ACTIONS UNDER 28 U.S.C. § 2255

A. Scope.

1. These rules shall apply in the United States District Court, Western District of Pennsylvania, in all proceedings initiated under 28 U.S.C. § 2255. In addition to these rules, all parties also should consult 28 U.S.C. § 2255 and the applicable provisions of the federal habeas corpus statute, 28 U.S.C. §§ 2241-2266, as amended by the Antiterrorism and Effective 65 November 1, 2016 Local Rules of Court Western District of Pennsylvania Death Penalty Act of 1996 ("AEDPA"), P.L. 104-132, effective April 24, 1996. 2.

These Local Rules are intended to supplement, when necessary, the corresponding rules promulgated by the United States Supreme Court that are entitled "Rules Governing Section 2255 Proceedings for the United States District Courts." Those rules are cited herein as "the Federal 2255 Rules," and a specific Federal 2255 Rule is cited as “Federal 2255 Rule ___." All parties should consult the Federal 2255 Rules at the commencement of litigation to ensure compliance with the Federal 2255 Rules, as supplemented by these Local Rules. In filings submitted to this Court, these Local Rules shall be cited as "LCvR 2255.__." B. The Motion. 1. Form. a. Form of Motions Required.

Motions seeking relief under 28 U.S.C. § 2255 filed with this Court may be submitted on the standard form supplied by this Court. If the movant does not use the standard form, the motion must substantially follow the standard form supplied by this Court or the form attached to the Federal 2255 Rules. Motions that do not utilize the standard forms shall contain all of the information required by the standard forms. b. Content. In the § 2255 motion, the movant is to state all grounds for relief, provide specific facts supporting each argument, and identify the relief requested.

An accompanying memorandum of law is not required but will be accepted by the Clerk of Court at the time the motion is filed. c. Where to Get the Standard Form. The standard form supplied by this Court for 28 U.S.C. § 2255 motions can be obtained free of charge from the following sources: (i) this Court's website (www.pawd.uscourts.gov); (ii) this Court's Office of the Clerk of Court upon request; (iii) the Federal Public Defender's website (http://paw.fd.org); or (iv) the Federal Public Defender's Office upon request. d. Requirements Concerning Filing Format. All filings in Section 2255 proceedings must by typed, word-processed or neatly written in ink. All filings must be submitted on paper sized 8½ by 11 inches.

No writing or typing shall be made on the back of any filing. e. Return of Motions that Do Not Substantially Comply With Local Form Rules. If the form or other initial filing submitted by a pro se movant does not substantially comply with Federal 2255 Rule 2, as supplemented by these Local Rules, the Clerk of Court will accept the motion and file it for the sole purpose of preserving the timeliness. If the Court so directs, the filing may be returned to a pro se movant with a copy of the Court's standard form, a statement 66 November 1, 2016 Local Rules of Court Western District of Pennsylvania of reasons for its return, and a directive that the movant resubmit the claims outlined in the original filing on the Court's form. A movant will be given 21 days to return his or her filing on the form supplied by this Court.

A party may seek leave of Court for an extension of time to return the form. f. Certificate Required in Death Penalty Case. A movant challenging the imposition of a sentence of death pursuant to a federal Court judgment shall file with the Clerk of Court a copy of the "Certificate of Death Penalty Case" required by the Third Circuit L.A.R. Misc. 111.2(a). The certificate will include the following information: names, addresses, and telephone numbers of parties and counsel; if set, the proposed date of execution of the sentence; and the emergency nature of the proceedings.

Upon docketing, the Clerk of Court will transmit a copy of the certificate, together with a copy of the relevant documents, to the Clerk of the Court of Appeals as required by Third Circuit L.A.R. Misc. 111.2(a).

C. Filing and Serving the Motion.

1. The original Section 2255 motion shall be filed with the Office of the Clerk of Court. 2. Upon receiving the filing, the Clerk of Court will docket it at two places.

The Clerk of Court will assign a civil case number for the motion, open that civil case, and enter the motion at that civil case number. At the same time, the Clerk of Court will file and docket the motion at the movant's related criminal case number. All filings related to the motion thereafter will be filed and docketed at the criminal case number only, with the exception of the final judgment order. The final judgment order will be filed and docketed at the civil case number only.

If the movant is represented by counsel, Electronic Case Filing (ECF) procedures apply. 3. Following docketing of the filing, the Clerk of Court will deliver a copy of the filing to the United States Attorney by way of a Notice of Electronic Filing (NEF) or by hard copy. Although the United States Attorney has no obligation to do so, he or she may elect to respond to the motion prior to receipt of a District Court order directing that a response be filed.

D. Preliminary Review.

These Local Rules provide no supplement to Federal 2255 Rule 4. Please consult that rule regarding preliminary review.

E. The Answer and the Reply.

1. Order Directing Response. Upon undertaking preliminary review of the motion for relief under 28 U.S.C. § 2255 (and the United States Attorney's initial response, if any), if the Court finds that there is no basis for dismissal, the Court must enter an order directing the United States Attorney to respond by way of an Answer, motion or other form of 67 November 1, 2016 Local Rules of Court Western District of Pennsylvania response within 45 days. An extension may be granted only for good cause shown.

2. The Reply. Although not required, the movant may file a Reply within 30 days of the date the United States Attorney files its Answer or other form of response. If the movant wishes to file a Reply after 30 days have passed, he or she must file a motion requesting leave to do so.

An extension may be granted only for good cause shown.

F. Discovery.

These Local Rules provide no supplement to Federal 2255 Rule 6. Please consult that rule regarding discovery.

G. Expanding the Record.

These Local Rules provide no supplement to Federal 2255 Rule 7. Please consult that rule regarding expanding the record.

H. Evidentiary Hearing.

Local Rules of Criminal Procedure [insert Local Rule here when that Rule is finalized] apply at a hearing under Federal 2255 Rule 8(d).

I. Second or Successive Motions.

These Local Rules provide no supplement to Federal 2255 Rule 9. Please consult that rule regarding second or successive motions.

J. Powers of a Magistrate Judge.

Motions filed under 28 U.S.C. § 2255 shall be assigned to District Judges only.

K. Appeals.

1. Upon entry of a final decision on a motion decided pursuant to 28 U.S.C. § 2255, the Court shall set forth the judgment on a separate document and enter the judgment on the civil docket as required under Fed. R. Civ. P. 58(a)(1). 2. The time for filing a notice of appeal is governed by Fed. R. App. P. 4(a) and such time commences when the Court enters the judgment as described above in subsection (a).

L. Applicability of the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure. These Local Rules provide no supplement to Federal 2255 Rule 12. Please consult that rule regarding the applicability of the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure.

M. The Appointment of Counsel.

There is no constitutional right to counsel in proceedings brought under 28 U.S.C. § 2255. Financially eligible movants may, however, request that counsel be appointed at any time. See 18 U.S.C. § 3006A. Pursuant to Federal 2255 Rule 6(a), the Court may, if necessary for effective discovery, appoint counsel for a movant who qualifies to have counsel appointed under 18 U.S.C. § 3006A.

Pursuant to Federal 2255 Rule 8(c), if an evidentiary hearing is warranted, the Court must appoint counsel to represent a moving party who qualifies to have counsel appointed under 18 U.S.C. § 3006A. This Local Rule is not intended to alter or limit the appointment of counsel 68 November 1, 2016 Local Rules of Court Western District of Pennsylvania available pursuant to Federal 2255 Rule 6(a), Federal 2255 Rule 8(c), or 18 U.S.C. § 3006A. 69 November 1, 2016 Local Rules of Court Western District of Pennsylvania IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA LOCAL CRIMINAL RULES OF COURT 70 November 1, 2016 Local Rules of Court Western District of Pennsylvania LOCAL CRIMINAL RULES OF COURT LCrR 1 CITATION AND APPLICABILITY TO PRO SE DEFENDANTS These rules may be cited as "LCrR." Where the defendant is proceeding pro se, references in these rules to defense counsel shall be taken to include the pro se defendant. LCrR 5 INITIAL APPEARANCE BEFORE MAGISTRATE JUDGE A. Opportunity to Consult With Counsel.

A defendant shall be given an opportunity to consult with counsel at his or her Initial Appearance and before an initial interview with Pretrial Service Officers. The Federal Public Defender, or an attorney from the CJA Panel if the Federal Public Defender has a conflict, as directed by the Court, will provide advice of rights to defendants before their interview with Pretrial Services. Notwithstanding the foregoing, the Court may establish a separate protocol or procedure for situations involving the substantially contemporaneous arrests of ten or more individuals.

B. Notification of Counsel.

It is the responsibility of the Magistrate Judge assigned to criminal duty to notify the Federal Public Defender, or the defendant's retained counsel if known, before the Initial Appearance.

C. Eligibility for Appointed Counsel.

When a defendant requests appointment of counsel, and the Court determines that the defendant is eligible for appointed counsel, the Court will appoint counsel under the Criminal Justice Act at the time of the Initial Appearance.

D. Entry of Appearance.

In all criminal cases involving privately retained counsel, a notice of appearance of counsel shall be filed at or before the first appearance of counsel. See also LCvR 83.2.C.1.

E. Withdrawal of Appearance.

In any criminal proceeding, no attorney whose appearance has been entered shall withdraw his or her appearance except upon filing a written petition stating reasons for withdrawal, and only with leave of Court and upon reasonable notice to the client. See also LCvR 83.2.C.4. LCrR 10 ARRAIGNMENTS Arraignments may be conducted by the Magistrate Judge in cases triable by the Magistrate Judge and in other cases to the extent of taking a not guilty plea or noting a defendant's intention to plead guilty or nolo contendere and ordering a presentence report in appropriate cases. Upon the request of the defendant, the government shall provide available Fed. R. Crim. P. 16 material to the defendant at the time of the arraignment, and the Fed. R. Crim. P. 16 receipt shall be filed with the Court.

Upon written request by the defendant, the Magistrate Judge 71 November 1, 2016 Local Rules of Court Western District of Pennsylvania may set a date for the filing of pretrial motions up to 45 days from the date of the arraignment, and order that the period of the extension shall be excluded from the time within which the trial of the case shall commence under the Speedy Trial Act, as necessary to provide the defendant with adequate time for investigation and preparation of motions. Any other motions for extension of time shall be filed with the District Judge. Comment (February 2013) Forms for Motions to Extend Time to File Pretrial Motions will be available to counsel at the time of the arraignment and may be approved by Order of the Magistrate Judge. The 45 day period will be excluded from the Speedy Trial Act 18 U.S.C. § 3161 et seq.

LCrR 12 PRETRIAL MOTIONS A. Timing. Motions that must be made before trial under Fed. R. Crim. P.12, those made under Rule 41, and a motion for a bill of particulars under Fed. R. Crim. P. 7 shall be made within fourteen days after arraignment, unless the court extends the time at arraignment, or upon written application made within the said fourteen day period. The court, in its discretion, may, however, for good cause shown, permit a motion to be made and heard at a later date.

B. Requirements.

All such motions shall contain a short and plain description of the requested relief and incorporate or be accompanied by a memorandum or brief setting forth the reasons and legal support for the granting of the requested relief.

