CONTINUED MEDIATION AND REPORTS

(a) At the close of the initial mediation session, the Mediator and the parties shall jointly determine whether it would be appropriate and helpful to then schedule additional mediation. Follow-up could include, without limitation, written reports, telephonic discussions, negotiations between the parties with the Mediator available for assistance, or further mediation sessions. (b) Within seven (7) days after the close of each mediation session, and on the form “Mediation Certification” provided by the Court, the Mediator shall report to the Court the date the session was held, whether the case settled in whole or in part and whether any follow up is scheduled. The Mediation Certification shall be filed.

14 APPENDIX D.2 MEDIATION PLAN FOR PRO SE CIVIL CASES WITH PARTIES GRANTED IN FORMA PAUPERIS STATUS IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TENNESSEE Mediation Plan for Pro Se Civil Cases with Parties Granted In Forma Pauperis Status Effective September 1, 2014 Revised May 2015 1.

INTRODUCTION

The United States District Court for the Western District of Tennessee (“Court”) has adopted this “Mediation Plan for Pro Se Civil Cases with Parties Granted In Forma Pauperis Status” (hereinafter referred to as the “IFP Mediation Plan” or within this document as the “Plan”), which governs the mediation of civil cases in which one or more litigants are Pro Se or unrepresented parties who have been granted In Forma Pauperis (“IFP”) status by the Court. Portions of the Court’s ADR Plan may be incorporated by reference into this Plan, but in the event that provisions set forth herein conflict with provisions in the ADR Plan, the provisions set forth herein prevail as to Pro Se IFP mediations. Additional information about the Plan can be found at the Court’s website (http://www.tnwd.uscourts.gov) or at the Clerk of Court’s Office. 2.

PURPOSE AND OVERVIEW OF MEDIATION

The purpose the Plan is to provide Pro Se IFP parties with a court-administered dispute resolution process offering quicker, less expensive and simpler alternatives to continued litigation. Mediation is a flexible, non-binding, confidential process in which a qualified Mediator facilitates resolution of the issues between the parties and assists with settlement discussions. Mediators are trained and qualified to: seek to improve communication between the participants; help participants explain their interests; assist participants in understanding the interests of the other participants; probe the strengths and weaknesses of each party’s legal positions; and help generate and define options for a mutually agreeable resolution. The Mediator has no fact-finding or decision-making authority and unless requested by all the parties will not give an overall evaluation of the case.

3.

APPLICATION AND ADMINISTRATION

This Plan is applicable to all civil cases with Pro Se IFP parties, including cases in which District Judges or Magistrate Judges are presiding. This Plan will be administered by the Clerk of Court’s Office in regard to formulation, implementation, general administration, the assignment of Mediators, the payment of mediation fees, and statistical reporting. All new civil Rev. 5-1-15 Pro Se IFP Mediation Plan Page 2 of 6 cases with Pro Se IFP parties shall be automatically assigned to mediation at the Rule 16 Scheduling Conference unless they are (a) cases being processed on the Administrative Track or (b) Pro Se Prisoner cases. Pending civil cases with Pro Se IFP parties may also be assigned to mediation by the Court at any time.

Pending civil cases with Pro Se IFP parties cannot be referred to mediation by joint stipulation, even if all parties agree thereto, without a signed court order approving the referral. 4. BEING EXCUSED FROM OR “OPTING OUT OF” MEDIATION Any party in a Pro Se IFP civil case may file with the Court a motion to be excused from (opting out of) the mediation process. Such motions must be filed within fourteen (14) days following the Rule 16 Scheduling Conference in newly filed cases or within fourteen (14) days following the date of the mediation referral order in pending cases.

In order to successfully opt out of mediation, the party filing an opt out motion must demonstrate to the Court that there are good reasons for not requiring mediation and that the mediation process has no reasonable chance of being successful. 5.

COMPLYING WITH MEDIATION REQUIREMENTS

All parties and counsel are expected to participate in mediation in good faith. Once ordered by the Court and if no opt out motion has been granted, it is mandatory for all parties to comply with mediation orders and requests issued by the Court and/or the Mediator. A party’s failure to comply will be reported to the Court and sanctions, including financial penalties or dismissal of the lawsuit, may be imposed on the noncomplying party. As there is a deadline to challenge or respond to such sanctions, any Pro Se IFP party sanctioned by the Court should contact the Clerk of Court’s Office for additional information related to appealing such sanctions.

6.

