other than as a sanction under the Federal Rules of Civil Procedure, seek an award of fees from the opposing party pursuant to a statute or common law or an agreement between the parties, then the party MUST comply with the mandatory rules of fee shifting cases. Failure to comply may result in denial of a request for attorneys’ fees. The undersigned’s web page contains standard orders for fee shifting cases and cases that involve EEOC charges. The parties may access the undersigned’s web page at http://www.alnd.uscourts.gov/content/magistrate-judge-herman-n-johnson-jr. DONE this ___ day of _______, 20__. HERMAN N. JOHNSON, JR. UNITED STATES MAGISTRATE JUDGE Page 9 of 9

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA Choose an item. DIVISION Plaintiff(s)., Plaintiff(s) vs. Defendant(s)., Defendant(s Case No. Case Number. ORDER REGARDING COMPLIANCE WITH RULE 26 The parties are reminded to conduct a conference pursuant to Rule 26(f) of the Federal Rules of Civil Procedure. The parties must confer no later than twenty-one (21) days after the entry date of this order. During the Rule 26(f) conference, the parties’ discussions shall cover the following topics: • • • the nature and basis of the claims and defenses and the possibility of a prompt settlement or resolution of the case through formal mediation or informal settlement negotiations; a proposed discovery plan, including deadlines for the matters addressed in sub-paragraphs (1) through (4) of Rule 26(f) and a protocol to govern the search and production of electronically stored information; and the need for a protective order for disclosure of “protected health information.”1 1 If the court’s standard HIPAA protective order is required, the parties may indicate this in their joint report of planning meeting. If the parties require a HIPAA order tailored to the case, the moving party should email a proposed draft order to the chambers’ email address upon the filing of If the parties are unable to agree upon a date, time, or place for the Rule 26(f) conference, the parties are ORDERED to file a joint notice with the court. Additionally, unless otherwise ordered, the parties shall exchange the initial disclosures required under Rule 26(a)(1) at least seven (7) days before the meeting in order to facilitate better discussions during the discovery conference. Within fourteen (14) days of the Rule 26(f) meeting, the parties must file a joint report of their planning meeting. The report should include a brief description of the nature of the case; an indication of the parties’ assessment of the complexity of the case; proposed deadlines for amending the pleadings, joining additional parties, discovery, and dispositive motions; and a statement regarding the parties’ initial interest in alternative dispute resolution. Should the parties disagree about an item, the positions of the parties as to that item should be clearly set forth in separate paragraphs. DONE and ORDERED this __ day of ________, 20__. HERMAN N. JOHNSON, JR. UNITED STATES MAGISTRATE JUDGE a motion. Page 2 of 2

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MANDATORY RULES FOR FEE SHIFTING CASES If a party anticipates that it may, for any reason other than as a sanction under the Federal Rules of Civil Procedure, seek an award of fees from the opposing party pursuant to a statute or common law or an agreement between the parties, then the party must maintain a record of accumulated fees and expenses pursuant to the rules listed below. Submission of time records that comply with the following rules is a prerequisite to any such award. (1) Counsel must maintain a separate record of time with a complete and accurate accounting of all time devoted to this particular action (to the nearest 1/10 of an hour), recorded contemporaneously with the time expended for each attorney and with sufficient detail to disclose the nature of the work performed in the action (e.g., not just “research” but the specific matter being researched; not just “conference” but identity of persons conferring and general subject matter of the conference). (2) If a claim will be made for services performed by any person not a member of the bar, a separate time record shall be maintained for each such individual in accordance with (1) above. (3) Counsel must review and verify all attorney and non-attorney time records no less than once per month. (4) Although the Court does not require counsel to file a copy of the time records prior to a request for a fee, counsel may file with the Clerk of the Court either a copy of the time record created pursuant to (1) above, or a separately prepared document setting forth the information described in (1) above. If counsel elects to file reports, they should be filed by the 15th day of the month following the month in which the work was performed during the pendency of the case. If counsel elects to file time reports, the material filed may be filed under seal, subject to further Court order, by placing the reports in a sealed envelope with the case name and number along with “ATTORNEY TIME RECORDS - FILE UNDER SEAL” written on the outside of the envelope. If the material is filed under seal, then the filing party must, at the time of such filing, also file (and serve a copy on opposing parties or their counsel) a document stating the total of the hours represented by the sealed filing, allocated as to total attorney hours and total non-attorney hours included in the current filing under seal. Upon the conclusion of the case, without further order, the seal will be lifted as to all attorney fee materials filed under seal. (5) A petition for attorney fees shall be accompanied by counsel’s certification that all time records are accurate; that such records were prepared contemporaneously with the performance of the work for which the fees are claimed; and that counsel reviewed and verified all attorney and non-attorney time records no less frequently than once per month. Take Notice: Failure to comply with the foregoing requirements normally will result in denial of a request for attorneys’ fees. DONE and ORDERED this ____day of ___________________ ___________________________________ UNITED STATES MAGISTRATE JUDGE 2

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STANDING ORDER FOR CASES THAT INVOLVE EEOC CHARGES If this case is one in which the filing of a charge of discrimination with the Equal Employment Opportunity Commission or similar agency is a prerequisite to suit, then the PLAINTIFF(S) MUST file with the Clerk of Court at the time of filing the disclosures required by Fed. R. Civ. P. 26(a)(1): (A) a copy of all charges of discrimination filed with the EEOC and which form the bases of the action; and (B) a copy of the EEOC’s response to all such charges of discrimination filed with that agency, including the notice of right to sue. DONE this day ________of _________________. ____________________________________ UNITED STATES MAGISTRATE JUDGE

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Pro Hac Vice Admissions: Under Local Rule 83.1(b), an application for admission pro hac vice must include the following information: 1. The applicant’s residence address; 2. The applicant’s office address, telephone number, facsimile number, and e-mail address; 3. The courts to which the applicant is admitted to practice and the dates of admission;1 4. A statement that the applicant is in good standing and eligible to practice in all courts to which admitted; and 5. The address, telephone number, facsimile number, and e-mailed address of local counsel, as well as local counsel’s written consent to designation.2 The application must be accompanied by payment of the prescribed admission fee. Local counsel must file a notice of appearance within ten days of the approval of the application. 1 An attorney who is not a member of the bar of this court is not eligible for admission pro hac vice, unless he or she is admitted to practice before the United States District Court for the district in which (or before the highest court in the state in which) he or she resides or regularly practices law. See Local Rule 831.(b)(1). 2 The parties are directed to Local Rule 83.1(b)(2) for a description of the duties of local counsel.