C. Response.

Any party opposing a motion may file and serve a response within fourteen days after service of the motion, unless the time period is otherwise extended by the Court. Every response shall incorporate or be accompanied by a memorandum or brief setting forth the reasons and legal support for the respondent's position.

D. Reply Memorandum.

The movant may file and serve a reply memorandum within fourteen days after service of the response, unless the time period is otherwise extended by the Court.

E. Motion to Extend Time.

Any motion to extend the time limits set forth above shall set forth the grounds upon which it is made and whether the continuance sought shall constitute, in whole or in part, excludable time as defined by 18 U.S.C. § 3161(h). Said motion to extend time shall be accompanied by a proposed form of Order that, if adopted, will state fully and with particularity the reasons for granting the motion as well as the proposed findings of the Court as to excludable time. Extensions of the time limits set forth above shall be excludable to the extent authorized by 18 U.S.C. § 3161(h). Extensions shall be granted by the Court where warranted by the ends of justice in accordance with the list of factors set forth in § 3161(h)(7)(B).

The Court may consider good faith scheduling conflicts, additional time needed for reasonable preparation, the interests of the defendant and the government in maintaining continuity of 72 November 1, 2016 Local Rules of Court Western District of Pennsylvania counsel, and other unavoidable problems, such as emergencies and illness. This list is illustrative and not exclusive. LCrR 16 DISCOVERY AND INSPECTION A. Compliance With Fed. R. Crim. P. 16. The parties shall comply with Fed. R. Crim. P. 16, including the reciprocal discovery provisions of Fed. R. Crim. P. 16(b).

B. Timing.

Upon a defendant's request, the government shall make available the Rule 16 material at the time of the arraignment. If discovery is not requested by the defendant at the time of the arraignment, the government shall disclose such material within seven (7) days of a defendant's request. The government shall file a receipt with the Court which sets forth the general categories of information subject to disclosure under Rule 16, as well as any exculpatory evidence, and the items provided under each category.

C. Exculpatory Evidence.

At the time of arraignment, and subject to a continuing duty of disclosure thereafter, the government shall notify the defendant of the existence of exculpatory evidence, and permit its inspection and copying by the defendant.

D. Voluntary Disclosure.

Nothing in this rule shall be construed to prevent the government from voluntarily disclosing material to the defendant at an earlier time than that required by Fed. R. Crim. P. 16, Fed. R. Crim. P. 26.2 and 18 U.S.C. § 3500.

E. Obligation to Confer.

Counsel shall confer and attempt to resolve issues regarding additional discovery before a motion to produce is filed with the Court.

F. Status Conference.

The Court shall hold a status conference with counsel approximately 30 days after Arraignment, on a date certain to be set by the Court. Counsel must be prepared to discuss case scheduling matters, including the timing of disclosures required by law or by rule of Court, as well as the progress of discovery to date. The attendance of the defendant shall be at the discretion of the Court. LCrR 23 LAW ENFORCEMENT EVIDENCE In all cases where money, firearms, narcotics, controlled substances or any matter of contraband is introduced into evidence, such evidence shall be maintained for safekeeping by law enforcement during all times when court is not in session, and at the conclusion of the case.

The law enforcement agent will be responsible for its custody if the evidence is required for any purpose thereafter. See also LCvR 5.1.J. 73 November 1, 2016 LCrR 24.1 JURY LIST Local Rules of Court Western District of Pennsylvania Members of the bar of this court shall be permitted to have a copy of each jury list on condition that a receipt be signed with the Clerk of Court at the date of delivery thereof which shall contain as the substance the following certification: "I hereby certify that I and/or my firm or associates have litigation pending and in connection therewith, I will require a list of jurors. I further acknowledge to have received a copy of said list of jurors from the Clerk of Court and hereby agree that I will not, nor will I permit any person or agency, to call or contact any juror identified on said list at his or her home or any other place, nor will I call or contact any immediate member of said juror's family, which includes his or her spouse, children, mother, father, brother, or sister, in an effort to determine the background of any member of said jury panel for acceptance or rejection of said juror. Date: " /s/_________________ LCrR 24.2 EXAMINATION OF JURORS BEFORE TRIAL Jury selection in a criminal case shall be governed by Fed. R. Crim. P. 23 and 24 and by such procedures established by the trial judge.

In its discretion, the Court may require potential jurors to complete a questionnaire before the formal voir dire process commences.

A. Examination of Jurors Before Trial.

During the examination of jurors before trial, the Judge or a representative of the Clerk of Court conducting such examination, shall state the following to the jurors collectively: 1. The name of each of the defendants and the names of the attorneys for the parties; and 2. The nature of the case and the offenses charged.

B. Required Questions.

The examination of jurors shall contain the following questions, or questions substantially similar thereto: 1. Do you know any of the defendants? 2. Do you know any of the attorneys in the case?

Have they or their firms ever represented you or any members of your immediate family? 3. Do you know anything about this case? 4.

(If appropriate) Are you or any member of your immediate family, employees, former employees or stockholders in any of the corporations or businesses involved in this case? The names of corporations and businesses involved in this case are: 74 November 1, 2016 Local Rules of Court Western District of Pennsylvania 5. Are you or any member of your immediate family employed by the federal government (with the exception of military service)? What do they do?

6. Are you or any member of your immediate family employed by any law enforcement agency?

C. Questions to Individual Jurors.

The following questions, where appropriate, shall, inter alia, be put to each juror individually: 1. What is your present occupation? 2. Who is you employer?

3. If you are retired, who was your last employer and what was your occupation? 4. Are you married?

If so, what is your spouse's occupation and who is your spouse's employer? 5. Do you have any children? Do any of them work in the Western District of Pennsylvania?

For whom do they work and what do they do? 6. Have you ever been a witness or defendant in a criminal case? 7.

Have you ever been the victim of a crime? 8. Any other question which in the judgment of the Court shall be deemed proper. LCrR 24.3 COMMUNICATION WITH A TRIAL JUROR A. During Trial.

During the trial, no party, attorney for a party, or person acting on behalf of a party or attorney, shall communicate directly or indirectly with any of the following: (1) a juror, (2) an excused juror, (3) an alternate juror or (4) a family member or person living within the same household as a juror, excused juror or alternate juror.

B. After Trial.

After a verdict is rendered or a mistrial is declared, the Court shall inform the jury that no juror is required to speak to anyone, but that a juror may do so if the juror wishes. LCrR 24.4 JUROR NOTE TAKING Jurors may be permitted to take notes in the discretion of the Court. If jurors are permitted to take notes, the Court will provide jurors with the necessary materials, and shall retain custody of the notes when Court is not in session or 75 November 1, 2016 Local Rules of Court Western District of Pennsylvania the jury is not deliberating. After the jury is discharged by the Court, the notes shall be destroyed.

LCrR 28 INTERPRETERS A court certified interpreter will be provided by the Court and present for all proceedings involving defendants who are not proficient in English. LCrR 32 PROCEDURE FOR GUIDELINE SENTENCING The following procedures hereby are established to govern sentencing proceedings in this Court, in addition to the requirements of Fed. R. Crim. P. 32; the Sentencing Reform Act of 1984, 18 U.S.C. § 3551 et seq.; and the advisory United States Sentencing Guidelines ("U.S.S.G."), as promulgated under that Act and by the Sentencing Commission Act, 28 U.S.C. § 991 et seq.

A. Timing of Sentencing.

Unless the Court orders otherwise, sentencing proceedings shall be scheduled no earlier than 14 weeks following the entry of a plea of guilty or nolo contendere, or the entry of a verdict of guilty.

B. Presentence Investigation and Report.

Counsel is directed to the requirements of Fed. R. Crim. P. 32(c) and Fed. R. Crim. P. 32(d) regarding Presentence Investigations and Reports.

C. Presentence Procedures.

No later than 7 weeks prior to the date set for sentencing, the United States Probation Office ("USPO") shall disclose the tentative Presentence Investigation Report ("PSR") to only the defendant, the defendant's attorney, and the attorney for the government. See Fed. R. Crim. P. 32(e)(2) and § 6A1.2(a) of the U.S.S.G. 1. Confidentiality. The PSR is a confidential court document.

No copies or dissemination of the PSR shall be made without the express permission or Order of this Court, except that, pursuant to Third Circuit Local Appellate Rule 30.3(c), copies may be made for the United States Court of Appeals in any appeal from the sentence. The unauthorized copying or disclosure of the PSR may be treated as a contempt of court and be punished accordingly. 2. Administrative Resolution.

If a party disputes facts or factors material to sentencing contained in the PSR, or seeks the inclusion of additional facts or factors material to sentencing, that party shall have the obligation to pursue the administrative resolution of that matter through informal presentence conferences with opposing counsel and the USPO. a. The party seeking administrative resolution of such facts and factors shall do so within 2 weeks from the disclosure of the tentative PSR. 76 November 1, 2016 Local Rules of Court Western District of Pennsylvania b. No later than 2 weeks after the disclosure of the tentative PSR, following any good faith efforts to resolve disputed, or include additional, material facts or factors described above, the USPO shall notify the attorneys for the government and the defendant of those matters that have, or have not, been administratively resolved. 3. Disclosure of PSR to Court.

Following the 2 week time period for administrative resolution, and no later than 5 weeks before sentencing, pursuant to Fed. R. Crim. P. 32(g), the USPO shall disclose the PSR, as may be amended, to the Court, the defendant, the attorney for the defendant, and the attorney for the government. 4. Objections; Positions of the Parties. No later than 4 weeks before sentencing, the parties each shall file with the court a pleading entitled "Position of [Defendant or Government, as appropriate] With Respect to Sentencing Factors," pursuant to Fed. R. Crim. P. 32(f) and § 6A1.2(b) of the U.S.S.G. This pleading shall set forth any objections to the PSR and any anticipated grounds for: (a) departure from the advisory guideline sentencing range; or, (b) a sentence outside of the advisory guideline sentencing range, pursuant to the provisions of 18 U.S.C. § 3553(a).

The party's Position With Respect to Sentencing shall be accompanied by a written statement certifying that filing counsel has conferred with opposing counsel and with the USPO in a good faith effort to resolve any disputed matters. 5. Responses to Objections and Positions. A party may file a response to the opposing party's Position With Respect to Sentencing Factors no later than 3 weeks prior to the sentencing.

6. Action on Objections; Addendum. After receiving counsel's objections and any responses thereto, the USPO shall conduct such further investigation as appropriate. The USPO may meet or otherwise confer with counsel to discuss unresolved factual or legal issues. a. No later than 2 weeks before sentencing, the USPO shall serve an addendum which shall set forth any unresolved objections to the PSR, the grounds for those objections, the responses thereto, and the USPO's comments thereon. b. The USPO shall certify that the PSR, together with any revision thereof and any addendum thereto, have been disclosed to the defendant and all counsel of record, and that the addendum fairly sets forth any remaining objections and responses.

7. Court's Tentative Findings and Rulings. Prior to the sentencing hearing, the Court shall notify the parties and the USPO of the Court's tentative findings and rulings, to the extent practicable, concerning disputed facts or factors. Reasonable opportunity shall be provided to the parties, prior to the imposition of sentence, for the submission of oral or written objections to the Court's tentative findings and rulings.