APPOINTMENT OF MEDIATORS

The Court maintains a Mediation Panel (“Panel”) from which Mediators are selected by the Clerk of Court’s Office to serve in Pro Se IFP civil cases. The qualifications and appointment of individuals to serve as Panel members is set forth in §5 of the Court’s ADR Plan. The selection process is randomized and is conducted in accordance with policies and procedures approved by the Court, and it has been structured so that every Mediator serves in roughly the same number of cases. In regard to Pro Se IFP civil cases, no private Mediators will be used; only Panel members are eligible for appointment to a Pro Se IFP civil case.

Further, even if all parties agree that a particular Mediator would be desirable, case assignments are conducted solely through the Clerk of Court’s automated selection process. Rev. 5-1-15 Pro Se IFP Mediation Plan Page 3 of 6 7.

CHANGING MEDIATORS

Assigned Mediators may be disqualified for bias and prejudice in regard to issues and/or parties in a case. A Mediator may, at any point in a case, remove himself or herself upon recognizing an inability to administer mediation in a fair and impartial manner or if the Mediator recognizes a conflict of interest in the assigned case. Aside from this sort of self-imposed removal, any party who believes that the assigned Mediator has a conflict of interest or exhibits bias or prejudice in a case may file a motion requesting removal of the Mediator. This motion must be filed within fourteen (14) days after the Mediator was assigned and must contain adequate documentation describing the alleged conflict of interest or exhibited bias or prejudice.

If the evidence of a Mediator’s conflict of interest, bias or prejudice surfaces at a later stage of the proceedings, the complaining party must file a motion to remove the Mediator as soon as the basis therefor materializes. Prior to filing any motion, a party desiring a change in Mediators must first contact the Mediator in order to raise this issue directly. A Mediator, if he or she concurs with the concern being raised, can elect to remove himself or herself in which case a motion is not needed. If the Mediator, however, declines to withdraw from the case a party still desiring to change Mediators would have to file the appropriate motion with the Court.

The above removal process applies to newly filed cases as well as pending cases. 8.

IMMUNITIES

Mediators in Pro Se IFP civil cases are entitled to the same immunities set forth in §3.2 of the Court’s ADR Plan. 9. COMPENSATION OF MEDIATORS (PRO SE IFP CIVIL CASES ONLY) The cost of mediation shall be shared equally by each of the parties in the case, including Pro Se IFP parties, unless otherwise ordered by the court. Mediators selected from the Court’s Panel shall be compensated at the rate of $250.00 per hour.

Pro Se IFP civil case mediations are “capped” at four (4) hours of compensated time, including both the time needed for preparing as well as the time needed for conducting mediation. Mediators may motion the Court for both extended mediation sessions as well as for additional mediation sessions as set forth in §11 below. If a Mediator exceeds the 4-hour limitation or whatever additional time is authorized by the Court in either preparing for or conducting mediation, it will be treated as having been provided by the Mediator on a pro bono basis. Mediators in Pro Se IFP civil cases shall not require that counsel and/or parties sign an agreement confirming the terms of retention and compensation since compensation terms are set forth in this Plan.

At the Rule 16 Scheduling Conference, a Pro Se party who has been granted IFP status may apply to the Court to be relieved of the obligation to pay his, her or their pro rata share of the Mediator’s fee. Approval of such request shall be based on a Pro Se party’s financial condition at that time. While all other parties shall continue to bear their pro rata portions of the Mediator’s fee, the Court shall enter an order following the Scheduling Conference indicating that Pro Se IFP parties have been relieved of the obligation to pay their share of the Mediator’s Rev. 5-1-15 Pro Se IFP Mediation Plan Page 4 of 6 fee and that their share shall be paid by the Clerk of Court from the Court’s Pro Bono Expense Fund. 10.

MEDIATION IS THE EXCLUSIVE FORM OF INTERVENTION

While there are several forms of alternative dispute resolution techniques, mediation is the only approved intervention in Pro Se IFP civil cases. The parties in these cases have no option to pursue alternative resolution processes even if they are in agreement as to a particular alternative. 11. MEDIATION SESSIONS: DURATION AND ADDITIONAL SESSIONS The initial mediation session should be held within twelve (12) weeks following the Rule 16 Scheduling Conference.

