UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
________ DIVISION
[Name of plaintiff(s)], )
)
Plaintiff(s), )
)
v. ) Civil Action No.
)
[Name of defendant(s)], )
)
Defendant(s). )
INITIAL ORDER
GOVERNING ALL FURTHER PROCEEDINGS
This order governs all proceedings in this action, unless modified by written
order for good cause shown.
Judge Axon’s staff will not answer questions from attorneys or unrepresented
parties over the telephone. Therefore, each attorney or unrepresented party appearing
in this case and practicing in this court should carefully review this order and the
court’s local rules available at www.alnd.uscourts.gov. If an attorney or an
unrepresented party has a question that cannot be answered by reference to this order
or the local rules, the attorney or unrepresented party must email chambers
(
[email protected]) with a copy to all opposing counsel or, if a
party is unrepresented, the unrepresented party. The court will not respond to ex
parte communication from any attorney or unrepresented party.
I. GENERAL PROVISIONS
A. Communication With Chambers
Any and all questions should be sent to axon_chambers@
alnd.uscourts.gov, with a copy to all opposing counsel or, if a party is unrepresented,
the unrepresented party. Emails that do not include all counsel of record, or if a
party is unrepresented, the unrepresented party, will not receive a response.
If an unrepresented party does not have an e-mail address, the parties may file
a motion for a telephone conference.
B. HIPAA Compliance
In accordance with the requirements of the Health Insurance Portability and
Accountability Act of 1996 (“HIPAA”), Pub. L. No. 104-191, 110 Stat. 1936 (1996),
and its regulations, when “protected health information” is relevant to the claims or
defenses presented in an action, the party seeking such “protected health
information” shall present a valid authorization at the Rule 26 planning meeting to
be executed by the party from whom such “protected health information” is sought.
The parties shall include in their report a deadline (specific date) by which the
authorization will be executed. The parties may file with the court a motion for a
“qualified protective order,” to which all parties stipulate, and, at the same time, e-
mail to
[email protected] a proposed “qualified protective order,”
in substantially the form attached to this order as Appendix I.
2
C. Dismissal of Non-Served Defendants
Any defendant who has not been served with a summons and complaint within
90 days after the filing of the complaint (or within 90 days after the party was added
to the action) may be dismissed without further order of the court unless the party
on whose behalf such service is required shows good cause why service has not been
perfected.
D. Suitability of Action for Alternative Dispute Resolution
All parties should give early consideration to the possibility of settlement to
avoid unnecessary costs and fees. The court requires that the attorneys for all parties
make an early analysis of the case along with their clients and be prepared to discuss
settlement at an early date. The parties shall also consider and discuss whether this
action may be suitable for mediation, whether under the court’s ADR plan or
otherwise. In the absence of an objection by any of the parties, the court will order
this case to mediation before the submission of dispositive motions.
Each attorney is directed to immediately forward a copy of the initial order to
his or her client. Plaintiff(s)’ attorney(s) are ordered to immediately discuss the
feasibility of settlement with Defendant(s)’ attorney(s).
3
E. Courtesy Copies
For all submissions exceeding thirty (30) pages (including exhibits), the filing
party must submit, within three (3) business days of filing, an exact courtesy copy
of the submission, reflecting the CM/ECF case number, document number, date, and
page stamp on each page, to the Clerk’s office for delivery to chambers. Deliveries
are not accepted in the court’s chambers. COURTESY COPIES SHOULD BE
DOUBLE-SIDED TO CONSERVE PAPER AND SECURELY BOUND IN A
THREE-RING BINDER OR BY LARGE CLIP.
The parties must also email a copy of any brief filed with the court to
chambers in Microsoft Word format.
F. Disclosure of Use of Artificial Intelligence
All counsel and pro se parties must disclose the use of artificial intelligence
(“AI”) in any capacity to prepare documents submitted to the court. If any attorney
or pro se party uses AI in any way to prepare a filing or submission to the court, the
attorney or pro se party MUST sign and file a disclosure of the use of artificial
intelligence stating, as follows:
This document was generated with the assistance of [identify AI tool
name]. I hereby certify under penalty of perjury that, despite use of an
AI tool, I have independently reviewed this document to confirm the
accuracy, legitimacy, and use of good and applicable law, pursuant to
Federal Rule of Civil Procedure 11.