77 November 1, 2016 Local Rules of Court Western District of Pennsylvania 8. Supplemental Information and Memoranda. No later than 1 week before sentencing, a party may file supplemental information or a memorandum with respect to sentencing of the defendant, and shall serve the same upon the USPO. If counsel for the defendant intends to submit letters to the Court for consideration at sentencing, said letters should be electronically filed at least seven calendar days before sentencing.

Opposing counsel may file a response to any supplemental information or memorandum no later than three days before sentencing. 9. Additional Information and Memoranda. For good cause shown, the Court may allow additional information and memoranda, and the responses thereto, to be raised at any time prior to the imposition of sentence.

10. Introducing Evidence. When any fact or factor material to the sentencing determination is reasonably in dispute, the parties shall be given an adequate opportunity to introduce evidence and to present information to the Court regarding that fact or factor, in accordance with § 6A1.3(a) of the U.S.S.G. 11. Court Determinations.

Except with respect to any objection made pursuant to Fed. R. Crim. P. 32(f) and LCrR 32.C.5, above, the Court may accept as accurate any undisputed portion of the PSR as a finding of fact. However, with respect to disputed portions of the PSR, the Court shall make determinations pursuant to Fed. R. Crim. P. 32(i)(3) and § 6A1.3 of the U.S.S.G. D. Judicial Modifications. For good cause shown, the time limits set forth in LCrR 32 may be modified by the Court.

E. Pre-Plea Presentence Investigations and Reports.

Under appropriate circumstances, and with the written consent of the defendant pursuant to Fed. R. Crim. P. 32(e)(1), the Court may order the USPO to conduct a Presentence Investigation and prepare a PSR for a defendant prior to the entry of a plea of guilty or nolo contendere. The scope of any pre-plea PSR shall be determined by the Court.

F. Revocation of Probation and Supervised Release.

In every case where revocation of probation or supervised release is sought, the United States Probation Office shall prepare and disclose to the defendant’s attorney and the attorney for the government a Violation Work Sheet outlining the terms and class of the original conviction, the grading of each alleged violation and the advisory guideline range of sanctions for the alleged violation, if applicable. G. Nondisclosure of Probation Office’s Sentencing Recommendation. The specific sentencing recommendation of the United States Probation Office, which is submitted to the Court, shall not be disclosed to the parties or their counsel. 78 November 1, 2016 Local Rules of Court Western District of Pennsylvania LCrR 41 INSPECTION AND COPYING OF SEIZED PROPERTY Under appropriate circumstances, upon the filing of a motion and a showing of good cause by the party seeking relief, the Court may enter an order which permits such party (1) to have reasonable access to seized property, including documents, for inspection; or (2) to obtain copies of seized documents or property other than contraband.

The moving party shall bear the cost of copying, unless otherwise ordered by the Court for good cause shown. In fashioning an order for relief under this Rule, the Court shall consider, among other things, the burden of compliance with the order upon the government, as well as the needs of the party seeking relief. Nothing herein is intended to limit any remedies which may be available under Fed. R. Crim. P. 41(g). LCrR 46 TYPES OF BAIL IN CRIMINAL CASES Provided that a bond in the form available at the office of the Clerk of Court is executed, any of the following may be accepted as security: A. United States currency, or a certificate of deposit of a federally insured bank or savings and loan association, or federal, state or local government securities or bonds, or corporate securities or bonds of companies listed on the New York Stock Exchange, or a combination thereof, in the face amount of the bail, provided that the instruments are payable on demand, and provided further that, if the instruments are payable to one or more persons, the Clerk of Court or the appropriate judicial officer is satisfied that the endorsements of all owners have been secured as obligers.

B. Real property in the Commonwealth of Pennsylvania, including realty in which the defendant has an interest, in which the market value of the property after subtracting the current value of all mortgages, liens and judgments, equals the amount of the bond. See also Fed. R. Crim. P. 46(e). The Clerk of Court shall maintain in its office and on its official website the procedures and requirements for posting of property bonds. C. A surety company or corporation authorized by the Secretary of Treasury of the United States to act as surety on official bonds under the Act of August 13, 1894 (28 Stat. 279, as amended, U.S.C. Title 6, 1-13).

D. Such other property as the court deems sufficient pursuant to the Bail Reform Act of 1984, 18 U.S.C. § 3142(c)(2)(K). LCrR 49 ELECTRONIC CASE FILING; SEALING OF DOCUMENTS A. Electronic Case Filing Policies and Procedures. Counsel must comply with the Electronic Case Filing Policies and Procedures promulgated by the Court which govern all criminal cases and matters. All documents must comply with the privacy protection provisions set forth in Fed. R. Crim. P. 49.1 and LCvR 5.2.D. 79 November 1, 2016 Local Rules of Court Western District of Pennsylvania B. Filing by Electronic Means.

Documents may be filed, signed and verified by electronic means to the extent and in the manner authorized by the Court's Standing Order regarding Electronic Case Filing Policies and Procedures and the ECF User Manual. A document filed by electronic means in compliance with this Local Rule constitutes a written document for the purposes of applying these Local Rules, the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure. See also LCvR 5.5.

C. Service by Electronic Means.

Documents may be served through the Court's transmission facilities by electronic means to the extent and in the manner authorized by the Standing Order regarding Electronic Case Filing Policies and Procedures and the ECF User Manual. Transmission of the Notice of Electronic Filing constitutes service of the filed document upon each party in the case who is registered as a Filing User. Any other party or parties shall be served documents according to these Local Rules, the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure. See also LCvR 5.6.

D. Filing Under Seal.

The following documents shall be accepted by the Clerk for filing under seal without the necessity of a separate sealing order: (1) Motions setting forth the substantial assistance of a defendant in the investigation or prosecution of another person pursuant to U.S.S.G. § 5K1.1 or Fed. R. Crim. P. 35; (2) Motions for writs to produce incarcerated witnesses for testimony; (3) Motions for subpoenas for witnesses; (4) Motions by counsel seeking authorization for the expenditure of funds under the Criminal Justice Act, or seeking reimbursement for expenses incurred or attorney's fees. Such documents should be presented to the Clerk in hard copy for scanning and docketing under seal.

E. Provision of Sealed Documents to Opposing Party.

Counsel of record may exchange copies of sealed documents, without obtaining leave of court, if the document is provided in an ongoing criminal case. LCrR 57 ASSIGNMENT OF CASES A. Criminal Action Categories. All criminal cases in this district shall be divided into the following categories: 1a. Narcotics and Other Controlled Substances, 1 to 2 Defendants 1b.

Narcotics and Other Controlled Substances, 3 to 9 Defendants 1c. Narcotics and Other Controlled Substances, 10 or more Defendants 2a. Fraud and Property Offenses, 1 to 2 Defendants 2b. Fraud and Property Offenses, 3 to 9 Defendants 2c.

Fraud and Property Offenses, 10 or more Defendants 80 November 1, 2016 Local Rules of Court Western District of Pennsylvania 3. 4. 5. 6.

7. Crimes of Violence Sex Offenses Firearms and Explosives Immigration All Others. For purposes of determining the appropriate category, the number of defendants in related indictments which are returned during the same grand jury session shall be combined. See also LCvR 40.B. B. Assignment of Criminal Cases to District Judges.

All criminal cases shall be assigned by the Clerk of Court at the earlier of (1) the time of filing of the indictment or information; (2) when any appeal is taken from a Magistrate Judge's decision on bail; (3) upon the filing of a motion for return of seized property; (4) upon the filing of a motion to quash a subpoena; (5) upon the filing of a motion to dismiss the complaint; (6) upon the filing of any motions of a similar nature that a Magistrate Judge concludes must be handled by a District Judge; or, (7) at the time of filing any motion in a case at the magisterial stage for a competency determination.

C. Related Actions.

At the time of filing any criminal action or entry of appearance or any initial pleading or motion by defense counsel, as the case may be, counsel shall indicate on an appropriate form whether the action is related to any other pending or previously terminated actions in this Court. For the purpose of completing the form, all criminal actions arising out of the same criminal transaction or series of transactions are deemed related. LCrR 58 PROCEDURES FOR MISDEMEANORS AND OTHER PETTY OFFENSES See LCvR 72. LCrR 83 FREE PRESS -- FAIR TRIAL PROVISIONS A. Release of Information in Criminal Litigation.

A lawyer or law firm shall not release or authorize the release of information or opinion that a reasonable person would expect to be disseminated by means of public communication, in connection with pending or imminent criminal litigation with which he or she or the firm is associated, if there is a substantial likelihood that such release would materially prejudice ongoing criminal proceedings.

B. Release Beyond Public Record.

With respect to a pending investigation of any criminal matter, a lawyer participating in or associated with the investigation shall refrain from making any extrajudicial statement that a reasonable person 81 November 1, 2016 Local Rules of Court Western District of Pennsylvania would expect to be disseminated by means of public communication, that goes beyond the public record, if there is a substantial likelihood that such statement would materially prejudice such pending investigation.

C. Subjects Likely to Be Materially Prejudicial.

From the time of arrest, issuance of an arrest warrant, or the filing of a complaint, information, or indictment in any criminal matter until the commencement of trial or disposition without trial, extrajudicial statements by a lawyer or law firm associated with the prosecution or defense that a reasonable person would expect to be disseminated by means of public communication relating to the following subjects are substantially likely to be considered materially prejudicial to ongoing criminal proceedings: 1. the prior criminal record (including arrests, indictments, or other charges of crime), or the character or reputation of the accused, except that the lawyer or law firm may make a factual statement of the accused's name, age, residence, occupation, and family status, and if the accused has not been apprehended, a lawyer associated with the prosecution may release any information necessary to aid in his or her apprehension or to warn the public of any dangers he or she may present; 2. the existence or contents of any confession, admission, or statement given by the accused, or the refusal or failure of the accused to make any statement; 3. the performance of any examinations or tests or the accused's refusal or failure to submit to an examination or test; 4. the identity, testimony or credibility of prospective witnesses, except that the lawyer or law firm may announce the identity of the victim if the announcement is not otherwise prohibited by law; 5. the possibility of a plea of guilty to the offense charged or a lesser offense; or 6. any opinion as to the accused's guilt or innocence or as to the merits of the case or the evidence in the case, except that counsel may announce without further comment that the accused asserts innocence or denies the charges made against him or her. Unless otherwise prohibited by law, the foregoing shall not be construed to preclude the lawyer or law firm during this period, in the proper discharge of his or her or its official or professional obligations, from announcing the fact, time and place of arrest, the identity of the investigating and arresting officer or agency, and the length of the investigation; from disclosing the nature, substance, or text of the charge, including a brief description of the offense charged; from quoting or referring without comment to public records of the Court in the case; from announcing the scheduling or result of any stage in the judicial process; from requesting assistance in obtaining evidence; or from announcing without further comment that the accused asserts innocence or denies the charges made against him or her. 82 November 1, 2016 Local Rules of Court Western District of Pennsylvania LCrR 83.2 PRO HAC VICE ADMISSIONS Pro Hac Vice Admissions. A motion for admission pro hac vice must be made by the attorney seeking to be admitted and must be accompanied by an affidavit from the attorney seeking to be admitted pro hac vice (the “affiant”).