Pro Se IFP mediation sessions (excluding the Mediator’s preparation time) are expected to last two (2) hours on average though some will be concluded earlier and some might last longer. Mediation sessions exceeding two hours will require prior approval of the Court pursuant to a written motion by the Mediator requesting an extended time frame unless the Mediator is providing the extended time on a pro bono basis. Likewise, additional mediation sessions beyond the initial one will require prior approval of the Court pursuant to a written motion by the Mediator requesting additional mediation sessions unless the Mediator is providing additional mediation sessions on a pro bono basis. Motions for extended or additional sessions must be supported by written memoranda demonstrating good cause for approving supplemental services.

12.

CONFIDENTIALITY

All meetings, proceedings and materials, if any, submitted to a Mediator under this Plan shall be treated as a confidential communication. 13. OVERVIEW OF THE MEDIATION PROCESS A. MEDIATION MEMORANDUM (PRIOR TO MEDIATION SESSION) Unless the Mediator specifically instructs the mediation parties otherwise, no later than seven (7) days before the initial scheduled mediation session, each party shall submit to the Mediator a written “Mediation Memorandum.” Mediation Memoranda shall not be filed in the case docket and the assigned Judge shall not have access to them. As stated in §12 above, they shall be subject to the confidentiality of the mediation process and treated as a document prepared “for settlement purposes only.” Parties should include, along with the Mediation Memorandum, copies of documents that are likely to make the mediation more productive or materially advance settlement prospects.

Mediation Memoranda must not exceed ten (10) double-spaced pages and shall contain the following information: Rev. 5-1-15 Pro Se IFP Mediation Plan Page 5 of 6 * Identify by name all person(s) with factual knowledge and/or settlement authority, who, in addition to counsel, will attend the mediation as a representative(s) of the party; * Concisely describe the parties’ claims and defenses, addressing the parties’ views of the key liability issues and damages, and discussing the key evidence; * State the relief sought in the case and the basis for monetary calculations; * Describe the current status of the case, including the status of any motions made; * Describe the history and current status of settlement negotiations, if any, including offers and counteroffers; and * Provide any other information that might be pertinent to resolution of the case, including possible settlement options and alternatives. In recognition of the fact that the content outlined above might be too complex for pro se parties to provide, Mediators have the authority to set the requirements for these Memoranda on a case-by-case basis.

B. COMMUNICATIONS WITH THE MEDIATOR

After receiving the Mediation Memoranda, the Mediator may request additional information from any party or participant. The Mediator, at his or her discretion, may also discuss the case in confidence and ex parte (meaning that discussions can be conducted with one party without any other party being present) with counsel, parties and/or representatives. The Mediator shall not disclose any confidential communication, including the Mediation Memoranda and submissions, without prior permission from the party making such disclosures.

C. ATTENDANCE AND PARTICIPATION 1.

Persons Required To Attend Mediation Sessions All named parties and their counsel, if any, are required to attend mediation session(s) in person unless excused by the Mediator. Government agencies, corporations and other business entities satisfy the attendance requirement if represented by one or more persons, other than outside counsel, who have authority to settle and who are knowledgeable about the facts and circumstances of the case and the claims being made. Parties shall be accompanied at the mediation session by the attorney who will be primarily responsible for handling the trial of the matter and/or is most familiar with the matter at that stage of the proceeding. Pro Se IFP parties may, but are not required to, be accompanied by one non-attorney whom the party relies on for support and/or assistance.

The Mediator may require the attendance of any other individual or representative, such as an insurance company agent, who appears reasonably necessary for the advancement of communication and resolution between the parties. Rev. 5-1-15 Pro Se IFP Mediation Plan Page 6 of 6 2. Requesting To Be Excused From Mediation Sessions Any person who is required to attend a mediation session may be excused from attending in person only after showing that personal attendance would impose an extraordinary or otherwise unjustifiable hardship. Not less than fourteen (14) days before the date set for the mediation, a person seeking to be excused must submit a letter to the Mediator with copies sent to all other counsel and unrepresented parties explaining the necessity for being excused.

The Mediator shall promptly make a determination as to the necessity of the person’s attendance and may thereafter require personal participation, permit participation by telephone, or excuse the person’s presence altogether. The Mediator’s decision shall be final.

D. THE MEDIATION SESSION

As previously noted, the mediation session for Pro Se IFP civil cases shall be two (2) hours in duration unless otherwise approved by the court. The Mediator shall have discretion to structure the mediation so as to maximize the benefits of the process. The mediation session shall be informal, and conducted with civility, and as also previously noted mediation is confidential and private. No participant in the mediation process or any portion thereof may communicate confidential information acquired during mediation without the consent of the disclosing party, and there shall be no stenographic or electronic audio or visual recording of the mediation process.