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SAMPLE PROPOSED PRETRIAL ORDER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA [Name of Division] DIVISION [Name of the Plaintiff(s)], Plaintiff(s), v. [Name of the Defendant(s)], Defendant(s). Case No.: [#:##-cv-####-HNJ] PRETRIAL ORDER1 A pretrial conference was held in the above case on [Date], wherein, or as a result of which, the following proceedings were held and actions were taken: 1. Appearances. Appearing at the conference were: For [Enter Plaintiff(s)]:_______________________________________ For [Enter Plaintiff(s)]:_______________________________________ For [Enter Defendant(s)]:_____________________________________ For [Enter Defendant(s)]:_____________________________________ [Include a line for each party in the case] 2. Jurisdiction and Venue. (a) The court has subject matter jurisdiction of this action under the following statutes, rules or cases: [List each statute, rule, or case claimed to authorize the court's subject matter jurisdiction in this action.] 1 This Pretrial Order form may be accessed at www.alnd.uscourts.gov; Court Info, Judicial Officers, Herman N. Johnson, Jr., Pretrial Order. (b) All jurisdictional and procedural requirements prerequisite to maintaining this action [have/have not] been met. (c) Personal jurisdiction and/or venue [are/are not] contested. [If personal jurisdiction or venue is contested, briefly set out the relevant arguments.] 3. Parties and Trial Counsel. Any remaining fictitious parties are hereby STRICKEN. The parties and designated trial counsel are correctly named as set out below: Parties: Trial Counsel: Plaintiff(s): [Name of the Plaintiff(s)] [Name of Counsel] [Name of the Plaintiff(s)] Defendant(s): [Name of the Defendant(s)] [Name of Counsel] [Name of the Defendant(s)] [Include a line and designation for each party in the case.] 4. Claims and Defenses. The following claims and defenses have been allowed: [Do not include claims and defenses that have been stricken or otherwise disallowed.] 5. Statement of the Case. (a) Narrative Statement of the Case. [The parties shall briefly summarize the case. In a jury trial, this section will be read to the jury venire during the jury selection process to advise them of the basic nature of the case. The agreed summary should be concise – typically no more than three or four sentences.] (b) Undisputed Facts. [The parties shall set out in separately numbered paragraphs each fact on which the parties agree and on which no proof is required. The parties are reminded that the court expects them to approach this task in a good faith effort to agree on all relevant facts for which there is no reasonable basis for disagreement. In a jury trial, this section will be read to the jury and the jury will be instructed to accept these facts as true.] (c) Plaintiff’s Claims. 2 [For each Defendant, each Plaintiff shall state each legal theory relied upon and shall set out the factual allegations which he/she expects to prove in support of each theory. Each statement should be concise – no more than two to three paragraphs per claim – and should be suitable for use by the court in preliminary instruction of the jury.] (d) Defendant’s Defenses. [For each claim against him/her, each Defendant shall state each legal theory relied upon and shall set out the factual allegations which he/she expects to prove in support of each such legal theory. Each statement should be concise – no more than two to three paragraphs per claim – and should be suitable for use by the court in preliminary instruction of the jury.] 6. Discovery and Other Pretrial Procedures. Pretrial Discovery. Pursuant to previously entered orders of the court, (a) discovery is closed. (b) Pending Motions. [List all pending motions or state that there are no motions pending.] 7. Trial Date. (a) This case is set for [Jury/Non-Jury] trial on _______________________. (b) The trial of this matter is expected to last ________ days. (c) The trial will occur in the United States District Courthouse, [address of courthouse where trial will occur.] 8. Exhibit A. The parties must comply fully with each provision contained in Exhibit A B Standard Pretrial Procedures which is incorporated into this Order by reference as if fully set forth verbatim herein. It is ORDERED that the above provisions bind all parties unless modified by further order for good cause shown. DONE and ORDERED this __________ day of ____________, 20_____. 3 ___________________________________ HERMAN N. JOHNSON, JR. UNITED STATES MAGISTRATE JUDGE 4 EXHIBIT A B STANDARD PRETRIAL PROCEDURES 1. Damages. No later than thirty (30) calendar days prior to the date set for trial, the parties shall file and serve a list itemizing all damages and equitable relief being claimed or sought; such list shall show the amount requested and, where applicable, the method and basis of computation. 2. Witnesses B Exchange of Lists. (a) Witnesses. No later than thirty (30) calendar days prior to the date set for trial, the parties shall file and serve a list stating the names and addresses of all witnesses whose testimony they may offer at trial, including those witnesses the party expects to present by means of depositions with a listing of the specific pages from the depositions to be used. (b) Presenting Witnesses by Deposition. (1) The court will accept the parties= written or on-the-record agreement to use a deposition at trial even though the witness is available. In the absence of such an agreement, parties must comply with Fed R. Civ. P. 32. (2) As to any witnesses shown on such list to be presented by deposition, within ten (10) business days after the filing of such list, an opposing party may serve a list of additional pages of the deposition to be used, and may serve and file objections to the use of such deposition testimony under Rule 32 or Rule 26(a)(3)(B). Any objections to deposition testimony should be accompanied by excerpts from the depositions including the testimony to which the objection relates. Objections not disclosed, other than objections under Fed. R. Evid. 402 and 403, shall be deemed waived, unless excused by the court for good cause shown. Any responses to objections shall be filed within five (5) business days after filing of said objections. (3) Before trial, counsel must provide the courtroom deputy with a copy of all depositions to be used as exhibits at trial. (4) To the extent possible, counsel will designate the portion of any deposition that counsel anticipates reading by citing pages and lines in the final witness list. (5) Use of videotape depositions is permitted and the parties must make good faith efforts to agree on admissibility or edit the videotape to resolve objections. (6) In a non-jury trial, for any deposition offered as a trial exhibit, counsel shall attach to the front of the exhibit a summary of what each party intends to prove by the deposition testimony, with line and page citations, and include an appropriate concordance of the deposition pages offered. 