The affidavit must include the affiant’s name, law firm affiliation (if any), business address, and bar identification number. The affiant must attest in the affidavit that the affiant is a registered user of ECF in the United States District Court for the Western District of Pennsylvania, that the affiant has read, knows, and understands the Local Rules of Court for the United States District Court for the Western District of Pennsylvania, and that the affiant is a member in good standing of the bar of any state or of any United States District Court. The affidavit must list the bars of any state or of any United States court of which the affiant is a member in good standing. The affiant must attach to the affidavit one current certificate of good standing from the bar or the court in which the affiant primarily practices.

The affidavit also must list and explain any previous disciplinary proceedings concerning the affiant’s practice of law that resulted in a non-confidential negative finding or sanction by the disciplinary authority of the bar of any state or any United States court. The Court will not rule on a motion for admission pro hac vice that does not include an affidavit containing the information and attestations required by this rule. The forms of the motion for admission pro hac vice and accompanying affidavit are set forth in “Appendix LCvR/LCrR 83.2.B- MOTION,” and “Appendix LCvR/LCrR 83.2,B-AFFIDAVIT.” 83 November 1, 2016 Local Rules of Court Western District of Pennsylvania IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA LOCAL BANKRUPTCY APPELLATE RULES OF COURT 84 November 1, 2016 Local Rules of Court Western District of Pennsylvania LOCAL BANKRUPTCY APPELLATE RULES OF COURT LBR 8007-2 APPEAL TO THE DISTRICT COURT FROM THE BANKRUPTCY COURT A. Appeals to the United States District Court from the United States Bankruptcy Court for the Western District of Pennsylvania pursuant to 28 U.S.C. § 158, shall be taken in the manner prescribed in Part VIII of the Federal Rules of Bankruptcy Procedure (hereinafter Fed. R. Bankr. P.), Rule 8001, et seq. B. Where, after a notice of appeal to the United States District Court has been filed in the Bankruptcy Court, the appellant fails to designate the contents of the record on appeal or fails to file a statement of issues on appeal within the time required by Fed. R. Bankr. P. 8006, or fails to provide, when appropriate, evidence that a transcript has been ordered and that payment therefor has been arranged, or fails to take any other action to enable the bankruptcy clerk to assemble and transmit the record: 1. the bankruptcy clerk shall provide fourteen (14) days notice to the appellant and appellee of an intention to transmit a partial record consistent with Subsection B.2. of this rule; 2. after the 14 day notice period required by subsection B.1. of this rule has expired, the clerk of the bankruptcy court shall thereafter promptly forward to the clerk of the United States District Court a partial record consisting of a copy of the order or judgment appealed from, any opinion, findings of fact, and conclusions of law by the court, the notice of appeal, a copy of the docket entries, any documents filed as part of the appeal, and any copies of the record which have been designated by the parties pursuant to Fed. R. Bankr. P. 8006; the record as transmitted shall be deemed to be the complete record for purposes of the appeal; and 3. the district court may dismiss said appeal for failure to comply with Fed. R. Bankr. P. 8006 upon its own motion, or upon motion filed in the district court by any party in interest or the United States trustee.

C. Notwithstanding any counter designation of the record or statement of issues filed by the appellee, if the appellee fails to provide, where appropriate, evidence that a transcript has been ordered and that payment therefore has been arranged, or the appellee fails to take any other action to enable the bankruptcy clerk to assemble and transmit the record pursuant to Fed. R. Bankr. P. 8006, the bankruptcy clerk shall transmit the copies of the record designated by the parties and this shall be deemed to be the complete record on appeal. 85 November 1, 2016 Local Rules of Court Western District of Pennsylvania LBR 9015-1 JURY TRIAL IN BANKRUPTCY COURT A. In accordance with 28 U.S.C. § 157(e), the Bankruptcy Judges of this Court are specially designated to conduct jury trials where the right to a jury applies. This jurisdiction is subject to the express consent of all parties. B. The jurors will be drawn from the same qualified jury wheels, consisting of the same counties, that are used in this Court.

86 November 1, 2016 Local Rules of Court Western District of Pennsylvania IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA APPENDICES TO RULES 87 November 1, 2016 Local Rules of Court Western District of Pennsylvania APPENDIX LCvR 7.1.A IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA vs. Civil Action No. _______________ or Criminal Action No. ____________ DISCLOSURE STATEMENT Pursuant to LCvR 7.1 of the Western District of Pennsylvania and to enable Judges and Magistrate Judges to evaluate possible disqualification or recusal, the undersigned counsel for ,in the above captioned action, certifies that the following are parents, subsidiaries and/or affiliates of said party that have issued shares or debt securities to the public: or Pursuant to LCvR 7.1 of the Western District of Pennsylvania and to enable Judges and Magistrate Judges to evaluate possible disqualification or recusal, the undersigned counsel for , in the above captioned action, certifies that there are no parents, subsidiaries and/or affiliates of said party that have issued shares or debt securities to the public. Date ______________________________________ Signature of Attorney or Litigant 88 November 1, 2016 Local Rules of Court Western District of Pennsylvania APPENDIX LCvR 7.1.B IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA vs. Civil Action No. _______________ RICO CASE STATEMENT Pursuant to LCvR 7.1.B, any party filing a civil action under 18 U.S.C. §§ 1961-1968 shall set forth those facts upon which such party relied to initiate the RICO claim as a result of the "reasonable inquiry" required by Fed. R. Civ. P. 11. The statement shall be in paragraph form corresponding by number and letter to the paragraphs and subparagraphs appearing below and shall provide in detail and with specificity the information required herein. 1.

State whether the alleged unlawful conduct is in violation of any or all of the provisions of 18 U.S.C. §§ 1962(a), (b), (c) or (d). 2. List each defendant and state the alleged misconduct and basis of liability of each defendant. 3.

List alleged wrongdoers, other than the defendants listed above, and state the alleged misconduct of each. 4. List the alleged victims and state how each victim has been allegedly injured. 5.

Describe in detail the pattern of racketeering activity or collection of unlawful debts alleged for each RICO claim. The description of the pattern of racketeering shall include the following information: a. A list of the alleged predicate acts and the specific statutes which were allegedly violated; b. The date of each predicate act, the participants in each such predicate act and the relevant facts surrounding each such predicate act; c. The time, place and contents of each alleged misrepresentation, the identity of persons by whom and to whom such alleged misrepresentation was made and if the 89 November 1, 2016 Local Rules of Court Western District of Pennsylvania predicate act was an offense of wire fraud, mail fraud or fraud in the sale of securities. The "circumstances constituting fraud or mistake" shall be stated with particularity as provided by Fed. R. Civ. P. 9(b); d. Whether there has been a criminal conviction for violation of any predicate act and, if so, a description of each such act; e. Whether civil litigation has resulted in a judgment in regard to any predicate act and, if so, a description of each such act; f. A description of how the predicate acts form a "pattern of racketeering activity." 6. State whether the alleged predicate acts referred to above relate to each other as part of a common plan, and, if so, describe in detail the alleged enterprise for each RICO claim.

A description of the enterprise shall include the following information: a. The names of each individual partnership, corporation, association or other legal entity which allegedly constitute the enterprise; b. A description of the structure, purpose, function and course of conduct of the enterprise; c. Whether each defendant is an employee, officer or director of the alleged enterprise; d. Whether each defendant is associated with the alleged enterprise; e. Whether it is alleged that each defendant is an individual or entity separate from the alleged enterprise, or that such defendant is the enterprise itself, or a member of the enterprise; and f. If any defendant is alleged to be the enterprise itself, or a member of the enterprise, an explanation whether each such defendant is a perpetrator, passive instrument or victim of the alleged racketeering activity. 7. State and describe in detail whether it is alleged that the pattern of racketeering activity and the enterprise are separate or have merged into one entity. 8.

Describe the alleged relationship between the activities of the enterprise and the pattern of racketeering activity. Discuss how the racketeering activity differs from the usual and daily activities of the enterprise, if at all. 9. Describe what benefits, if any, the alleged enterprise receives from the alleged pattern of racketeering.

10. Describe the effect of the activities of the enterprise on interstate or foreign commerce. 11. If the complaint alleges a violation of 18 U.S.C. § 1962(a), provide the following information: 90 November 1, 2016 Local Rules of Court Western District of Pennsylvania a. The recipient of the income derived from the pattern of racketeering activity or through the collection of an unlawful debt; and b. A description of the use or investment of such income.

12. If the complaint alleges a violation of 18 U.S.C. § 1962(b), describe in detail the acquisition or maintenance of any interest in or control of the alleged enterprise. 13. If the complaint alleges a violation of 18 U.S.C. § 1962(c), provide the following information: a. The identity of each person or entity employed by, or associated with, the enterprise and b. Whether the same entity is both the liable "person" and the "enterprise" under § 1962(c).

14. If the complaint alleges a violation of 18 U.S.C. § 1962(d), describe in detail the alleged conspiracy. 15. Describe the alleged injury to business or property.

16. Describe the direct causal relationship between the alleged injury and the violation of the RICO statute. 17. List the damages sustained by each plaintiff for which each defendant is allegedly liable.

18. List all other federal causes of action, if any, and provide the relevant statute numbers. 19. List all pendent state claims, if any.

20. Provide any additional relevant information that would be helpful to the court in processing the RICO claim. 91 November 1, 2016 Local Rules of Court Western District of Pennsylvania APPENDIX LCvR 16.1.A IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA [CAPTION] [JUDICIAL OFFICER(S)] Fed. R. Civ. P. 26(f) REPORT OF THE PARTIES Counsel for the parties and unrepresented parties shall confer regarding the matters identified herein and prepare a signed report in the following form to be filed at least 21 days before the Initial LCvR 16.1 Scheduling Conference or at such other time as ordered by the court. This report form may be downloaded from the Court's website as a word-processing document and the information filled in as requested on the downloaded form.

The dates to be provided in the report are suggested dates and may be accepted or modified by the Court. 1. 2. 3.

4. 5. 6. Identification of counsel and unrepresented parties.

Set forth the names, addresses, telephone and fax numbers and e-mail addresses of each unrepresented party and of each counsel and identify the parties whom such counsel represent: Set forth the general nature of the case (patent, civil rights, anti-trust, class action, etc.): Date Rule 26(f) Conference was held, the identification of those participating therein and the identification of any party who may not yet have been served or entered an appearance as of the date of said Conference: Date of Rule 16 Initial Scheduling Conference as scheduled by the Court: (Lead Trial Counsel and unrepresented parties shall attend the Rule 16 Initial Scheduling Conference with their calendars in hand for the purpose of scheduling other pre-trial events and procedures, including a Post-Discovery Status Conference; Counsel and unrepresented parties shall attend the Rule 16 Initial Scheduling Conference prepared to discuss the anticipated number of depositions and identities of potential deponents and the anticipated dates by which interrogatories, requests for production of documents and requests for admissions will be served): Identify any party who has filed or anticipates filing a dispositive motion pursuant to Fed. R. Civ. P. 12 and the date(s) by which any such anticipated motion may be filed: Designate the specific Alternative Dispute Resolution (ADR) process the parties have discussed and selected, if any, and specify the anticipated time frame for completion of the ADR process. Set forth any other information the parties wish to communicate to the court regarding the ADR designation: 92 November 1, 2016 Local Rules of Court Western District of Pennsylvania 7. 8. 9.