The confidentiality of information disclosed during mediation does not, however, prohibit or limit: the Court from collecting information relative to evaluation of the Mediation program; the Mediator from reporting a failure to attend mediation sessions or comply with applicable court orders; the Mediator from filing any mediation reports or forms; a party from seeking to enforce a settlement agreement; a party from disclosing the final resolution and settlement reached unless, in the interest of justice, the parties have agreed to the confidentiality of same; or any participant from making such disclosures as are required by law. E. MEDIATION FORMS AND REPORTS (AFTER MEDIATION SESSION) At the close of the initial mediation session, the Mediator and the parties shall jointly determine whether it would be appropriate and helpful to request the Court to provide additional mediation sessions. Within seven (7) days after the close of each mediation session, and on the “Mediation Certification” form provided by the Court, the Mediator shall report to the Court the date the mediation session was held, whether the case settled in whole or in part and whether any additional sessions are recommended and if so, the reasons. If such additional sessions are recommended the motions referred to in “Mediation Certification” shall be filed under seal in the case docket.

11 above should be filed with the court. The § APPENDIX E LR 16.2 Track 1 (Administrative) Scheduling Order APPENDIX E IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE Plaintiff(s), v. Defendant(s). , , Case : x:xx-cv-xxxxx-XXX-xxx ADMINISTRATIVE TRACK SCHEDULING ORDER Pursuant to Local Rule 16.2, the following dates are established as the final deadlines for: FILING OF THE RECORD: [insert date 30 days after the appearance of the first defendant] FILING OF MOTIONS OR BRIEFS: [insert date 90 days after entry of this scheduling order] OTHER RELEVANT MATTERS: Due to the nature of this case, it is not anticipated that discovery will be necessary. Any party anticipating that discovery will, in fact, be necessary should promptly file a motion to request a scheduling conference. This case is set for a [jury]/ [non-jury] trial.

The pretrial order deadline, pretrial conference date, and trial date will be set by separate order. However, due to the nature of this case, it is not anticipated that a trial will be necessary. Any party anticipating that a trial will, in fact, be necessary should promptly file a motion to request a scheduling conference. Pursuant to Local Rule 7.2(a)(1)(A), all motions, except motions pursuant to Fed. R. Civ. P. 12, 56, 59, and 60, shall be accompanied by a proposed order in a word processing format sent to the ECF mailbox of the presiding Judge.

Pursuant to Local Rule 7.2(a)(1)(B), the parties are required to consult prior to filing any motion (except motions filed pursuant to Fed. R. Civ. P. 12, 56, 59, and 60). The opposing party must file a response to any opposed motion. Pursuant to Local Rule 7.2(a)(2), a party’s failure to respond timely to any motion, other than one requesting dismissal of a claim or action, may be deemed good grounds for granting the motion. Neither party may file an additional reply to any motion, other than a motion filed pursuant to Fed. R. Civ. P. 12(b) or 56.

As provided by Local Rule 7.2(c), if a party believes that a reply is necessary, it shall file a motion for leave to file a reply accompanied by a memorandum setting forth the reasons for which a reply is required within seven days of service of the response. Pursuant to Local Rules 12.1(c) and 56.1(c), a party moving for summary judgment or to dismiss may file a reply within 14 days after being served with the response in opposition to the motion. The parties [do] / [do not] consent to trial before the Magistrate Judge. Absent good cause shown, the deadlines set by this order will not be modified or extended.

IT IS SO ORDERED this day of , 20 . WENDY R. OLIVER CLERK OF COURT ENTERED BY: Deputy Clerk APPENDIX F LR 16.2 Track 2 (Pro Se Prisoner) Scheduling Order APPENDIX F IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION , , Plaintiff, v. Defendant. Case x:xx-cv-xxxxx-XXX-xxx PRO SE PRISONER TRACK SCHEDULING ORDER Pursuant to Local Rule 16.2, the following dates are established as the final deadlines for: COMPLETING ALL DISCOVERY: [insert date150 days after the filing of a service order pursuant to LR 4.1(b)(3)] FILING DISPOSITIVE MOTIONS: [insert date 180 days after the filing of a service order pursuant to LR 4.1(b)(3)] OTHER RELEVANT MATTERS: No depositions may be scheduled to occur after the discovery deadline. All motions, discovery requests, or other filings that require a response must be filed sufficiently in advance of the discovery deadline to enable the opposing party to respond by the time permitted by the Rules prior to that date.