3. Exhibits. (a) Exchange of lists. No later than thirty (30) calendar days prior to the date set for trial, the parties shall file and serve a list providing an appropriate identification of each document or other exhibit, including summaries of other evidence, separately identifying those exhibits that the party expects to offer and those exhibits that the party may offer if the need arises. Unless specifically agreed by the parties in writing or allowed by the court for good cause shown, the parties shall be precluded from offering as substantive evidence any exhibit not so identified. Courtesy copies of Exhibit Lists should be submitted to the Clerk=s office (for delivery to the judge=s chambers), as well as emailed to the chambers email address at [email protected], in Adobe PDF format. (b) Objections and Stipulations. Upon receipt of Exhibit Lists, the parties shall immediately meet and confer regarding any objections to the listed exhibits. Most objections should be cured by discussion, and the parties should stipulate as to the admissibility of as many exhibits as possible. As to any document or other exhibit on which agreement cannot be reached, including summaries of other evidence shown on such list, no later than ten (10) business days after the filing of such list, an opposing party shall serve and file objections, together with the grounds therefor, that may be made as to the admissibility of exhibits identified on such list. Objections not so disclosed, other than objections under Fed. R. Evid. 402 and 403, shall be deemed waived, unless excused by the court for good cause shown. Any responses to objections shall be filed within five (5) business days after filing of said objections. The court generally rules on objections to exhibits outside the presence of the jury and will do so prior to opening statements, to the extent possible. (c) Counsel requiring authentication of an opponent=s exhibit must notify offering counsel in writing within five (5) business days after the exhibit list is filed. Failure to do so is an admission of authenticity. (Be mindful of the deadline to file motions in limine, which may be used to challenge the authenticity of exhibits.) (d) Marking. Each party that anticipates offering more than five (5) exhibits as substantive evidence shall pre-mark such exhibits in advance of trial, using exhibit labels and lists available from the Clerk of Court. The court will provide up to 100 labels; if any party needs more labels, that party must use labels of the same type as those supplied by the court. Counsel must contact the courtroom deputy for the appropriate exhibit list form for use at trial. The court urges counsel to be judicious in determining which documents actually are relevant to necessary elements of the case. (e) Examination by Opposing Party. Except where beyond the party=s control or otherwise impractical (e.g., records from an independent third-party being obtained by subpoena), each party shall make such exhibits available for inspection and copying. The presentation of evidence at trial shall not ordinarily be interrupted for opposing counsel to examine a document that has been identified and was made available for inspection. (f) Court=s Copies. In addition to the pre-marked trial exhibits mentioned above, the court requests for the bench an exhibit notebook of anticipated trial exhibits (to the extent possible and practical). The notebook should include a copy of the Exhibit List referenced above. (g) In addition, each party who anticipates offering as substantive evidence as many as six exhibits shall pre-mark such exhibits in advance of trial, using exhibit labels and exhibit lists available from the Clerk of Court. Each party offering an exhibit shall also provide the courtroom deputy with an Adobe pdf formatted version of every exhibit offered at trial for inclusion in the electronic record. By the time the case is scheduled for trial, a copy of the exhibit list with the pre- marked numbers shall be served and filed, with the exhibits being made available for inspection by opposing counsel; the presentation of evidence at trial shall not ordinarily be interrupted for opposing counsel to examine a document that has been so identified and made available for inspection. THE PARTIES ARE REMINDED THAT THEY WILL NOT BE ALLOWED TO USE AT TRIAL ANY WITNESS OR EXHIBIT NOT DISCLOSED IN ACCORDANCE WITH FED. R. CIV. P. 26(a) OR 26(e), UNLESS EXTREMELY GOOD CAUSE IS SHOWN AND THE OFFERING PARTY CAN SHOW THAT ITS FAILURE TO DISCLOSE WAS HARMLESS. See Fed. R. Civ. P. 37(c)(1). 4. Motions In Limine No later than ten (10) business days after filing of witness and exhibit lists, the parties may file motions in limine which shall be accompanied by supporting memoranda. Parties are encouraged to resolve evidentiary issues by stipulation whenever possible. Parties may file oppositions to motions in limine within five (5) days after the filing of said motions. 