Set forth any change that any party proposes to be made in the timing, form or requirements of Fed. R. Civ. P. Rule 26(a) disclosures, whether such change is opposed by any other party, whether any party has filed a motion seeking such change and whether any such motion has been ruled on by the Court: Subjects on which fact discovery may be needed. (By executing this report, no party shall be deemed to (1) have waived the right to conduct discovery on subjects not listed herein or (2) be required to first seek the permission of the Court to conduct discovery with regard to subjects not listed herein): Set forth suggested dates for the following (The parties may elect by agreement to schedule a Post-Discovery Status Conference, as identified in Paragraph 12, below, at the conclusion of Fact-Discovery rather than at the conclusion of Expert Discovery. In that event, the parties should provide suggested dates only for the events identified in sub-paragraphs 9.a through 9.e, below. The parties shall provide such information even if dispositive motions pursuant to Fed. R. Civ. P. 12 have been or are anticipated to be filed.

If there are dates on which the parties have been unable to agree, set forth the date each party proposes and a brief statement in support of each such party's proposed date. Attach to this report form a proposed Court Order setting forth all dates agreed to below and leaving a blank for the insertion of a date by the Court for any date not agreed to): a. b. c. d. e. Date(s) on which disclosures required by Fed. R. Civ. P. 26(a) have been or will be made: Date by which any additional parties shall be joined: Date by which the pleadings shall be amended: Date by which fact discovery should be completed: If the parties agree that discovery should be conducted in phases or limited to or focused on particular issues, identify the proposed phases or issues and the dates by which discovery as to each phase or issue should be completed: f. Date by which plaintiff's expert reports should be filed: g. h. i. j. Date by which depositions of plaintiff's expert(s) should be completed: Date by which defendant's expert reports should be filed: Date by which depositions of defendant's expert(s) should be completed: Date by which third party expert's reports should be filed: k. Date by which depositions of third party's expert(s) should be completed: 93 November 1, 2016 Local Rules of Court Western District of Pennsylvania 10. If the parties agree that changes should be made to the limitations on discovery imposed by the Federal Rules of Civil Procedure or Local Rule or that any other limitations should be imposed on discovery, set forth such changes or limitations: 11. Please answer the following questions in regard to the discovery of electronically stored information (“ESI”): a. b. c. d. e. ESI.

Is either party seeking the discovery of ESI in this case? □ Yes □ No [If “No,” skip to sub-part (e) below.] ESI Discovery Plan. The parties have reviewed and discussed the Court’s Checklist for Rule 26(f) Meet and Confer Regarding Electronically Stored Information set forth in “Appendix LCvR 26.2.C-CHECKLIST” to the Local Rules and: □ Have agreed that, in light of the facts and issues in this case, there is no need to complete an ESI discovery plan, and will conduct ESI discovery by _______ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________. □ Have developed an ESI discovery plan (as attached). □ Will have an ESI discovery plan completed by ________________. NOTE: At the direction of the Court, parties may be required to submit a draft of the Stipulated Order re: Discovery of Electronically Stored Information for Standard Litigation set forth in “Appendix LCvR 26.2.E-MODEL ORDER” to the Local Rules, to address specific issues relative to the parties’ exchange of electronic discovery and ESI. If the parties are unable to do so, they should advise the Court promptly.

Preservation. Have the parties agreed on any protocol for the preservation of electronic data and/or potentially relevant ESI? □ Yes □ No ADR. Does any party believe that the exchange of ESI is necessary prior to conducting meaningful Alternative Dispute Resolution (“ADR”) in this case? □ Yes □ No Clawback Agreement. The parties have reviewed F.R.C.P. 26(b)(5), F.R.E. 502 and LCvR 16.1.D, Procedures Following Inadvertent Disclosure, and: □ Request the Court enter an Order implementing Federal Rule of Evidence 502(d) such as the model Order set forth in “Appendix LCvR 16.1.D” to the Local Rules and filed with this Report. □ Have agreed on alternate non-waiver language, which either is or will be incorporated within the ESI discovery plan. □ Are unable to agree on appropriate non-waiver language. f. EDSM and E-Mediator.

Does any party believe that the appointment of an 94 November 1, 2016 Local Rules of Court Western District of Pennsylvania E-Discovery Special Master (“EDSM”) or E-Mediator would help resolve ESI discovery issues in this case? For further information, see the Court’s official website at http://www.pawd.uscourts.gov. □ Yes □ No g. Other. Identify all outstanding disputes concerning any ESI issues: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 12. Set forth whether the parties have elected to schedule the Post-Discovery Status Conference following the completion of Fact Discovery or Expert Discovery; in either event the parties shall be prepared at the Post-Discovery Status Conference to discuss and/or schedule the following: (The parties are not required during their Rule 26(f) Conference to consider or propose dates for the items identified below.

Those dates will be determined, if necessary, at the Post-Discovery Status Conference. Lead trial counsel for each party and each unrepresented party are required to attend the Post- Discovery Status Conference with their calendars in hand to discuss those items listed below that require scheduling. In addition, a representative with settlement authority of each party shall be required to attend; representatives with settlement authority of any insurance company providing any coverage shall be available throughout the Conference by telephone): a. b. c. d. e. f. g. h. Settlement and/or transfer to an ADR procedure; Dates for the filing of expert reports and the completion of expert discovery as itemized in sub-paragraphs 9.f. through 9.k., above, if the parties elected to defer such discovery until after the Post-Discovery Status Conference; Dates by which dispositive motions pursuant to Fed. R. Civ. P. 56, replies thereto and responses to replies should be filed; Dates by which parties' pre-trial statements should be filed; Dates by which in limine and Daubert motions and responses thereto should be filed; Dates on which motions in limine and Daubert motions shall be heard; Dates proposed for final pre-trial conference; Presumptive and final trial dates. 13.

14. Set forth any other order(s) that the parties agree should be entered by the court pursuant to Fed. R. Civ. P. 16(b) or 26(c): Set forth whether the parties anticipate that the court may have to appoint a special master to deal with any matter and if so, specify the proposed role of any such master and any special qualifications that such master may require to perform such role: 95 November 1, 2016 Local Rules of Court Western District of Pennsylvania 15. If the parties have failed to agree with regard to any subject for which a report is required as set forth above, except for proposed dates required in paragraph 9, above, briefly set forth the position of each party with regard to each matter on which agreement has not been reached: 16. Set forth whether the parties have considered the possibility of settlement of the action and describe briefly the nature of that consideration: Respectfully submitted, ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ (Signatures of counsel and unrepresented parties) 96 November 1, 2016 Local Rules of Court Western District of Pennsylvania Appendix LCvR 16.1.D Order implementing Federal Rule of Evidence 502(d) 1.

No Waiver by Disclosure. This Order is entered pursuant to Rule 502(d) of the Federal Rules of Evidence. Subject to the provisions of this Order, if a party (the “Producing Party”) discloses information in connection with the pending litigation, that the Producing Party thereafter claims to be protected by the attorney-client privilege and/or trial preparation material protection (“Protected Information”), the disclosure of that Protected Information will not constitute or be deemed a waiver or forfeiture(cid:127)in this or any other federal, state, arbitration, or any other proceeding(cid:127)of any claim of privilege or protection as trial preparation material that the Producing Party would otherwise be entitled to assert with respect to the Protected Information and its subject matter. 2.

Notification Requirements; Best Efforts of Receiving Party. A Producing Party must promptly notify the party receiving the Protected Information (the “Receiving Party”), in writing that it has disclosed the Protected Information without intending a waiver by the disclosure. The notification by the Producing Party shall include as specific an explanation as possible why the Protected Information is covered by the attorney-client privilege and/or constitutes trial preparation material. Upon such notification, the Receiving Party must(cid:127)unless it contests the claim of attorney-client privilege or protection as trial preparation material in accordance with paragraph (3)(cid:127)promptly (a) notify the Producing Party that it will make best efforts to identify and return, sequester or destroy (or in the case of electronically stored information, delete) the Protected Information and any reasonably accessible copies it has and (b) provide a certification that it will cease further review, dissemination and use of the Protected Information. [For purposes of this Order, Protected Information that has been stored on a source of electronically stored information that is not reasonably accessible, such as backup storage media, is sequestered.

If such data is retrieved, the Receiving Party must promptly take steps to delete or sequester the restored Protected Information.] 3. Contesting Claims of Privilege or Protection as Trial Preparation Material. If the Receiving Party contests the claim of attorney-client privilege or protection as trial preparation material, the Receiving Party must(cid:127)within 30 days of receipt of the notification referenced in Paragraph (2)(cid:127)move the Court for an Order finding that the material referenced in the notification does not constitute Protected Information. This Motion must be filed (with Court approval) under seal and cannot assert the fact or circumstance of the disclosure as a ground for determining that the material does not constitute Protected Information.

Pending resolution of the Motion, the Receiving Party must not use the challenged information in any way or disclose it to any person other than as required by law to be served with a copy of the sealed Motion. 4. Stipulated Time Periods. The parties may stipulate to extend the time periods set forth in subparagraphs (2) and (3).

5. Burden of Proving Privilege or Protection as Trial Preparation Material. The Disclosing Party retains the burden(cid:127)upon challenge pursuant to Paragraph (3)(cid:127)of establishing the privileged or protected nature of the Protected Information. 97 November 1, 2016 Local Rules of Court Western District of Pennsylvania 6.

In Camera Review. Nothing in this Order limits the right of any party to petition the Court for an in camera review of the Protected Information. 7. Voluntary and Subject Matter Waiver.

This Order does not preclude a party from voluntarily waiving the attorney-client privilege or trial preparation material protection. The provisions of Federal Rule of Evidence 502(a) apply when the Disclosing Party uses or indicates that it may use information produced under this Order to support a claim or defense. 8. Rule 502(b)(2).

The failure to take reasonable steps to prevent the disclosure shall not give rise to a waiver of the privilege. 9. Other Clawback and Confidentiality Obligations. This Order does not affect or rescind any Clawback Agreement or Order governing protection of confidential information to which the parties have otherwise agreed.

10. Severability. The invalidity or unenforceability of any provisions of this Order shall not affect the validity or enforceability of any other provision of this Order, which shall remain in full force and effect. Note The Court has adopted this Model Order to implement fully the protections of Federal Rule of Evidence 502(d) if the parties believe a Rule 502(d) order is in the best interests of their clients.

The fact that the parties enter into a Rule 502(d) order to streamline discovery and avoid privilege waiver, however, does not affect in any way their right to review documents, ESI, and information before production. The parties are free to opt against requesting a Rule 502(d) order, to request that Court not enter such an Order, or to request that the court enter a modified version of the Model Order. For example, the parties could narrow the scope of their 502(d) order by limiting it to a certain universe of documents, permitting privilege waiver if the producing party did so intentionally or did not take reasonable steps to prevent disclosure, or applying privilege waiver to the documents produced but not to other documents governing the same subject matter. The parties could also expand the protection against waiver to privileges other than the attorney- client privilege or as to trial preparation material.