Motions to compel discovery are to be filed and served by the discovery deadline or within 30 days of the default or the service of the response, answer, or objection that is the subject of the motion, if the default or the service of the response, answer, or objection occurs within 30 days of the discovery deadline, unless the time for filing of such motion is extended for good cause shown, or the objection to the default, response, answer, or objection is waived. This case is set for a [jury] / [non-jury] trial. The pretrial order deadline, pretrial conference date, and trial date will be set by separate Order. Pursuant to Local Rule 7.2(a)(1)(A), all motions, except motions pursuant to Fed. R. Civ. P. 12, 56, 59, and 60, shall be accompanied by a proposed order in a word processing format sent to the ECF mailbox of the presiding Judge.

The opposing party must file a response to any opposed motion. Pursuant to Local Rule 7.2(a)(2), a party’s failure to respond timely to any motion, other than one requesting dismissal of a claim or action, may be deemed good grounds for granting the motion. Neither party may file an additional reply to any motion, other than a motion filed pursuant to Fed. R. Civ. P. 12(b) or 56. As provided by Local Rule 7.2(c), if a party believes that a reply is necessary, it shall file a motion for leave to file a reply accompanied by a memorandum setting forth the reasons for which a reply is required within seven days of service of the response.

Pursuant to Local Rules 12.1(c) and 56.1(c), a party moving for summary judgment or to dismiss may file a reply within 14 days after being served with the response in opposition to the motion. Absent good cause shown, the deadlines set by this order will not be modified or extended.

IT IS SO ORDERED.

UNITED STATES MAGISTRATE JUDGE APPENDIX G LR 16.2 Track 3 (Expedited) Scheduling Order APPENDIX G IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION , , Plaintiff, v. Defendant. Case x:xx-cv-xxxxx-XXX-xxx EXPEDITED TRACK SCHEDULING ORDER Pursuant to Local Rule 16.2, the parties met on [insert date], conferred in compliance with Federal Rule of Civil Procedure 26(f), and agreed upon the matters set forth herein. Present were , counsel for defendant. The parties agree that this case should be assigned to the Expedited Track.

The parties further agree that the Scheduling Conference previously set by the Court should be cancelled. The following dates are established as the final deadlines for: , counsel for plaintiff, and INITIAL DISCLOSURES PURSUANT TO FED. R. CIV. P. 26(a)(1): [insert date 14 days after submission of the proposed scheduling order] MOTIONS TO JOIN PARTIES: [insert date 30 days after submission of the proposed scheduling order] MOTIONS TO AMEND PLEADINGS: [insert date 30 days after submission of the proposed scheduling order] MOTIONS TO DISMISS: [insert date 60 days after submission of the proposed scheduling order] COMPLETING ALL DISCOVERY: [insert date 180 days after service or waiver of service of the first defendant] (a) WRITTEN DISCOVERY: [insert date 30 days before the deadline for completing all discovery] (b) DEPOSITIONS: [insert the deadline for completing all discovery] EXPERT WITNESS DISCLOSURES PURSUANT TO FED. R. CIV. P. 26(a)(2): (a) DISCLOSURE OF PLAINTIFF’S (OR PARTY WITH BURDEN OF PROOF) RULE 26(a)(2) EXPERT INFORMATION: [insert date 30 days before the deadline for completing all discovery] (b) DISCLOSURE OF DEFENDANT’S (OR OPPOSING PARTY) RULE 26(a)(2) EXPERT INFORMATION: [insert date 15 days before the deadline for completing all discovery] (c) EXPERT WITNESS DEPOSITIONS: [insert the deadline for completing all discovery] MOTIONS TO EXCLUDE EXPERTS UNDER F.R.E. 702/DAUBERT MOTIONS: [insert date 15 days after the deadline for completing all discovery] FILING DISPOSITIVE MOTIONS: [insert date 30 days after the deadline for completing all discovery] OTHER RELEVANT MATTERS: As required by Local Rule 26.1(e), the parties have conferred as to whether they will seek discovery of electronically stored information (“e-discovery”) and [have agreed that e-discovery is not appropriate in this case and therefore they will not seek e-discovery] / [have reached an agreement regarding e-discovery and hereby submit the parties’ e-discovery plan for the Court’s approval] / [have not reached an agreement regarding e-discovery and will comply with the default standards described in Local Rule 26.1(e) until such time, if ever, the parties reach an agreement and the Court approves the parties’ e-discovery plan]. [Pursuant to agreement of the parties, if privileged or protected information is inadvertently produced, the producing party may, by timely notice, assert the privilege or protection and obtain the return of the materials without waiver.] No depositions may be scheduled to occur after the discovery deadline. All motions, discovery requests, or other filings that require a response must be filed sufficiently in advance of the discovery deadline to enable the opposing party to respond by the time permitted by the Rules prior to that date. Motions to compel discovery are to be filed and served by the discovery deadline or within 30 days of the default or the service of the response, answer, or objection that is the subject of the motion, if the default or the service of the response, answer, or objection occurs within 30 days of the discovery deadline, unless the time for filing of such motion is extended for good cause shown, or the objection to the default, response, answer, or objection is waived.