5. Trial Submissions to Court. No later than fourteen (14) days prior to the scheduled trial date, each party will submit the following to the Clerk=s office (for delivery to the judge=s chambers): (a) A listing of any special evidentiary or other anticipated legal problems with citation to legal authority that supports the party=s position. (b) Any special questions or topics for voir dire examination of the jury venire. Parties may, if they desire, file trial briefs. Any such briefs must be filed at least fourteen (14) days prior to trial. Opposing parties may respond to such trial briefs at least seven (7) days prior to trial. The briefs, if any, should not exceed ten (10) typed pages. Additionally, should email courtesy copies of all briefs to the chambers email address at [email protected], in Adobe PDF format. 6a. *Jury Charges. No later than fourteen (14) days prior to the scheduled trial date, the parties shall file a single, joint proposed jury charge, including all necessary instructions, or definitions applicable to the specific issues of the case. The parties need not submit standard generic instructions regarding routine matters, e.g., burden of proof, credibility of witnesses, duty of jurors, etc. The parties should also file any requested special verdict forms and/or interrogatories. (a) Each requested instruction must be numbered and presented on a separate sheet of paper with authority cited. (b) In their joint, proposed jury materials, counsel are to include all necessary instructions or definitions, specifically including items of damages and methods of calculation of damages. Counsel are to use the current Eleventh Circuit Pattern Jury Instructions, or appropriate state pattern jury instructions, as modified by case law or statutory amendments, wherever possible. Any deviations must be identified, and accompanied with legal authorities for the proposed deviation. (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 labeled to show which party is requesting the disputed language. Accompanying each instruction shall be all authority or related materials upon which each party relies. The parties shall also email the unified charge and any special verdict forms and/or interrogatories, in Word or WordPerfect format, to the chambers email address at johnson_chambers @alnd.uscourts.gov. 6b. *Trial[Non-Jury]. (a) Proposed Facts. (1) No later than twenty-five (25) calendar days prior to trial, Plaintiff=s counsel shall submit to Defendant=s counsel a statement setting forth the principle facts proposed to be proved by Plaintiff in support of their claims as to liability and damages. These facts should be set out in short, separately numbered paragraphs. (2) No later than fifteen (15) calendar days prior to trial, Defendant=s counsel shall return the statement of principle facts to Plaintiff=s counsel, factual indicating contentions of the Plaintiff with which they disagree and including any additional facts Defendant proposes to prove. thereon those (3) No later than seven (7) calendar days prior to trial, Plaintiff=s counsel shall indicate on the statement of principle facts those additional factual contentions of Defendant with which Plaintiff disagrees and shall file with the court the modified statement of principle facts, serving a copy thereof on opposing counsel. The final product should have all agreed facts, regardless of by whom proposed, collected under one heading and have the respective additional disputed facts proposed by the parties collected under separate headings. The final product should be submitted to the Clerk=s office (for delivery to the judge=s chambers), and then emailed at chambers [email protected], in Word or WordPerfect format. address email the to (4) In stating facts proposed to be proved, counsel shall do so in simple, declarative, consecutively numbered sentences, avoiding Acolor words,@ labels, and legal conclusions. In indicating disagreement with a proposed fact, counsel shall do so by deletion or interlineation of particular words and phrases so that the nature of the disagreement will be clear. Objections to the admissibility of a proposed fact (whether as irrelevant or on other grounds) may be made at trial and, without court order, may not be used to avoid indicating agreement or disagreement with the truth of the proposed fact. (b) Proposed Conclusions of Law. (1) No later than twenty-five (25) calendar days prior to trial, Plaintiff=s counsel shall submit to Defendant=s counsel a statement setting forth the principles of law, with citation to authority, that Plaintiff contends are applicable to the case. These principles should be set out in short, separately numbered paragraphs. (2) No later than fifteen (15) calendar days prior to trial, Defendant=s counsel shall return the statement of principles of law, indicating thereon those principles of law of the Plaintiff with which they disagree, and including any additional principles of law on which Defendant relies. (3) No later than seven (7) calendar days prior to trial, Plaintiff=s counsel shall indicate on the statement of principles of law those additional principles of law of Defendant with which Plaintiff disagrees and shall file with the court the modified statement of principles of law, serving a copy thereof on opposing counsel. The final product should have all agreed principles of law, regardless of by whom proposed, collected under one heading and have the respective additional disputed principles proposed by the parties collected under separate headings. The final product should be submitted to the Clerk=s office (for delivery to the judge=s chambers), and then emailed to the chambers email address at [email protected], in Word or WordPerfect format. 7. Court=s Expectations. (a) The court will expect all parties to be ready for trial as of the trial date set in the Pretrial Order unless a continuance is requested within ten (10) business days after the date on which the court enters the Pretrial Order. Continuances based on inadequate preparation will not be considered favorably. (b) The court calls to the attention of all parties the various time requirements in the Pretrial Order and Exhibits. The court strictly adheres to these time requirements to avoid last minute requests for rulings. (c) Any case announced settled after the Pretrial Conference but before the scheduled trial date will be dismissed with prejudice and with costs taxed as paid on the scheduled trial date unless a different stipulated judgment form is submitted on or before the scheduled trial date.

