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