The Court takes no position on the advisability of a Rule 502(d) order in a particular case. 98 November 1, 2016 Local Rules of Court Western District of Pennsylvania APPENDIX LCvR 23.E 1. 2. 3.

4. 5. 6. 7.

8. Fed. R. Civ. P. 26(f) JOINT REPORT OF THE PARTIES (CLASS ACTION) Identification of counsel and unrepresented parties. Set forth the general nature of the case (anti-trust, consumer finance, securities, employment, etc): Date Rule 26(f) Conference was held, the identification of those participating therein and the identification of any party who may not yet have been served or entered an appearance as of the date of said Conference: Date of Rule 16 Initial Scheduling Conference as scheduled by the Court: (Lead Trial Counsel and unrepresented parties shall attend the Rule 16 Initial Scheduling Conference with their calendars in hand for the purpose of scheduling other pre-trial events and procedures, including a Post-Discovery Status Conference; Counsel and unrepresented parties shall attend the Rule 16 Initial Scheduling Conference prepared to discuss the anticipated number of depositions and identities of potential deponents and the anticipated dates by which interrogatories, requests for production of documents and requests for admissions will be served): Identify any party who has filed or anticipates filing a dispositive motion pursuant to Fed. R. Civ. P. 12 and the date(s) by which any such anticipated motion may be filed: Designate the specific Alternative Dispute Resolution (ADR) process the parties have discussed and selected, if any, and specify the anticipated time frame for completion of the ADR process. Set forth any other information the parties wish to communicate to the court regarding the ADR designation: Set forth any change that any party proposes to be made in the timing, form or requirements of Fed. R. Civ. P. Rule 26(a) disclosures, whether such change is opposed by any other party, whether any party has filed a motion seeking such change and whether any such motion has been ruled on by the Court: Discovery prior to Class Certification must be sufficient to permit the Court to determine whether the requirements of Fed. R. Civ. P. Rule 23 are satisfied, including a preliminary inquiry into the merits of the case to ensure appropriate management of the case as a Class Action.

However, in order to ensure that a class certification decision be issued at an early practicable time, priority shall be given to discovery on class issues. Once Class Certification is decided, the Court may, upon motion of a party, enter a second scheduling and discovery order, if necessary. 9. Subjects on which class certification discovery may be needed.

(By executing this report, no party shall be deemed to (1) have waived the right to conduct discovery on subjects not listed herein or (2) be required to first seek the 99 November 1, 2016 Local Rules of Court Western District of Pennsylvania permission of the Court to conduct discovery with regard to subjects not listed herein): 10. Set forth suggested dates for the following (The parties shall provide such information even if dispositive motions pursuant to Fed. R. Civ. P. 12 have been or are anticipated to be filed, except to the extent discovery and other proceedings have been or will be stayed under the Private Securities Litigation Reform Act or otherwise. If there are dates on which the parties have been unable to agree, set forth the date each party proposes and a brief statement in support of each such party's proposed date. Attach to this report form a proposed Court Order setting forth all dates agreed to below and leaving a blank for the insertion of a date by the Court for any date not agreed to): a. b. c. d. e. f. g. h. i. j. Date(s) on which disclosures required by Fed. R. Civ. P. 26(a) have been or will be made: Date by which any additional parties shall be joined: Date by which the pleadings shall be amended: Date by which class certification discovery shall be completed: Date by which plaintiffs' expert reports as to class certification shall be filed: Date by which defendants' expert reports as to class certification shall be filed: Date by which depositions of class certification experts must be completed: Plaintiffs' Motion for Class Certification, Memorandum in Support, and all supporting evidence shall be filed by ______________: Defendants' Memorandum in Opposition to Class Certification and all supporting evidence shall be filed by _____________: Plaintiffs' Reply Memorandum in support of class certification, if any, shall be filed by _____________: k. The Class Certification hearing shall be as scheduled by the Court.

11. After the resolution of the motion for class certification, the Court shall hold a Post-Certification Determination Conference to discuss how the case shall proceed in light of the disposition of the Class motion. If the parties wish to establish a schedule for post-Class Certification pretrial matters at this time, set forth suggested dates for the following: a. b. Date by which fact discovery should be completed: Date by which plaintiff's expert reports should be filed: 100 November 1, 2016 Local Rules of Court Western District of Pennsylvania c. d. e. g. h. Date by which depositions of plaintiff's expert(s) should be completed: Date by which defendant's expert reports should be filed: Date by which depositions of defendant's expert(s) should be completed: Date by which third party expert's reports should be filed: Date by which depositions of third party's experts should be completed. 12.

If the parties agree that changes should be made to the limitations on discovery imposed by the Federal Rules of Civil Procedure or Local Rule or that any other limitations should be imposed on discovery, set forth such changes or limitations: 13. Please answer the following questions in regard to the discovery of electronically stored information (“ESI”): a. b. c. d. ESI. Is either party seeking the discovery of ESI in this case? □ No [If “No,” skip to sub-part (e) below.] Yes □ ESI Discovery Plan. The parties have reviewed and discussed the Court’s Checklist for Rule 26(f) Meet and Confer Regarding Electronically Stored Information set forth in “Appendix LCvR 26.2.C-CHECKLIST” to the Local Rules and: □ □ □ Have agreed that, in light of the facts and issues in this case, there is no need to complete an ESI discovery plan, and will conduct e- discovery by __________________________________________________________.

Have developed an ESI discovery plan (as attached). Will have an ESI discovery plan completed by ________________________. NOTE: At the direction of the court, parties may be required to submit a draft of the Stipulated Order re: Discovery of Electronically Stored Information for Standard Litigation set forth in “Appendix LCvR 26.2.E-MODEL ORDER” to the Local Rules, to address specific issues relative to the parties’ exchange of electronic discovery and ESI. If the parties are unable to do so, they should advise the Court promptly.

Preservation. Have the parties agreed on any protocol for the preservation of electronic data and/or potentially relevant ESI? □ Yes No □ ADR. Does any party believe that the exchange of ESI is necessary prior to conducting meaningful Alternative Dispute Resolution (ADR) in this case? □ Yes No □ 101 November 1, 2016 Local Rules of Court Western District of Pennsylvania e. Clawback Agreement. The parties have reviewed F.R.C.P. 26(b)(5), F.R.E. 502 and LCvR 16.1.D., Procedures Following Inadvertent Disclosure, and: □ □ □ f. □ Request the Court enter an Order implementing Federal Rule of Evidence 502(d) such as the model Order set forth in “Appendix LCvR 16.1.D” to the Local Rules and filed with this Report.

Have agreed on alternative non-waiver language, which either is or will be incorporated within the ESI discovery plan. Are unable to agree on appropriate non-waiver language. EDSM and E-Mediator. Does any party believe that the appointment of an E-Discovery Special Master (“EDSM”) or E-Mediator (http://www.pawd.uscourts.gov/ed-information) would help resolve ESI discovery issues in this case?

Yes No □ g. Other. Identify all outstanding disputes concerning any ESI issues: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 14. Set forth whether the parties have elected to schedule the Post-Discovery Status Conference following the completion of Fact Discovery or Expert Discovery; in either event the parties shall be prepared at the Post-Discovery Status Conference to discuss and/or schedule the following: (The parties are not required during their Rule 26(f) Conference to consider or propose dates for the items identified below. Those dates will be determined, if necessary, at the Post-Discovery Status Conference.

Lead trial counsel for each party and each unrepresented party are required to attend the Post-Discovery Status Conference with their calendars in hand to discuss those items listed below that require scheduling. In addition, a representative with settlement authority of each party shall be required to attend; representatives with settlement authority of any insurance company providing any coverage shall be available throughout the Conference by telephone): a. b. c. d. e. Settlement and/or transfer to an ADR procedure; Dates for the filing of expert reports and the completion of expert discovery as itemized in sub-paragraphs 11.b. through 11.h., above, if the parties elected to defer such discovery until after the Post-Discovery Status Conference; Dates by which dispositive motions pursuant to Fed. R. Civ. P. 56, replies thereto and responses to replies should be filed; Dates by which parties' pre-trial statements should be filed; Dates by which in limine and Daubert motions and responses thereto should be filed; f. Dates on which motions in limine and Daubert motions shall be heard; 102 November 1, 2016 Local Rules of Court Western District of Pennsylvania g. h. Dates proposed for final pre-trial conference; Presumptive and final trial dates. 15. 16.

17. Set forth any other order(s) that the parties agree should be entered by the court pursuant to Fed. R. Civ. P. 16(b) or 26(c): Set forth whether the parties anticipate that the court may have to appoint a special master to deal with any matter and if so, specify the proposed role of any such master and any special qualifications that such master may require to perform such role: If the parties have failed to agree with regard to any subject for which a report is required as set forth above, except for proposed dates required in paragraph 10 and/or 11, above, briefly set forth the position of each party with regard to each matter on which agreement has not been reached: 18. Set forth whether the parties have considered the possibility of settlement of the action and describe briefly the nature of that consideration: Respectfully submitted, 103 November 1, 2016 Local Rules of Court Western District of Pennsylvania Appendix LCvR 26.2.C-CHECKLIST United States District Court Western District of Pennsylvania CHECKLIST FOR RULE 26(f) MEET AND CONFER REGARDING ELECTRONICALLY STORED INFORMATION In cases where electronically stored information will be exchanged between the parties, the Court encourages the parties to engage in on-going meet and confer discussions and use the following Checklist to guide those discussions. These discussions should be framed in the context of the specific claims and defenses involved.

The usefulness of particular topics on the checklist, and the timing of discussion about these topics, may depend on the nature and complexity of the matter. Parties may obtain discovery of such materials, and on such terms, as permitted by the Federal Rules of Civil Procedure, the Local Rules of Court, and the applicable Orders of Court. I. Preservation (cid:1798) The ranges of creation, last modified, last accessed, or receipt dates for any known ESI to be preserved. The description of data from sources that are not reasonably accessible and that will not be reviewed for responsiveness or produced, but that will be preserved pursuant to Federal Rule of Civil Procedure 26(b)(2)(B).

The description of data (including source and volume) from sources that (a) the party believes could contain relevant information but (b) has determined, under the proportionality factors, should not be preserved. Whether or not to continue any interdiction of any document destruction program, such as ongoing erasures of e-mails, voicemails, and other electronically- recorded material and/or any ongoing preservation requirements (i.e., “evergreen”). The names and/or general job titles or descriptions of custodians for whom ESI will be preserved (e.g., “HR head,” “scientist,” “marketing manager,” etc.). The number of custodians for whom ESI will be preserved.

The list of systems, if any, that contain ESI not associated with individual custodians and that will be preserved, such as enterprise databases, legacy data, and human resource records. Any disputes related to scope or manner of preservation. Any non-party to consult regarding ESI, including entities over which a party has control. (cid:1798) (cid:1798) (cid:1798) (cid:1798) (cid:1798) (cid:1798) (cid:1798) (cid:1798) II.

Resource Person (cid:1798) The identity of each party’s e-discovery resource person(s). 104 III. IV.