4
The court cautions counsel and pro se parties that it does not recognize
mistake, lack of technical expertise, and time constraints as a good faith excuse for
submission of documents that either violate Rule 11 or this disclosure rule. In
particular, arguments in briefs that are supported by AI-generated caselaw (i.e., cases
or quotations from cases that do not actually exist) are not acceptable. Failure to
comply with this rule may result in appropriate sanctions, up to and including
dismissal or default judgment.
II. Electronic Submissions
A. CM/ECF Record
The official record of this case is maintained electronically pursuant to
CM/ECF. Documents must be filed through CM/ECF in PDF (Portable Document
Format) in searchable format, unless submitted by a party appearing pro se, in which
case documents should be filed with the Clerk of Court. All filings must comply with
the Court’s Civil Administrative Procedures Manual found on the court’s website.1
B. Type Size
The court requires all documents created by counsel for submission to the
court to be in 14 point type, except that footnotes may be in 12 point type.
1
The Administrative Procedures Manual is available on the court’s website by clicking the
“Policies and Procedures” link under the “For Attorneys” tab.
(https://www.alnd.uscourts.gov/sites/alnd/files/AL-N%20Civil%20Administrative%20Procedure
s%20Manual.Revision.05-18-2021.pdf)
5
C. Sealed and/or Redacted Protected Information
The Civil Administrative Procedures Manual for CM/ECF, located on the
main page of CM/ECF generally outlines the requirements and procedures with
respect to redaction and sealing. All parties should confirm compliance with those
provisions in advance of any filing. The failure to properly redact information may
result in sanctions.
Parties must seek the court’s permission to file any documents under seal by
following the procedure outlined in the Civil Administrative Procedures Manual for
CM/ECF, even when filing information designated as confidential pursuant to a
confidentiality protective order. In the Eleventh Circuit, there is a presumptive
constitutional public right of access to judicial records. Comm’r, Ala. Dep’t of Corr.
v. Advance Loc. Media, LLC, 918 F.3d 1161, 1166 (11th Cir. 2019); Chicago
Tribune Co. v. Bridgestone/Firestone, Inc., 263 F.3d 1304, 1310 (11th Cir. 2001).
The parties cannot overcome this presumption, which protects a right held by the
public, by agreeing in a protective order that documents may be filed under seal. See,
e.g., Advance Loc. Media, LLC, 918 F.3d at 1166. To overcome the public’s
constitutional right of access, the party moving to seal must establish that good cause
warrants filing the judicial records under seal. See id. at 1169; Callahan v. United
Network for Organ Sharing, 17 F.4th 1356, 1363 (11th Cir. 2021). All parties should
note that the designation of a document as confidential does not, standing alone,
6
sustain the burden of establishing good cause. Motions to seal that fail to show good
cause will be denied. See, e.g., Chicago Tribune, 263 F.3d at 1310.
D. Required Electronic Submissions to Chambers
Counsel must email to chambers copies of all proposed orders in Word Format
with opposing counsel or pro se parties copied. The address for the undersigned
judge’s chambers is
[email protected].
III. MOTION PRACTICE
A. Dispositive Motions
Any motion(s) for summary judgment filed in this action must comply with
all requirements of Appendix II to this order. Any other dispositive motion must
comply with the requirements of Appendix II to the extent practicable.
B. Other Motions
All motions longer than ten pages in length must comply with the
requirements in Appendix II to this order to the extent practicable. Before filing any
motion (other than a motion to remand), moving counsel shall contact the opposing
counsel and determine if counsel opposes the motion. All motions shall include, in
the caption under the case number, a notation that the motion is either “Opposed” or
“Unopposed.” The first paragraph shall briefly summarize the parties’ attempts to
resolve the issue(s) and set forth areas of agreement and disagreement. Failure of the
7
parties to abide by these requirements can result in a sua sponte denial of the motions
for failure to comply.
Parties must seek leave of the court before filing a motion about a discovery
dispute. The motion for leave of the court must specify the nature of the discovery
dispute and the steps the parties have taken to resolve that dispute. The motion need
only include the facts relevant to the dispute. Legal argument and/or legal citations
are not necessary. Opposing counsel MUST file a response to the motion for leave
within three days of its filing, explaining why the court should not grant leave to file
the discovery motion. If the court grants leave to file, the parties will receive an
opportunity to make substantive arguments at that time.
C. Motion of Counsel to Withdraw
Once an attorney has appeared as counsel for a party, he or she may not
withdraw from the action merely by filing a “notice of withdrawal,” but must file a
motion stating the specific grounds for withdrawal and seeking permission of the
court to do so. Any motion to withdraw which, if granted, would leave a party
unrepresented by counsel must include a certification that the moving attorney has
served a copy of the motion on his or her client and has informed the client of the
right to promptly file an objection with the court. The motion must also include the
notation, “Future notice to (name of party) is to be made at the following address:
(state last known address of the party).