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VOIR DIRE As we stated earlier, this case is ______, Plaintiff, v. ___________, Defendant, and it involves the Plaintiff’s claims against the Defendant for __________. 1. 2. Has anyone read or heard anything about this case? Is any juror familiar with the facts that may be involved in this particular case? How did you become familiar? 3. Does any member of the jury panel know of any reason why you may be prejudiced for or against the Plaintiff – or – for or against the Defendant, because of the nature of this particular case or otherwise? In other words, is there anyone of you who could not be fair to both sides in this case because this case involves allegations of ? 4. 5. Do you know, or are you related by blood or marriage, to defendant? Have any of you or any person related to any of you by blood or marriage ever been employed by the Defendant? 6. The attorneys in the case are ______, representing the Plaintiff, and _______, representing Defendant. Do any of you know personally any of the attorneys in the case or anyone else who works for the attorneys’ firms? Which one and how? 7. Are any of you members of the jury panel related by blood or marriage to any of the attorneys in this case, or anyone else who works for the attorneys’ firms? 8. Have any of you, or any members of your immediate family, ever been represented by any of the attorneys in the case or to your knowledge been involved in any matter in which any of these attorneys participated? 9. Does any member of the panel know or believe that they know any other member of the jury panel? If so, what is the nature of the relationship? Would this relationship influence your own judgment in this case? 10. If selected for this jury, you will be called upon to sit in judgment of another person. Knowing that, is there anyone here who believes that he/she might have a problem doing that, perhaps because of some political, or religious, or social, or philosophical reason? 11. Has anyone talked with you about this case or discussed it in your presence prior to your coming into this courtroom today? 12. Would any of you be the least bit hesitant promptly to report to me or the courtroom deputy should someone approach you about this case or talk to you about it while you are serving as a juror? 13. Is there anyone who believes, for whatever reason, that they would be unable, if chosen to serve on the jury in this case, to be fair and impartial to both sides, and to return a verdict based solely on the facts as you determine them to be from the evidence at trial and the law as I give it to you? 14. Can any of you think of any other matter that you should call to the court’s attention that may have some bearing on your qualifications as a juror or that may 2 prevent you from rendering a fair and impartial verdict based solely on the evidence and my instructions as to the law? 15. We anticipate that this case will take __ days to try. Would this length of trial work an undue hardship on anyone? I have now asked the questions I need to ask. Now, the attorneys may ask you some questions. Please answer them fully and truthfully. Counsel may ask any additional questions from the podium, limited to 15 minutes per side (or per attorney)? Does the Plaintiff have any additional questions? If so, proceed. Does the Defendant have any additional questions? If so, proceed. 3

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PRELIMINARY JURY INSTRUCTIONS (CIVIL) Members of the jury, will you please rise and raise your right hands to be sworn. The answer to the oath is “I do.” ** Oath administered by courtroom deputy. Please be seated. Ladies and Gentlemen, I am sure that the first thing on your mind is “How long am I going to be here?” We anticipate that this case will take _________ [days] [weeks] to try, then you will decide, and thereafter you will be released from jury service. We operate on the following schedule: 1. We start at 9:00 a.m. and we adjourn at about 5:00 p.m.; 2. We take a lunch break from about 11:30 a.m. to 1:00 p.m.; 3. We take a ten to fifteen minute break mid-morning and mid-afternoon. All of these times are approximate. If it would break the flow of testimony for us to recess at a particular time, we will either delay or accelerate our recess in order to preserve the continuity of testimony. I will now give you some Preliminary Instructions to explain some basic principles about a civil trial and your duty as jurors and to guide you in your participation in the trial. At the end of the trial I will give you more detailed instructions. Course of the Trial: First, the government will make an opening statement, which is simply an outline to help you understand the evidence as it comes in. Next, the defendant’s attorney may, but does not have to, make an opening statement. Opening statements are neither evidence nor argument. The government will then present its witnesses, and counsel for the defendant may cross-examine them. Following the government’s case, the defendant may, if [he] [she] wishes, present witnesses whom the government may cross-examine. After all the evidence is in, the attorneys will present their closing arguments to summarize and interpret the evidence for you, and I will instruct you on the law. After that, you will go to the jury room to decide your verdict. Transcripts Not Available: You should pay close attention to the testimony because it will be necessary for you to rely upon your memory concerning what the witnesses said during the trial. Although the Court Reporter is recording everything that is said, we will not provide typewritten transcripts for your use during deliberations and therefore you should not expect to receive them. Exhibits Will Be Available: On the other hand, we will make available any exhibits admitted in evidence during the trial, and you may study them during your deliberations if you wish. So, if an exhibit is received in evidence but is not fully read or shown to you at that time, don’t be concerned because you will have the opportunity to see and study it later during your deliberations. 2 Taking Notes: If you wish, you may take notes during the trial, but you are not required to take notes. That decision is yours. If you do take notes, do not let it distract you from the ongoing proceedings. Whether or not you take notes, you should rely on your own memory of what was said, and other jurors’ notes should not unduly influence you. Notes are to assist your memory only. They are not entitled to any greater weight than your memory or impression about the testimony. During breaks, you should leave your notes in your chairs. We will collect notebooks at the end of each day and return them to you when trial resumes. DUTY OF JURY: Your duty is to determine from the evidence what the facts are. You, and you alone, are the judges of the facts. You will then have to apply the law to those facts. You must follow the law, as I explain it to you, even if you do not agree with the law. You should not decide whom you like and whom you dislike and decide the case according to those likes and dislikes. You should keep an open mind about the case and not make up your mind until you have heard all of the evidence, been instructed on the law, and begin deliberating with your fellow jurors. CREDIBILITY OF WITNESSES: Your duty also involves determining the credibility of witnesses. In reaching your verdict, you may have to decide what testimony to believe and what testimony not 3 to believe. You may believe everything a witness says, or part of it, or none of it. In considering the testimony of any witness, you may take into account: • The opportunity and ability of the witness to see or hear or know the things testified to; • The witness’s memory; • The witness’s manner while testifying; • The witness’s interest, if any, in the outcome of the case; • The witness’s bias or prejudice, if any; • Whether