V. VI.

(cid:1798) (cid:1798) (cid:1798) (cid:1798) (cid:1798) (cid:1798) (cid:1798) (cid:1798) (cid:1798) (cid:1798) (cid:1798) (cid:1798) (cid:1798) (cid:1798) (cid:1798) Search (cid:1798) Phasing (cid:1798) November 1, 2016 Local Rules of Court Western District of Pennsylvania Informal Discovery About Locations of Data and Types of Systems (cid:1798) Identification of systems from which discovery will be prioritized (e.g., email, structured databases, database types, and unstructured data). Description of systems in which potentially discoverable information is stored. Location of systems in which potentially discoverable information is stored. How potentially discoverable information is stored.

How discoverable information can be collected from systems and media in which it is stored. Whether there are known relevant file paths or data locations. Proportionality and Costs (cid:1798) (cid:1798) The amount and nature of the claims being made by either party. The nature and scope of burdens associated with the proposed preservation and discovery of ESI.

The likely benefit of the proposed discovery. Costs that the parties will share to reduce overall discovery expenses, such as the use of a common electronic discovery vendor or a shared document repository, or other cost-saving measures. Limits on the scope of preservation or other cost-saving measures. Whether there is potentially discoverable ESI that will not be preserved consistent with proportionality concerns.

The search method(s), including specific words or phrases or other methodology (cluster technology/predictive coding), that will be used to identify discoverable ESI and filter out ESI that is not subject to discovery. The quality control method(s) the producing party will use to evaluate whether a production is missing relevant ESI or contains substantial amounts of irrelevant ESI. Whether it is appropriate to conduct discovery of ESI in a phased or iterative approach (e.g., by issue, timeframe, custodians, databases, liability v. damages): Sources of ESI most likely to contain discoverable information and that will be included in the first phases of Fed. R. Civ. P. 34 document discovery. (i.e., known relevant file paths, email between specific parties during a given period of time).

Sources of ESI less likely to contain discoverable information from which discovery will be postponed or avoided. Custodians (by name or role) most likely to have discoverable information and whose ESI will be included in the first phases of document discovery. Custodians (by name or role) less likely to have discoverable information and from whom discovery of ESI will be postponed or avoided. The time period during which discoverable information was most likely to have been created or received.

105 November 1, 2016 Local Rules of Court Western District of Pennsylvania (cid:1798) The issues that are relevant to any party’s claim or defense.

VII.

Production (cid:1798) (cid:1798) (cid:1798) (cid:1798) (cid:1798) (cid:1798) VIII. Privilege (cid:1798) The formats in which structured ESI (database, collaboration sites, etc.) will be produced. The formats in which unstructured ESI (email, presentations, word processing, etc.) will be produced. The extent, if any, to which metadata will be produced and the fields of metadata to be produced.

The production format(s) that ensure(s) that any inherent searchability of ESI is not degraded when produced. How any production of privileged information or trial preparation material will be handled. Whether the parties can agree upon alternative ways to identify documents withheld on the grounds of privilege or protection of trial preparation material to reduce the burdens of such identification. Whether the parties will enter into a Fed. R. Evid. 502(d) Stipulation and Order that addresses inadvertent or agreed production, and if so, the form and content of such Order.

IX. X. (cid:1798) E-Discovery Special Masters and/or E-Mediators (cid:1798) Would it be helpful to the parties for the Court to appoint an E-Discovery Special Master and/or E-Mediator? For further information, see the Court’s official website at http://www.pawd.uscourts.gov/ed-information. Expedited or Limited Discovery Are the parties willing to engage in limited discovery or an expedited discovery schedule?____________________________ 106 November 1, 2016 Local Rules of Court Western District of Pennsylvania Appendix LCvR 26.2.C-GUIDELINES United States District Court Western District of Pennsylvania GUIDELINES FOR THE DISCOVERY OF ELECTRONICALLY STORED INFORMATION GENERAL GUIDELINES Guideline 1.01 (Purpose) Discovery often now includes the review and production of electronic information.

The discovery of electronically stored information “ESI” provides many benefits such as the ability to search, organize, and target the ESI using the text and associated data. At the same time, the Court is aware that the discovery of ESI is a potential source of cost, burden, and delay. These Guidelines should assist the parties as they engage in electronic discovery. The purpose of these Guidelines is to encourage reasonable electronic discovery with the goal of limiting the cost, burden and time spent, while ensuring that information subject to discovery is preserved and produced to allow for fair adjudication of the merits.

At all times, the discovery of ESI should be handled consistently with Fed. R. Civ. P. 1 to “secure the just, speedy, and inexpensive determination of every action and proceeding.” These Guidelines also promote, when ripe, the early resolution of disputes regarding the discovery of ESI without Court intervention. These guidelines are a supplement to LCvR 26.2. Guideline 1.02 (Cooperation) The Court expects cooperation on issues relating to the preservation, collection, search, review, and production of ESI. The Court notes that an attorney’s representation of a client is not compromised by conducting discovery in a cooperative manner.

Cooperation in reasonably limiting ESI discovery requests on the one hand, and in reasonably responding to ESI discovery requests on the other hand, tends to reduce litigation costs and delay. The Court emphasizes the particular importance of cooperative exchanges of information at the earliest possible stage of discovery, including during the parties’ Fed. R. Civ. P. 26(f) conference. Guideline 1.03 (Discovery Proportionality) The proportionality standard set forth in Fed. R. Civ. P. 26(b)(1) and 26(g)(1)(B)(iii) should be applied to the discovery plan and its elements, including the preservation, collection, search, review, and production of ESI between parties.1 To assure reasonableness and proportionality in discovery, parties should consider factors that include the importance of the issues at stake in the litigation, the burden or expense of the proposed discovery compared to its likely benefit, the amount in controversy, the parties’ resources, the parties’ relative access to relevant information, and the importance of the discovery in adjudicating the merits of the case. To further the application of the proportionality standard, discovery requests for production of ESI and related responses should be reasonably targeted, clear, and as specific as practicable.

1 Fed. R. Civ. P. 45(c)(2)(B) outlines a different standard with regard to non-parties through its direction to courts to protect, through measures that include fee-shifting, such non-parties from significant discovery expenses. 107 November 1, 2016 Local Rules of Court Western District of Pennsylvania ESI DISCOVERY GUIDELINES Guideline 2.01 (Preservation) (a) (b ) (c) At the outset of a case, or sooner if feasible, counsel for the parties should discuss preservation. Such discussions should continue to occur periodically as the case and issues evolve. In determining what ESI to preserve, parties should apply the proportionality standard referenced in Guideline 1.03.

The parties should strive to define a scope of preservation reasonable and not disproportionately broad, expensive, or burdensome. is proportionate and that for Rule 26(f) Checklist The Parties should be directed in their discussions concerning preservation by the Confer Regarding Electronically Stored Information set forth in “Appendix LCvR 26.2.C- CHECKLIST” to the Local Rules. At the direction of the Court, or at the request of a party or the parties, a Court Order concerning preservation may be submitted for Court approval, with the Stipulated Order re: Discovery of Electronically Stored Information for Standard Litigation set forth in “Appendix LCvR 26.2.E-Model Order” to the Local Rules providing a framework for applicable provisions. Meet and Guideline 2.02 (Rule 26(f) Meet and Confer) At the required Rule 26(f) meet and confer conference, when a case involves electronic discovery, the topics that the parties should consider discussing include: 1) preservation; 2) systems that contain discoverable ESI; 3) search and production; 4) phasing of discovery; 5) protective orders (including application of LCvR 16.1.D and Fed. R. Evid. 502); and 6) opportunities to reduce costs and increase efficiency. In order to be meaningful, the meet and confer should involve direct communications between counsel (preferably, in person and/or by telephone), and be as sufficiently detailed on these topics as is appropriate in light of the specific claims and defenses at issue in the case.

The topics to discuss include those set forth in Question 11 of the Rule 26(f) report set forth in “Appendix LCvR 16.1.A” to the Local Rules and Question 13 the Rule 26(f) report for Class Actions set forth in “Appendix LCvR 23.E” to the Local Rules, as applicable. In addition, some or all of the details set forth in LCvR 26.2 and the Checklist for Rule 26(f) Meet and Confer Regarding Electronically Stored Information set forth in “Appendix LCvR 26.2.C-CHECKLIST” to the Local Rules may be useful to discuss, especially in cases where the discovery of ESI is likely to be a significant cost or burden. The Court encourages the parties to address any agreements or disagreements related to the above matters in the joint case management statement required by LCvR 26.2. At the direction of the Court, the parties may be required to submit a draft of a Stipulated Order re: Discovery of Electronically Stored Information for Standard Litigation such as the model Order set forth in “Appendix LCvR 26.2.E-MODEL ORDER” to the Local Rules.

Guideline 2.03 (Informal Discovery Regarding ESI) Consistent with Guideline 1.02, the Court strongly encourages an informal discussion about the discovery of ESI (rather than deposition) at the earliest reasonable stage of the discovery process. Counsel, or others knowledgeable about the parties’ electronic systems, including how potentially relevant data is stored and retrieved, should be involved or made available as necessary. Such a discussion will help the parties be more efficient in framing and responding 108 November 1, 2016 Local Rules of Court Western District of Pennsylvania to ESI discovery issues, reduce costs, and assist the parties and the Court in the event of a dispute involving ESI issues. Guideline 2.04 (Disputes Regarding ESI Issues) Disputes regarding ESI that counsel for the parties are unable to resolve shall be presented to the Court at the earliest possible opportunity, such as at the initial Case Management Conference.

The Court may require additional meet and confer discussions, if appropriate. The Court may appoint and/or the Parties may seek the appointment of an E-Discovery Special Master or E-Discovery Mediator (http://www.pawd.uscourts.gov/ed-information) to assist the Court in resolving ESI disputes.

EDUCATION GUIDELINES

Guideline 3.01 (Judicial Expectations of Counsel) It is expected that counsel for the parties, including all counsel who have appeared, as well as all others responsible for making representations to the Court or opposing counsel (whether or not they make an appearance), will be familiar with the following in each litigation matter: (a) (b) The electronic discovery provisions of the Federal Rules of Civil Procedure, including Rules 26, 33, 34, 37, and 45, and Fed. R. Evid. 502 (including applicable Advisory Committee Reports); and LCvR 26.2, these Guidelines, and this Court’s Checklist for Rule 26(f) Meet and Confer Regarding ESI set forth in “Appendix LCvR 26.2-CHECKLIST” and Stipulated E-Discovery Order for Standard Litigation set forth in “Appendix LCvR 26.2.E-MODEL ORDER” to the Local Rules. 109 November 1, 2016 Local Rules of Court Western District of Pennsylvania APPENDIX LCvR 26.2.E-MODEL ORDER UNITED STATES DISTRICT COURT WESTERN DISTRICT OF PENNSYLVANIA Defendant(s). ) _________________________________________) Plaintiff(s), vs. Case Number: C xx-xxxx MODEL STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION FOR STANDARD LITIGATION 1.

PURPOSE

This Order will govern discovery of electronically stored information ("ESI'') (including scanned hard-copy documents) in this case as a supplement to the Federal Rules of Civil Procedure, this Court's Guidelines for the Discovery of Electronically Stored Information, and any other applicable orders and rules. 2.

COOPERATION

The parties are aware of the importance the Court places on cooperation and commit to cooperate in good faith throughout the matter consistent with this Court's Guidelines for the Discovery of ESI. 3.