This case is set for a [jury] / [non-jury] trial. The pretrial order deadline, pretrial conference date, and trial date will be set by separate Order. The parties anticipate the trial will last approximately [insert number] days. The parties are ordered to engage in ADR before the close of discovery.

Under ADR Rule 5.11(b) the mediator is to file a Mediation Certification within seven (7) days after the close of the mediation session reporting the date of the session, whether the case settled as a whole or in part and whether any follow up is scheduled. And under Local Rule 16.3(d), within seven (7) days after the mediator submits the Mediation Certification, the parties shall file a notice confirming that ADR was conducted and indicating whether it was successful or unsuccessful, without disclosing the parties’ respective positions. Pursuant to Local Rule 7.2(a)(1)(A), all motions, except motions pursuant to Fed. R. Civ. P. 12, 56, 59, and 60, shall be accompanied by a proposed order in a word processing format sent to the ECF mailbox of the presiding judge. Pursuant to Local Rule 7.2(a)(1)(B), the parties are required to consult prior to filing any motion (except motions filed pursuant to Fed. R. Civ. P. 12, 56, 59, and 60).

The opposing party must file a response to any opposed motion. Pursuant to Local Rule 7.2(a)(2), a party’s failure to respond timely to any motion, other than one requesting dismissal of a claim or action, may be deemed good grounds for granting the motion. Neither party may file an additional reply to any motion, other than a motion filed pursuant to Fed. R. Civ. P. 12(b) or 56. As provided by Local Rule 7.2(c), if a party believes that a reply is necessary, it shall file a motion for leave to file a reply accompanied by a memorandum setting forth the reasons for which a reply is required within seven days of service of the response.

Pursuant to Local Rules 12.1(c) and 56.1(c), a party moving for summary judgment or to dismiss may file a reply within 14 days after being served with the response in opposition to the motion. The parties [do] / [do not] consent to trial before the Magistrate Judge. This order has been entered after consultation with the parties. Absent good cause shown, the deadlines set by this order will not be modified or extended.

IT IS SO ORDERED.

PRESIDING UNITED STATES JUDGE APPENDIX H LR 16.2 Track 4 (Standard) Scheduling Order APPENDIX H IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION , , Plaintiff, v. Defendant. Case x:xx-cv-xxxxx-XXX-xxx STANDARD TRACK SCHEDULING ORDER Pursuant to Local Rule 16.2, a scheduling conference was held on [insert date]. Present , counsel for defendant. were Prior to the scheduling conference, on [insert date], the parties met and conferred in compliance with Federal Rule of Civil Procedure 26(f). The following dates are established as the final deadlines for: , counsel for plaintiff, and INITIAL DISCLOSURES PURSUANT TO FED. R. CIV. P. 26(a)(1): [insert date 14 days after the preliminary scheduling conference] MOTIONS TO JOIN PARTIES: [insert date 60 days after the preliminary scheduling conference] MOTIONS TO AMEND PLEADINGS: [insert date 60 days after the preliminary scheduling conference] MOTIONS TO DISMISS: [insert date 90 days after the preliminary scheduling conference] COMPLETING ALL DISCOVERY: [insert date 300 days after service or waiver of service of the first defendant] (a) WRITTEN DISCOVERY: [insert date 30 days before the deadline for completing all discovery] (b) DEPOSITIONS: [insert the deadline for completing all discovery] EXPERT WITNESS DISCLOSURES PURSUANT TO FED. R. CIV. P. 26(a)(2): (a) DISCLOSURE OF PLAINTIFF’S (OR PARTY WITH BURDEN OF PROOF) RULE 26(a)(2) EXPERT INFORMATION: [insert date 60 days before the deadline for completing all discovery] (b) DISCLOSURE OF DEFENDANT’S (OR OPPOSING PARTY) RULE 26(a)(2) EXPERT INFORMATION: [insert date 30 days before the deadline for completing all discovery] (c) EXPERT WITNESS DEPOSITIONS: [insert the deadline for completing all discovery] MOTIONS TO EXCLUDE EXPERTS UNDER F.R.E. 702/DAUBERT MOTIONS: [insert date 15 days after the deadline for completing all discovery] SUPPLEMENTATION UNDER RULE 26(e)(2): [insert the deadline for completing all discovery] FILING DISPOSITIVE MOTIONS: [insert date 30 days after the deadline for completing all discovery] OTHER RELEVANT MATTERS: As required by Local Rule 26.1(e), the parties have conferred as to whether they will seek discovery of electronically stored information (“e-discovery”) and [have agreed that e-discovery is not appropriate in this case and therefore they will not seek e-discovery] / [have reached an agreement regarding e-discovery and hereby submit the parties’ e-discovery plan for the Court’s approval] / [have not reached an agreement regarding e-discovery and will comply with the default standards described in Local Rule 26.1(e) until such time, if ever, the parties reach an agreement and the Court approves the parties’ e-discovery plan]. [Pursuant to agreement of the parties, if privileged or protected information is inadvertently produced, the producing party may, by timely notice, assert the privilege or protection and obtain the return of the materials without waiver.] No depositions may be scheduled to occur after the discovery deadline.