8
D. Motions for Extensions of Time
Any motion that seeks an extension of the discovery deadline by more than
thirty days must provide: (1) a description of all discovery conducted up to the point
of filing the motion for an extension and the dates said discovery was served and
answered; (2) what depositions the parties have taken up to the point of filing the
motion; and (3) a discovery plan setting the date on which each outstanding
discovery issue will be resolved. Successive motions for extensions of time are
strongly disfavored.
III. SPECIFIC PROVISIONS RELATING TO CERTAIN CASES
A. ATTORNEY FEE SHIFTING CASES
If a party anticipates that during or upon the completion of this action it may
for any reason (other than as a sanction under the Federal Rules of Civil Procedure)
seek an award of attorneys’ fees from the opposing party pursuant to any statute or
other law, the party must comply with the following requirements as a precondition
to any such award:
(a) Counsel must maintain a separate record of time with a complete and
accurate accounting of all time devoted to this particular action (to the nearest
1/10 of an hour), recorded contemporaneously with the time expended, for
each attorney and with sufficient detail to disclose the nature of the work
performed in the action (i.e., not just “research” but the specific matter being
9
researched; not just “conference” but the identity of persons conferring and
general subject matter of the conference).
(b) If a claim will be made for services performed by any person not a
member of the bar, a separate time record shall be maintained for each such
individual in accordance with (a) above.
(c) Counsel is directed to review and verify all attorney and non-
attorney time records no less than once per month.
(d) Although the court does not require counsel to file a copy of the time
records before a request for a fee, counsel may file with the Clerk of Court
either a copy of the time record referenced in (a) above, or a separately
prepared document setting forth the information described in (a) above. If
counsel elects to file reports, they should be filed by the 15th day of the month
following the month in which the work was performed during the pendency
of the case. If counsel elects to file time reports, the material filed may be filed
under seal, subject to further court order, by placing the same in a sealed
envelope with the case name and number along with “ATTORNEY TIME
RECORDS - FILE UNDER SEAL” written thereon. However, if the material
is filed under seal, then the filing party must, at the time of such filing, also
file (and serve a copy on opposing parties or their counsel) a document stating
the total of the hours represented by the sealed filing, allocated as to total
10
attorney hours and total non-attorney hours included in the current filing under
seal. Upon the conclusion of this case, without further order the seal will be
lifted as to all attorney fee materials filed under seal.
(e) A petition for attorney fees shall be accompanied by counsel’s
certification that all time records are accurate; that such records were prepared
contemporaneously with the performance of the work for which the fees are
claimed; and that counsel reviewed and verified all attorney and non-attorney
time records no less frequently than once per month.
B. CASES THAT REQUIRE EEOC CHARGES
If this case is one in which the filing of a charge of discrimination with the
Equal Employment Opportunity Commission or similar agency is required as a
prerequisite to suit, then the plaintiff(s) must file with the Clerk of Court at the time
of filing the disclosures required by Federal Rule of Civil Procedure 26(a)(1): (a) a
copy of all charges of discrimination filed with the EEOC and which form the bases
of the action; and (b) a copy of the EEOC’s response to all such charges of
discrimination filed with that agency, including the notice of right to sue.
DONE and ORDERED this May 23, 2025.
_________________________________
ANNEMARIE CARNEY AXON
UNITED STATES DISTRICT JUDGE
11
12
APPENDIX I
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
________ DIVISION
AAA, )
)
Plaintiff(s), )
)
v. ) Civil Action No. ___
)
BBB, )
)
Defendant(s). )
QUALIFIED HIPAA PROTECTIVE ORDER
The court GRANTS the parties the right, upon compliance with the applicable
discovery provisions of the Federal Rules of Civil Procedure and the orders of this
court, to obtain from any health care provider, health plan, or other entity covered
by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), Pub.
L. No. 104-191, 110 Stat. 1936 (1996), any and all information relating to the past,
present, or future medical condition of any individual who is a party to this action
(or the decedent or ward of a party who sues in a representative capacity), as well as
any and all information relating to the provision of health care to such individual and
payment for the provision of such health care.
13
This order authorizes any third-party who is provided with a subpoena
requesting the production of documents or commanding attendance at deposition or
trial to disclose the protected health information in response to such request or
subpoena. This order is intended to authorize such disclosures under the privacy
regulations issued pursuant to HIPAA. 45 C.F.R. § 164.512(e)(1)(i).