RESOURCE PERSON

The parties have identified to each other the resource persons who are and will be knowledgeable about and responsible for discussing their respective ESI. Each ESI resource person will be, or have access to those who are, knowledgeable about the technical aspects of ESI, including the location, nature, accessibility, format, collection, search methodologies, and production of ESI in this matter. The parties will rely on the resource persons, as needed, to 112 November 1, 2016 Local Rules of Court Western District of Pennsylvania confer about ESI and to help resolve disputes without court intervention. The resource person is not necessarily the person who would be designated to testify related to a person or entity's preservation efforts, document retention policies, collection efforts, or other related matters.

4.

PRESERVATION

The parties have discussed their preservation obligations and needs and agree that preservation of potentially relevant ESI (e.g., email, text ESI, voicemail, spreadsheets, databases, etc.) will be reasonable and proportionate. To reduce the costs and burdens of preservation and to ensure proper ESI is preserved, the parties agree that: a) Only ESI accessed, modified, created or received between [the dates] ___________and __________ relating to the above-captioned matter will be preserved1; b) Based upon their investigation to date, the parties have exchanged a list of the types of ESI they believe should be preserved and the custodians, or general job titles or descriptions of custodians, for whom they believe ESI should be preserved. The parties shall add or remove custodians as reasonably necessary; c) The parties have agreed/will agree on the number of custodians per party for whom ESI will be preserved; d) The following data sources are not reasonably accessible, and the parties agree not to preserve the following: [e.g., backup media created before ________ , ESI in foreign jurisdictions, data in slack space, digital voicemail, instant messaging, automatically saved versions of ESI]; e) The following data sources will be preserved but not searched, reviewed, or produced: [e.g., backup media of [named] system, systems no longer in use that cannot be accessed, etc.]; f) In addition to the agreements above, the parties agree that data from the following sources (a) could contain relevant information but (b) under the proportionality factors, should not be preserved: [the following databases that by their nature change as new information is added to them, accessed and modified dates, etc.]: _____________________________________; g) In terms of preservation, the parties agree/disagree that there is no need for forensic images of servers, databases, computers, cell phones, etc. [except for the following data sources: ]2 1 The parties may estimate or agree to the volume of data to be produced (i.e., number of documents, files, or GB of data). 113 November 1, 2016 Local Rules of Court Western District of Pennsylvania 5.

SEARCH AND IDENTIFICATION

The parties agree that in responding to an initial Fed. R. Civ. P. 34 request, or earlier if appropriate, they will meet and confer about methods to search ESI in order to identify ESI that is subject to production in discovery and filter out ESI that is likely not subject to discovery. The parties are permitted to use reasonable search methods to narrow down the ESI to be reviewed for production in discovery (e.g., search terms, technology assisted review, deduplication, elimination of correspondence with attorneys, client self-collection efforts, etc.); however, the parties must be prepared to discuss the reasonableness of such efforts. 6.

PRODUCTION FORMATS

The parties agree to produce ESI in (check all that apply) (cid:31) TIFF, (cid:31) native, (cid:31) PDF, and/or (cid:31) paper or a combination thereof (check all that apply) file formats.3 If particular ESI warrants a different format, the parties will cooperate to arrange for the mutually acceptable production of such ESI.4 The parties agree not to degrade the searchability of ESI as part of the document production process, and have discussed the necessary level of resolution to permit the effective use of produced ESI. Additionally, the parties agree to discuss appropriate load files, if any. 2 To the extent the parties disagree, cost-shifting may occur to the extent a party is required to expend resources on imaging which the Court determines to be unnecessary or not proportional. 3 To the extent production is not in native format, the parties should consider agreement on metadata fields to be produced.

4 By way of example, the parties could agree to produce excel ESI in native format while providing other ESI in TIFF format with conventional production numbering (Pl 00001) and load files. 114 November 1, 2016 7.

PHASING

Local Rules of Court Western District of Pennsylvania When the parties require some discovery prior to ADR/mediation, the parties agree to phase the production of ESI. The initial production will be from the following sources and custodians:_______________________________________________________________. This agreement will not limit the parties' discovery if ADR/mediation is unsuccessful. However, the parties will continue to explore appropriate and proportional phasing of discovery throughout the discovery process.

When a party propounds discovery requests pursuant to Fed. R. Civ. P. 34, the parties agree to phase the production of ESI and the initial production will be from the following sources and custodians:_______________________________________________________.5 Following the initial production, the parties will continue to prioritize the order of subsequent productions. 8. ESI PROTECTED FROM DISCOVERY OR PUBLIC DISCLOSURE a) Pursuant to Fed. R. Evid. 502(b) and (d), the production of ESI which is privileged or is protected trial preparation material is not a waiver of privilege or protection from discovery in this case or in any other federal, state, arbitration or other proceeding so long as it was: [the parties may include their stipulated agreement, if any as to waiver of privilege, in this order or in a separate order as set forth in the Order implementing Federal Rule of Evidence 502(d) set forth in “Appendix LCvR 16.1.D” to the Local Rules].6 b) The parties may agree upon a "quick peek" process, without waiver of privilege or protection as trial preparation material, pursuant to Fed. R. Civ. P. 26(b)(5). c) Communications involving trial counsel that post-date the filing of the complaint need not be placed on a privilege log. 5 A phased or iterative approach may be used to conduct the ESI (e.g., by issue, timeframe, custodians, databases, issue, liability, or damages).

6 This Paragraph 8 can be modified to limit (or entirely eliminate) the situations in which a producing party (or non-party) could be found to have failed to take (i) reasonable steps to prevent the disclosure of privileged or trial preparation material ESI, and/or (ii) prompt and reasonable steps to rectify this error, as provided under Fed. R. Civ. P. 502(b)(2)-(3). This paragraph can also be modified to address different types of produced materials to different standards than those outlined in Fed. R. Evid. 502(b). 115 November 1, 2016 Local Rules of Court Western District of Pennsylvania d) Communications may be identified on a privilege log by category, rather than individually, if agreed upon by the parties or ordered by the Court. e) The parties have/have not agreed to use the Form Inadvertent Production Provision of LCvR 16.1.D (The Clawback Agreement), and its terms are incorporated herein. f) The parties have/have not agreed to use the Form Protective Order (add hyperlink) (App. LPR 2.2) for protection of Confidential Information, such as trade secrets, and its terms are incorporated herein. 9.

MODIFICATION

This Stipulated Order may be modified by a Stipulated Order of the parties or by the Court for good cause shown. IT IS SO STIPULATED, through Counsel of Record. Dated: Dated: Counsel for Plaintiff Counsel for Defendant IT IS SO ORDERED that the foregoing Agreement is approved. Dated: JUDGE UNITED STATES DISTRICT/MAGISTRATE 116 November 1, 2016 Local Rules of Court Western District of Pennsylvania APPENDIX LCvR/LCrR 83.2.A CERTIFICATION CERTIFICATION FOR BAR ADMISSION FOR THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA I, ______________________________________________, do certify as follows: 1.

I am a member in good standing of the Bar of: a. The Supreme Court of Pennsylvania ____________________, Bar # b. The United States District Court for the c. The Supreme Court of the United States 2. I am a member in good standing of the following state Bars/Bars of United States District Courts (also note Bar identification numbers): 3. I am affiliated with the law firm of or I am in the sole practice of law 4. My business address, telephone number and email address are: 5.

I am a registered user of the CM/ECF electronic docketing system of this Court. 6. I have read, know and understand the Local Rules of this Court. 7.

The following is a listing and description any prior disciplinary proceedings against me that resulted in a non-confidential negative finding or sanction against me (if none, so state): 8. Attached is a certificate of good standing from the Bar of ___________________ that is current within the prior twelve (12) months. I DECLARE UNDER THE PENALTIES FOR PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.

EXECUTED BY ME ON .

SIGNATURE: STATEMENT OF MOVING ATTORNEY I, _________________________________________, A MEMBER IN GOOD STANDING OF THE BAR OF THIS COURT, DO HEREBY CERTIFY THAT I BELIEVE THE ABOVE CANDIDATE FOR ADMISSION TO THE BAR OF THIS COURT IS OF GOOD MORAL AND PROFESSIONAL CHARACTER AND, TO THE BEST OF MY KNOWLEDGE, IS ELIGIBLE FOR ADMISSION TO THE BAR OF THIS COURT. NAME: DATE: 117 November 1, 2016 Local Rules of Court Western District of Pennsylvania APPENDIX LCvR/LCrR 83.2.B-MOTION IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ___________________________ vs. ___________________________ Civil Action No. ____________ MOTION FOR ADMISSION PRO HAC VICE OF ____________________ [Affiant], undersigned counsel for [Plaintiff/Defendant] ________, hereby moves that [Affiant] be admitted to appear and practice in this Court in the above-captioned matter as counsel pro hac vice for [Plaintiff/Defendant] ________ in the above-captioned matter pursuant to LCvR 83.2 and LCvR 83.3, LCrR 83.2 and this Court's Standing Order Regarding Pro Hac Vice Admissions dated May 31, 2006 (Misc. No. 06-151). In support of this motion, undersigned counsel attaches the Affidavit for Admission Pro Hac Vice of [Affiant] filed herewith, which, it is averred, satisfies the requirements of the foregoing Local Rules and Standing Order.

Dated: Respectfully submitted, _______________________________ [Affiant’s name] (Bar. ID NO. ) [Affiant’s Address/Contact Details] Counsel for [Plaintiff/Defendant] 118 November 1, 2016 Local Rules of Court Western District of Pennsylvania APPENDIX LCvR/LCrR 83.2.B-AFFIDAVIT IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ___________________________ vs. ___________________________ Civil Action No. ____________ AFFIDAVIT OF ________________ IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE I, ____________________, make this affidavit in support of the motion for my admission to appear and practice in this Court in the above-captioned matter as counsel pro hac vice for [Plaintiff/Defendant]________ in the above-captioned matter pursuant to LCvR 83.2 and LCvR 83.3, LCrR 83.2 and this Court's Standing Order Regarding Pro Hac Vice Admissions dated May 31, 2006 (Misc. No. 06-151). I, ____________________, being duly sworn, do hereby depose and say as follows: 1.

2. 3. 4. 5.

6. 7. 8. I am a [Lawyer/Partner/Associate] of the law firm [_______].

My business address is _____________________________. I am a member in good standing of the bar[s] of _________________. My bar identification number(s) [is/are] _______________________. A current certificate of good standing from ________________ is attached to this Affidavit as Exhibit ___. [if applicable] The following are a complete list of any previous disciplinary proceedings concerning my practice of law that resulted in a non-confidential negative finding or sanction by the disciplinary authority of the bar of any state or any United States court: : [Insert additional explanation as appropriate.] I attest that I am a registered user of ECF in the United States District Court for the Western District of Pennsylvania.

I attest that I have read, know and understand the Local Rules of Court for the United States District Court for the Western District of Pennsylvania 119 November 1, 2016 9. Based upon the foregoing, I respectfully request that I be granted pro hac vice admission in this matter. I certify and attest that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are false, I am subject to punishment.

Local Rules of Court Western District of Pennsylvania Dated: [Affiant] 120