All motions, discovery requests, or other filings that require a response must be filed sufficiently in advance of the discovery deadline to enable the opposing party to respond by the time permitted by the Rules prior to that date. Motions to compel discovery are to be filed and served by the discovery deadline or within 30 days of the default or the service of the response, answer, or objection that is the subject of the motion, if the default or the service of the response, answer, or objection occurs within 30 days of the discovery deadline, unless the time for filing of such motion is extended for good cause shown, or the objection to the default, response, answer, or objection is waived. This case is set for a [jury] / [non-jury] trial. The pretrial order deadline, pretrial conference date, and trial date will be set by separate Order.

The parties anticipate the trial will last approximately [insert number] days. The parties are ordered to engage in ADR before the close of discovery. Under ADR Rule 5.11(b) the mediator is to file a Mediation Certification within seven (7) days after the close of the mediation session reporting the date of the session, whether the case settled as a whole or in part and whether any follow up is scheduled. And under Local Rule 16.3(d), within seven (7) days after the mediator submits the Mediation Certification, the parties shall file a notice confirming that ADR was conducted and indicating whether it was successful or unsuccessful, without disclosing the parties’ respective positions.

Pursuant to Local Rule 7.2(a)(1)(A), all motions, except motions pursuant to Fed. R. Civ. P. 12, 56, 59, and 60, shall be accompanied by a proposed order in a word processing format sent to the ECF mailbox of the presiding judge. Pursuant to Local Rule 7.2(a)(1)(B), the parties are required to consult prior to filing any motion (except motions filed pursuant to Fed. R. Civ. P. 12, 56, 59, and 60). The opposing party must file a response to any opposed motion. Pursuant to Local Rule 7.2(a)(2), a party’s failure to respond timely to any motion, other than one requesting dismissal of a claim or action, may be deemed good grounds for granting the motion.

Neither party may file an additional reply to any motion, other than a motion filed pursuant to Fed. R. Civ. P. 12(b) or 56. As provided by Local Rule 7.2(c), if a party believes that a reply is necessary, it shall file a motion for leave to file a reply accompanied by a memorandum setting forth the reasons for which a reply is required within seven days of service of the response. Pursuant to Local Rules 12.1(c) and 56.1(c), a party moving for summary judgment or to dismiss may file a reply within 14 days after being served with the response in opposition to the motion. The parties [do] / [do not] consent to trial before the Magistrate Judge.

This order has been entered after consultation with the parties. Absent good cause shown, the deadlines set by this order will not be modified or extended.

IT IS SO ORDERED.