The court expressly prohibits the parties from using or disclosing the protected
health information obtained pursuant to this order for any purpose other than this
action. Further, the court orders the parties either to return to the covered entity from
whom or which such protected health information was obtained, or to destroy the
protected health information (including all copies made), immediately upon
conclusion of this action. See 45 C. F. R. §§ 163.502(b); 164.512(e)(1)(v).
DONE and ORDERED this ________ day of ________________, ______.
_______________________
Annemarie Carney Axon
United States District Judge
14
APPENDIX II
SUMMARY JUDGMENT REQUIREMENTS
NOTICE
This exhibit contains specific, mandatory instructions regarding the preparation and
submission of briefs and evidentiary materials in support of and in opposition to
potentially dispositive motions. These instructions must be followed strictly. Except
for good cause shown, briefs and evidentiary materials that do not conform to the
following requirements may be stricken.
SUBMISSION DATES
The court’s scheduling order will provide a deadline for filing summary
judgment motions. Any motion for summary judgment and evidentiary materials
will be due on or before that deadline. Briefs in support of or in opposition to
summary judgment must be filed within one business day of the filing of the
dispositive motion and/or evidentiary submissions. The court will enter a briefing
schedule upon receipt of the brief in support of the motion for summary judgment.
To ensure that each party is afforded a full and fair opportunity to be heard,
the parties must deliver copies of briefs and evidentiary materials to opposing parties
without undue delay and, generally, on the same date the party submits the brief.
SUBMISSIONS
The parties’ submissions in support of and opposition to summary judgment
motions must consist of: (1) a brief containing, in separately identified sections, (i) a
statement of allegedly undisputed relevant material facts and (ii) a discussion of
relevant legal authorities; and (2) copies of any evidentiary materials upon which the
party relies. More detailed requirements for these submissions are explained in the
following sections.
REQUIREMENTS FOR BRIEFS
A. Format
Initial and response briefs are limited to thirty-five pages. Reply briefs are
limited to ten pages. Briefs that exceed twenty pages must include a table of contents
that accurately reflects the organization of the document. The table of contents is not
included in the page limit. The text of briefs must be double-spaced (except for
quotations exceeding fifty words, which may be block indented from the left and
right margins and single spaced) using fourteen point typeface, preferably Times
New Roman.
The court will not consider arguments incorporated by reference to earlier
filings and will not consider substantive arguments made in footnotes. The court
may strike any brief that would exceed the page limits because of attempts to
incorporate by reference or include substantive arguments in footnotes.
16
B. Submissions
The parties must electronically file the original brief. The parties also shall e-
mail to the court’s chambers (
[email protected]) the brief in Word
format. The email must copy opposing counsel, or if a party is unrepresented, the
unrepresented party.
For requirements about the submission of courtesy copies of evidentiary
materials, see Part III.D. of the initial order.
C. Binding
The Clerk will not accept bound materials for filing, but the parties must
securely bind the court’s “courtesy copy” of the brief in a three-ring binder or large
clip for ease of use and to prevent inadvertent loss of pages. In addition, all pages
submitted in the court’s “courtesy copy” shall be three-hole punched.
D. Manner of Stating Facts
All briefs submitted either in support of or opposition to a motion must begin
with a statement of allegedly undisputed relevant material facts set out in separately
numbered paragraphs. Counsel must state facts in clear, unambiguous, simple,
declarative sentences. Each statement of fact must be supported by specific reference
to the CM/ECF document and page number of the evidentiary submissions.
17
1. Moving Party’s Initial Statement of Facts
The moving party shall list in separately numbered paragraphs each material
fact the movant contends is true and not in genuine dispute, and upon which the
moving party relies to demonstrate that it is entitled to summary judgment. Each
statement of fact must be followed by a specific reference to those portions of the
evidentiary record that the movant claims supports it.
2. Opposing Party’s Statement of Facts
Each party opposing a summary judgment motion also must submit a
statement of facts divided as follows.
a. Response to Movant’s Statement of Facts
The first section must consist of only the non-moving party’s disputes, if any,
with the moving party’s claimed undisputed facts. The non-moving party’s response
to the moving party’s claimed undisputed facts shall be in separately numbered
paragraphs that coincide with those of the moving party’s claimed undisputed facts.