other evidence contradicted the witness’s testimony; • The reasonableness of the witness’s testimony in light of all the evidence; and • Any other factors that bear on believability. I will give you additional guidelines for determining credibility of witnesses at the end of the case. For now, you should use the guidelines I just listed and your good judgment to evaluate the credibility of each witness. EVIDENCE: You will decide the facts based upon the evidence admitted at trial, which will consist of the witnesses’ testimony, documents and other items admitted into evidence as exhibits, and any facts the lawyers agree are facts, or that I may instruct you to find. You must decide the case solely on the evidence presented here in the courtroom. Evidence can come in many forms. It can be testimony about what 4 someone saw or heard or smelled. It can be an exhibit admitted into evidence. It can be someone’s opinion. Some evidence can be direct evidence because it directly proves a fact, such as a witness’s testimony about a fact. Some evidence proves a fact indirectly, and such indirect evidence, sometimes called circumstantial evidence, is simply a proof of circumstances from which you may infer or conclude that other facts exit. For example, a witness who saw wet grass outside and people walking into the courthouse carrying wet umbrellas may lead you to infer or conclude that there is indirect or circumstantial evidence that it rained outside. In this example, direct evidence would be if the witness says, “I saw it raining outside.” As far as the law is concerned, it makes no difference whether evidence is direct or indirect. You may choose to believe or disbelieve either kind and should give every piece of evidence whatever weight you think it deserves. There are rules of evidence that control what the court can receive into evidence. Therefore, you’ll hear certain things that are not evidence and you must not consider them. I will list them for you now: First, statements and arguments by the lawyers are not evidence. In their opening statements and closing arguments, the lawyers will discuss the case, but their remarks are not evidence. Second, the lawyers’ questions are not evidence. Only the witnesses’ answers are evidence. You should not think that something is true just because a lawyer’s question suggests that it is. For instance, if a lawyer asks a witness, “you saw the defendant hit 5 his sister, didn’t you?” – that question is no evidence whatsoever of what the witness saw or what the defendant did, unless the witness agrees with it. Third, when a lawyer asks a witness a question or presents an exhibit, the opposing lawyer may object if he or she thinks the rules of evidence don’t permit it. The objections by lawyers are not evidence. Lawyers have an obligation to their clients to make objections when they believe the rules prohibit certain evidence. The lawyers are not attempting to hide information from you. The law requires that we conduct trials by certain rules that are designed to ensure fair trials. You should not be influenced by the objection or my ruling on it. Therefore, If I overrule the objection, then treat the answer like any other answer or treat the exhibit like any other exhibit. If I sustain the objection, then ignore the question or exhibit at issue and not try to guess what the answer would have been or what the exhibit is. Sometimes I may order that evidence be stricken and that you disregard or ignore the evidence. That means that when you are deciding the case, you must not consider that evidence. Some evidence is admitted only for a limited purpose. If I instruct you that an item of evidence has been admitted for a limited purpose, you must consider it only for that limited purpose and no other. CONDUCT OF THE JURY: 6 Our law requires jurors to follow certain instructions regarding their personal conduct in order to help assure a just and fair trial. I will now give you those instructions: 1. Do not talk, either among yourselves or with anyone else, about anything related to the case. You may tell the people with whom you live and your employer that you are a juror and give them information about when you will be required to be in court, but you may not discuss with them or anyone else anything related to the case. 2. Do not, at any time during the trial, request, accept, agree to accept, or discuss with any person, any type of payment or benefit in return for supplying any information about the trial. 3. You must promptly tell me about any incident you know of involving an attempt by any person to improperly influence you or any member of the jury. 4. Do not visit or view the premises or place where the charged crime was allegedly committed, or any other premises or place involved in the case. And you must not use Internet maps or Google Earth or any other program or device to search for a view of any location discussed in the testimony. 5. Do not read, watch, or listen to any accounts or discussions related to the case which may be reported by newspapers, television, radio, the Internet, or any other news media. 7 6. Do not attempt to research any fact, issue, or law related to this case, whether by discussions with others, by library or Internet research, or by any other means or source. In this age of instant electronic communication and research, I want to emphasize that in addition to not talking face to face with anyone about the case, you must not communicate with anyone about the case by any other means, including by telephone, text messages, email, Internet chat, chat rooms, blogs, or social-networking websites such as Facebook, Instagram, SnapChat, or Twitter. You must not provide any information about the case to anyone by any means whatsoever, and that includes posting information about the case, or what you are doing in the case, on any device or Internet site, including blogs, chat rooms, social websites, or any other means. You also must not use Google or otherwise search for any information about the case, or the law that applies to the case, or the people involved in the case, including the defendant, the witnesses, the lawyers, or the judge. These rules exist and are important because: Our law does not permit jurors to talk with anyone else about the case, or to permit anyone to talk to them about the case, because only jurors are authorized to render a verdict. Only you have been found to be fair and only you have promised to be fair – no one else is so qualified. 8 Our law also does not permit jurors to talk among themselves about the case until the court tells them to begin deliberations, because premature discussions can lead to a premature final decision. Our law also does not permit you to visit a place discussed in the testimony. First, you can’t be sure that the place is in the same condition as it was on the day in question. Second, even if it were in the same condition, once you go to a place discussed in the testimony to evaluate the evidence in light of what you see, you become a witness, not a juror. As a witness, you may now have a mistaken view of the scene that neither party may have a chance to correct. That is not fair. Finally, our law requires that you not read or listen to any news accounts of the case, and that you not attempt to research any fact, issue, or law related to the case. Your decision must be based solely on the testimony and other evidence presented in this courtroom. Also, the law often uses words and phrases in special ways, so it’s important that any definitions you hear come only from me, and not from any other source. It wouldn’t be fair to the parties for you to base your decision on some reporter’s view or opinion, or upon other information you acquire outside the courtroom. These rules are designed to help guarantee a fair trial, and our law accordingly sets forth serious consequences if the rules are not followed. I trust that you understand and