PRESIDING UNITED STATES JUDGE APPENDIX I LR 16.2 Track 5 (Complex) Scheduling Order APPENDIX I IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION , , Plaintiff, v. Defendant. Case x:xx-cv-xxxxx-XXX-xxx COMPLEX TRACK SCHEDULING ORDER Pursuant to Local Rule 16.2, a scheduling conference was held on [insert date]. Present , counsel for defendant. were Prior to the scheduling conference, on [insert date], the parties met and conferred in compliance with Federal Rule of Civil Procedure 26(f). The following dates are established as the final deadlines for: , counsel for plaintiff, and INITIAL DISCLOSURES PURSUANT TO FED. R. CIV. P. 26(a)(1): [insert date] MOTIONS TO JOIN PARTIES: [insert date] MOTIONS TO AMEND PLEADINGS: [insert date] MOTIONS TO DISMISS: [insert date] COMPLETING ALL DISCOVERY: [insert date] (a) WRITTEN DISCOVERY: [insert date] (b) DEPOSITIONS: [insert date] EXPERT WITNESS DISCLOSURES PURSUANT TO FED. R. CIV. P. 26(a)(2): (a) DISCLOSURE OF PLAINTIFF’S (OR PARTY WITH BURDEN OF PROOF) RULE 26(a)(2) EXPERT INFORMATION: [insert date] (b) DISCLOSURE OF DEFENDANT’S (OR OPPOSING PARTY) RULE 26(a)(2) EXPERT INFORMATION: [insert date] (c) EXPERT WITNESS DEPOSITIONS: [insert date] MOTIONS TO EXCLUDE EXPERTS UNDER F.R.E. 702/DAUBERT MOTIONS: [insert date] SUPPLEMENTATION UNDER RULE 26(e)(2): [insert date] FILING DISPOSITIVE MOTIONS: [insert date] OTHER RELEVANT MATTERS: As required by Local Rule 26.1(e), the parties have conferred as to whether they will seek discovery of electronically stored information (“e-discovery”) and [have agreed that e-discovery is not appropriate in this case and therefore they will not seek e-discovery] / [have reached an agreement regarding e-discovery and hereby submit the parties’ e-discovery plan for the Court’s approval] / [have not reached an agreement regarding e-discovery and will comply with the default standards described in Local Rule 26.1(e) until such time, if ever, the parties reach an agreement and the Court approves the parties’ e-discovery plan]. [Pursuant to agreement of the parties, if privileged or protected information is inadvertently produced, the producing party may, by timely notice, assert the privilege or protection and obtain the return of the materials without waiver.] No depositions may be scheduled to occur after the discovery deadline.

All motions, discovery requests, or other filings that require a response must be filed sufficiently in advance of the discovery deadline to enable the opposing party to respond by the time permitted by the Rules prior to that date. Motions to compel discovery are to be filed and served by the discovery deadline or within 30 days of the default or the service of the response, answer, or objection that is the subject of the motion, if the default or the service of the response, answer, or objection occurs within 30 days of the discovery deadline, unless the time for filing of such motion is extended for good cause shown, or the objection to the default, response, answer, or objection is waived. This case is set for a [jury] / [non-jury] trial. The pretrial order deadline, pretrial conference date, and trial date will be set by separate Order.

The parties anticipate the trial will last approximately [insert number] days. The parties are ordered to engage in ADR before the close of discovery. Under ADR Rule 5.11(b) the mediator is to file a Mediation Certification within seven (7) days after the close of the mediation session reporting the date of the session, whether the case settled as a whole or in part and whether any follow up is scheduled. And under Local Rule 16.3(d), within seven (7) days after the mediator submits the Mediation Certification, the parties shall file a notice confirming that ADR was conducted and indicating whether it was successful or unsuccessful, without disclosing the parties’ respective positions.

Pursuant to Local Rule 7.2(a)(1)(A), all motions, except motions pursuant to Fed. R. Civ. P. 12, 56, 59, and 60, shall be accompanied by a proposed order in a word processing format sent to the ECF mailbox of the presiding judge. Pursuant to Local Rule 7.2(a)(1)(B), the parties are required to consult prior to filing any motion (except motions filed pursuant to Fed. R. Civ. P. 12, 56, 59, and 60). The opposing party must file a response to any opposed motion. Pursuant to Local Rule 7.2(a)(2), a party’s failure to respond timely to any motion, other than one requesting dismissal of a claim or action, may be deemed good grounds for granting the motion.

Neither party may file an additional reply to any motion, other than a motion filed pursuant to Fed. R. Civ. P. 12(b) or 56. As provided by Local Rule 7.2(c), if a party believes that a reply is necessary, it shall file a motion for leave to file a reply accompanied by a memorandum setting forth the reasons for which a reply is required within seven days of service of the response. Pursuant to Local Rules 12.1(c) and 56.1(c), a party moving for summary judgment or to dismiss may file a reply within 14 days after being served with the response in opposition to the motion. The parties [do] / [do not] consent to trial before the Magistrate Judge.

This order has been entered after consultation with the parties. Absent good cause shown, the deadlines set by this order will not be modified or extended.

IT IS SO ORDERED.

PRESIDING UNITED STATES JUDGE