Any statements of fact that are disputed by the non-moving party must be followed
by a specific reference to those portions of the evidentiary record upon which the
dispute is based. All material facts set forth in the statement required of the moving
party will be deemed to be admitted for summary judgment purposes unless
controverted by the response of the party opposing summary judgment.
18
b. Additional Undisputed Facts
The second section may contain additional, allegedly undisputed facts set out
in separately numbered paragraphs that the opposing party contends require the
denial of summary judgment. The second section of the opposing party’s statement
of facts, if any, shall be clearly designated as such. Each statement of fact in this
section shall be supported by its own evidentiary citation. The opposing party should
include only facts that the opposing party contends are true and not in genuine
dispute.
c. Additional Disputed Facts
The third section may contain additional, allegedly disputed facts set out in
separately numbered paragraphs that the opposing party contends require the denial
of summary judgment. The third section of the opposing party’s statement of facts,
if any, shall be clearly designated as such. Each statement of allegedly disputed facts
must be followed by specific reference to those portions of the evidentiary record
which both support and contradict the alleged fact.
3. Moving Party’s Reply
The reply submission, if any, must include the moving party’s disputes, if any,
with the non-moving party’s additional claimed undisputed facts. The moving
party’s response to the non-moving party’s additional claimed undisputed facts shall
be in separately numbered paragraphs that coincide with those of the non-moving
19
party’s additional claimed undisputed facts. Any statements of fact that are disputed
by the moving party must be followed by a specific reference to those portions of
the evidentiary record upon which the disputation is based. All additional material
facts set forth in the statement required of the opposing parties will be deemed to be
admitted for summary judgment purposes unless controverted by the statement of
the movant.
REQUIREMENTS FOR EVIDENTIARY MATERIALS
To facilitate the court’s requirement that the parties cite to the CM/ECF
document and page numbers, the parties must electronically file all evidentiary
materials (e.g., affidavits, exhibits, depositions, or other products of discovery)
relied upon in support of or opposition to summary judgment motions before they
file their briefs in support of or opposition to summary judgment. The parties may
file their briefs, with citations to the CM/ECF document and page numbers, one
business day after making their evidentiary submissions.
Any party opposing a summary judgment motion may reference materials
included in the moving party’s initial evidentiary submission without resubmitting
that evidentiary submission. Parties should refrain from re-submitting additional
copies of the same documents.
While the court reserves the right to consider evidentiary materials that are
not specifically referenced in the brief, no party should assume the court will
20
consider such materials. A specific reference must include the CM/ECF document,
page, and, when appropriate, line number.
A. Organization
Each volume of evidentiary materials must include a table of contents
that includes a brief narrative description of each document included: e.g.,
“Plaintiff’s Exhibit 1, the Deposition of John Jones.” Each affidavit, exhibit,
deposition, or other product of discovery must be separately identified by a capital
letter or numeral (i.e., “Exhibit A” or “Exhibit 1”); and, if the exhibit contains more
than one page, each page must be separately numbered. Deposition travel transcripts
that are submitted as part of the evidentiary record should include no more than four
pages of deposition text per 8½” by 11” page.
Counsel are directed to submit entire depositions, including all exhibits
to the depositions, even if relying only on excerpts. However, if the deposition or
exhibits to the deposition contain information designated as confidential under a
protective order and the parties agree that the confidential information is not
necessary to the court’s determination of the summary judgment motion, the parties
may seek to be relieved of the obligation to submit the full deposition with all
exhibits. If a party seeks to be relieved of this obligation, the party should move for
that relief at least one calendar week before the due date for the summary judgment
21
motion. The motion should specify whether the party will redact parts of the
deposition or will omit or redact exhibits.
B. Number of Sets Submitted
The parties must electronically file one set of evidentiary materials. The
parties must submit a “courtesy copy” to the Clerk of Court for delivery to the court’s
chambers by the Clerk, an exact copy of the filed set of evidentiary materials,
reflecting the CM/ECF case number, document number, date, and page stamp on
each page, within three business days of electronic filing. Additionally, the
evidentiary material should include a tab corresponding to each document.
Regarding courtesy copies of depositions, parties shall include the entire deposition,
in travel transcript format consisting of no more than four pages of deposition text
per 8 ½ by 11 inch page, as well all exhibits to the depositions with sub-tabs, clearly
labeled.
C. Binding
The Clerk will not accept bound materials for filing, but the parties must
securely bind the court’s “courtesy copy” of the evidentiary submission—in
separately numbered volumes, if necessary—for ease of use and to prevent
inadvertent loss of pages.
22