appreciate the importance of following these rules, and in accord with your oath and promise, I know you will do so. 9 If you have any problems during the course of the trial, please let a member of the staff know. Should you be delayed returning to the courtroom for any reasons, you must give the court a call. The Court Deputy will give you a number to call. When you return from each break, you should go to the jury room. One of the staff will come get you at the end of each break when the trial is ready to continue. RULES FOR CIVIL CASES: This is a civil case. To help you follow the evidence, I’ll summarize the parties’ positions. The Plaintiff, [name of plaintiff], claims the Defendant, [name of defendant], [describe claim(s)]. [Name of defendant] denies those claims and contends that [describe counterclaims or affirmative defenses]. I will give you detailed instructions on the law at the end of the case, and those instructions will control your deliberations and decision. But to help follow the evidence, I will now give you a brief summary of the elements of the claim(s) that the Plaintiff must prove to make its case: [INSERT SUMMARY HERE] Burden of proof: [Name of plaintiff] has the burden of proving [his/her/its] case by what the law calls a “preponderance of the evidence.” That means [name of plaintiff] must prove that, in light of all the evidence, what [he/she/it] claims is more likely true than not. So, if you could put the evidence favoring [name of plaintiff] and the evidence favoring [name of defendant] on opposite sides of balancing scales, [name of plaintiff] needs to 10 make the scales tip to [his/her/its] side. If [name of plaintiff] fails to meet this burden, you must find in favor of [name of defendant]. To decide whether any fact has been proved by a preponderance of the evidence, you may – unless I instruct you otherwise – consider the testimony of all witnesses, regardless of who called them, and all exhibits that the court allowed, regardless of who produced them. After considering all the evidence, if you decide a claim or fact is more likely true than not, then the claim or fact has been proved by a preponderance of the evidence. [Optional: On certain issues, called “affirmative defenses,” [name of defendant] has the burden of proving the elements of a defense by a preponderance of the evidence. I’ll instruct you on the facts [name of defendant] must prove for any affirmative defense. After considering all the evidence, if you decide that [name of defendant] has successfully proven that the required facts are more likely true than not, the affirmative defense is proved.] [Optional: [Name of defendant] has also brought claims for relief against [name of plaintiff] called counterclaims. On these claims, [name of defendant] has the same burden of proof that [name of plaintiff] has for [his/her/its] claims.] Course of the Trial: The trial will now begin. First, the plaintiff will make an opening statement. Next, the defendant’s attorney may, but does not have to, make an opening statement. 11 The plaintiff will then present its witnesses, and counsel for the defendant may cross-examine them. Following the plaintiff’s case, the defendant may, if [he] [she] wishes, present witnesses whom the government may cross-examine. You should base your decision on all the evidence, regardless of which party presented it. After all the evidence is in, the attorneys will present their closing arguments to summarize and interpret the evidence for you, and I will instruct you on the law. After that, you will go to the jury room to deliberate and decide your verdict. I hope you will enjoy your jury service with us. 12

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Members of the Jury: I will now explain to you the rules of law that you must follow and apply in deciding this case. When I have finished and the lawyers have made their closing arguments, you will go to the jury room and begin your discussions – what we call your deliberations. A jury trial has, in effect, two judges. I am one of the judges; the other judge is the jury. My duty is to preside over the trial and to decide what evidence is proper for your consideration. My duty at the end of the trial is to explain to you the rules of law that you must follow and apply in arriving at your verdict. First, I will give some general instructions that apply in every case; for example, instructions about burden of proof and how to judge the believability of witnesses. Then I will give you some specific rules of law about this particular case, and finally I will explain to you the procedures you should follow in your deliberations. Your duty will be to decide whether the plaintiff has proved by a preponderance of the evidence the specific facts necessary to find the defendant liable on the claims asserted. I will give you more instructions about the specific claims in a minute. As I have already told you, you must make your decision only on the basis of the testimony and other evidence presented here during the trial. You must not 1 be influenced in any way by either sympathy or prejudice, for or against either party. You, as jurors, are the judges of the facts. But in determining what actually happened–that is, in reaching your decision as to the facts–your sworn duty is to follow all of the rules of law as I explain them to you. Remember that anything the lawyers say is not evidence in the case. Your own recollection and interpretation of the evidence control. What the lawyers say is not binding upon you. Also, you should not assume from anything I may have said that I have any opinion concerning any of the issues in this case. Except for my instructions to you on the law, you should disregard anything I may have said during the trial in arriving at your own decision concerning the facts. You have no right to disregard or give special attention to any one instruction, or to question the wisdom or correctness of any rule I may state to you. You must not substitute or follow your own notion or opinion as to what the law is or ought to be. Your duty is to apply the law as I explain it to you, regardless of whether you like the law or its consequences. Your duty also is to base your verdict solely upon the evidence, without prejudice or sympathy for or against anyone. You made that promise and took that oath before being accepted by the parties as jurors, and they have the right to expect nothing less. 2 The fact that corporations/governmental entity or agency are involved as parties must not affect your decision in any way. A corporation/governmental agency and all other persons stand equal before the law and must be dealt with as equals in a court of justice. When a corporation/governmental agency is involved, of course, it may act only through people as its employees; and, in general, a corporation/governmental agency is responsible under the law for any of the acts and statements of its employees that are made within the scope of their duties as employees of the governmental agency. In your deliberations you should consider only the evidence–that is, the testimony of the witnesses and the exhibits I have admitted in the record. As you consider the evidence, both direct and circumstantial, you may make deductions and reach conclusions that reason and common sense lead you to make. In other words, you are permitted to draw such reasonable inferences from the testimony and exhibits as you feel are justified in the light of your common experience. You’ve been permitted to take notes during the trial. Most of you – perhaps all of you – have taken advantage of that opportunity. You must use your notes only as a memory aid during deliberations. You must not give your notes priority over your independent recollection of the evidence. And you must not allow yourself to be unduly influenced by the notes of other jurors. 3 I emphasize that notes are not entitled to any greater weight than your memories or impressions about the testimony. Your own recollection and interpretation of the evidence is what matters. In considering the evidence you may use reasoning and common sense to make deductions and reach conclusions. You shouldn’t be concerned about whether the evidence is direct or circumstantial. “Direct evidence” is the testimony of a person who asserts that he or she has actual knowledge of a fact, such as an eyewitness. “Circumstantial evidence” is proof of a chain of facts and circumstances that tend to prove or disprove a fact. There’s no legal difference in the weight you may give to either direct or circumstantial evidence. When I say you must consider all the evidence, I don’t mean that you must accept all the evidence as true or accurate. You should decide whether you believe what each witness had to say, and how important that testimony was. In making that decision you may believe or disbelieve any witness, in whole or in part. The number of witnesses testifying concerning a particular point doesn’t necessarily matter. To decide whether you believe any witness I suggest that you ask yourself a few questions: • Did the witness impress you as one who was telling the truth? • Did the witness have any particular reason not to tell the truth? 4 • Did the witness have a personal interest in the outcome of the case? • Did the witness seem to have a good memory? • Did the witness have the opportunity and ability to accurately observe the things he or she testified about? • Did the witness appear to understand the questions clearly and answer them directly? • Did the witness’s testimony differ from other testimony or other evidence? You should also ask yourself whether there was evidence that a witness testified falsely about an important fact. And ask whether there was evidence that at some other time a witness said or did something, or didn’t say or do something, that was different from the testimony the witness gave during this trial. To decide whether you believe a witness, you may consider the fact that the witness has been convicted of a felony or a crime involving dishonesty or a false statement. But keep in mind that a simple mistake doesn’t mean a witness wasn’t telling the truth as he or she remembers it. People naturally tend to forget some things or remember them inaccurately. So, if a witness misstated something, you must decide whether it was because of an innocent lapse in memory or an intentional deception. The significance of your decision may depend on whether the misstatement is about an important fact or about an unimportant detail. 5 When scientific, technical or other specialized knowledge might be helpful, a person who has special training or experience in that field is allowed to state an opinion about the matter. But that doesn’t mean you must accept the witness’s opinion. As with any other witness’s testimony, you must decide for yourself whether to rely upon the opinion. In this case it is the responsibility of the [Plaintiff] [party bringing any claim] to prove every essential part of [his/her/its] claim[s] by a “preponderance of the evidence.” This is sometimes called the “burden of proof” or the “burden of persuasion.” A “preponderance of the evidence” simply means an amount of evidence that is enough to persuade you that [the Plaintiff’s] [the party’s] claim is more likely true than not true. If the proof fails to establish any essential part of a claim or contention by a preponderance of the evidence, you should find against the [Plaintiff] [party making that claim or contention]. [When more than one claim is involved, you should consider each claim separately.] In deciding whether any fact has been proved by a preponderance of the evidence, you may consider the testimony of all of the witnesses, regardless of who 6 may have called them, and all of the exhibits received in evidence, regardless of who may have produced them. If the proof fails to establish any essential part of [the Plaintiff’s] [a party’s] claim[s] by a preponderance of the evidence, you should find for the [Defendant] [Counter-Defendant, Cross-Claim Defendant] as to that claim. 7 (SPECIFIC LEGAL CHARGES) We will now hear summations, or closing arguments, from the attorneys. Remember that what the lawyers say is not evidence. I encourage you to test what the lawyers say against your own memory of the evidence. You are the judges of the facts – not the lawyers. 8 Final Instruction Ladies and Gentlemen of the Jury: I remind you once again that the arguments of counsel are not evidence in this case. The court allows counsel to make closing arguments or summations to help you recall the evidence and to help you tie the evidence together. You should not substitute what the lawyers say about the evidence for your own recollection. Neither should you decide this case based on the eloquence of the lawyers and their arguments. You must decide the case solely based on your view of the facts as you find them to be from the evidence, and applying the law to those facts as I have instructed you. In this case you have been permitted to take notes during the course of the trial, and most of you – perhaps all of you – have taken advantage of that opportunity and have made notes from time to time. You will have your notes available to you during your deliberations, but you should make use of them only as an aid to your memory. In other words, you should not give your notes any precedence over your independent recollection of the evidence or the lack of evidence; and neither should you be unduly influenced by the notes of other jurors. I emphasize that notes are not entitled to any greater weight than the memory or impression of each juror as to what the testimony may have been. 9 When you get to the jury room, choose one of your members to act as foreperson. The foreperson will direct your deliberations and speak for you in court. A verdict form has been prepared for your convenience. [Explain verdict] Take the verdict form with you to the jury room. When you’ve all agreed on the verdict, your foreperson must fill in the form, sign it and date it. Then you’ll return it to the courtroom. If you wish to communicate with me at any time, please write down your message or question and give it to the court security officer. The court security officer will bring it to me and I’ll respond as promptly as possible – either in writing or by talking to you in the courtroom. Please understand that I may have to talk to the lawyers and the parties before I respond to your question or message, so you should be patient as you await my response. But I caution you not to tell me how many jurors have voted one way or the other at that time. That type of information should remain in the jury room and not be shared with anyone, including me, in your note or question. 10

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NAME ADDRESS DURING LAST 5 YEARS (including county) WORK WITHIN LAST 5 YEARS (or before retirement) Name of employer, if any What duties How long employed? EDUCATION HUSBAND OR WIFE’S WORK EXPERIENCE AS A PARTY IN A LAWSUIT EXPERIENCE AS A WITNESS IN A LAWSUIT EXPERIENCE AS A JUROR IN A LAWSUIT HOBBIES, INTERESTS, ETC.

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CERTIFIED INTERPRETERS AVAILABLE FOR JAIL INTERVIEWS Myra Gann Nashville, TN [email protected] 615-477-5920 Monica Gross Roswell, GA [email protected] 404-642-2280 Laura Hamm Acworth, GA [email protected] 770-354-7708 Heather Hayes Baxter, TN [email protected] 931-256-0272 Jose Lopez Ackerman, MS [email protected] 757-729-1105 Richard Singer Woodstock, GA [email protected] 678-908-9914 Clarence Williams Acworth, GA [email protected] 770-656-4863 Please contact the interpreters directly to schedule jail visits. In addition, once a jail visit has been confirmed, please e-mail [email protected] the case information, name of interpreter, location and time of interview. August 20, 2014