UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
[Division] DIVISION
[Plaintiff], )
)
Plaintiff(s), )
)
vs. ) Civil Action No. [CaseNo]
)
[Defendant], )
)
Defendant(s). )
ALND UNIFORM INITIAL ORDER
GOVERNING ALL FURTHER PROCEEDINGS
PLEASE TAKE NOTICE:
All parties must thoroughly review the provisions of this order, which shall
govern all proceedings in this action, unless subsequently modified by written
order for good cause shown.1
I. DUTIES UNDER FEDERAL RULE OF CIVIL PROCEDURE 26(f)
AND LOCAL RULE LR26.1(d)
The parties are reminded of their obligations under Federal Rule of Civil
Procedure 26(f) and Local Rule LR26.1(d)2 to confer, as soon as practicable, but in
no event later than forty-five (45) days from the first appearance of a defendant, for
the purposes of considering the nature and basis of their claims and defenses; the
1
By appearing in this case and practicing in this court, each attorney or pro se party certifies to
this court that he or she has read and is prepared to fully comply with this court’s local rules.
2
The Local Rules of this court may be accessed at http://www.alnd.uscourts.gov.
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possibilities for a prompt settlement or resolution of the case; to make or arrange for
the disclosures required by Fed. R. Civ. P. 26(a)(1); to develop a proposed discovery
plan that indicates the parties’ views and proposals concerning all of the matters
addressed in sub-paragraphs (1) through (4) of Fed. R. Civ. P. 26(f); and in
appropriate cases, to consider whether to consent to the exercise of Magistrate Judge
jurisdiction under 28 U.S.C. § 636(c).
If the parties are unable to agree upon a date, time, or place for such
conference, the parties are hereby ORDERED to meet at 10:00 a.m. on the last Friday
falling within the forty-five day period specified in LR 26.1(d)(2) in the chambers of
the undersigned judge. If use of the court’s chambers is required, counsel should
telephone chambers at least seven days prior to the required meeting to advise the
court. If a party is proceeding without counsel, the obligation to telephone chambers
rests upon counsel for the opposing party.
A. Form of Report
The court expects a report of the parties’ planning meeting, in the general
format of the USDC ND Ala. Form 35 or Fed. R. Civ. P. Appendix Form 52 to be
jointly filed with the Clerk of Court by the parties within fourteen (14) days after the
meeting. Should the parties disagree about an item, the positions of the parties as to
that item should be clearly set forth in separate paragraphs.
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The report also should contain a synopsis of the case advising the court of the
general claims and defenses of the parties. When preparing the report, be aware that
the case should be ready for trial within twelve (12) months from the date of service
of the complaint unless extraordinary circumstances exist. Note that the burden lies
on the parties to explain why the case cannot be tried within that time frame.
Upon receipt of the report, the court may enter a scheduling order without
conducting a separate Rule 16(b) scheduling conference. The parties should notify
the court if they believe a Rule 16(b) conference is necessary.
B. Compliance with HIPAA
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 regulations promulgated thereto, 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. Alternatively, the parties may present to the court
a “qualified protective order” in substantially the form attached to this order as
Appendix I, to be entered by stipulation of counsel for all parties.
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C. 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.
If any party thinks that a settlement conference with the court at any stage
would be conducive to settlement, that party may make a written request that the
court conduct such a conference. The results of all these discussions shall be
included in the report of the parties’ planning meeting to be filed with the court.
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).
D. Commencement of Discovery
The parties are authorized to commence discovery pursuant to the terms of
Federal Rule of Civil Procedure 26 and Local Rule LR26.1 immediately after the
required report has been filed. In cases removed from state court in which any
discovery requests were filed before such removal, those discovery requests shall be
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deemed to have been filed on the date the report required by Fed. R. Civ. P. 26(f) and
LR 26.1(d) is filed in this court.
The parties may elect, but are not required, to file discovery notices, requests
and responses with the Clerk of Court. Even if the discovery notice or request is filed
with the Clerk of Court, the discovery response does not have to be filed. Counsel
are reminded to review the court's Administrative Procedures Manuals for electronic
filing (on the court's website) for the importance of redacting or sealing 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.
E. Dismissal of Non-Served Defendants
Take Notice: Any defendant who has not been served with a summons and
complaint within 120 days after the filing of the complaint (or within 120 days after
the party was added to the action) may be dismissed without further order of the court
unless prior to such time the party on whose behalf such service is required shows
good cause why service has not been perfected.
F. Hand Deliveries
If counsel wishes to provide the court with a courtesy copy of a motion or brief,
or if an order of this court requires submission of a copy in addition to the original,
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such copy shall be clearly identified as a "courtesy copy" and left in the Clerk's Office
for delivery to the court's chambers. All hand deliveries, unless otherwise instructed,
are to be made to the Clerk's Office. Fax copies are not accepted.
G. Electronic Submissions
Since January 3, 2005, the official record of the court has been the electronic
docket maintained pursuant to CM/ECF. Except in extraordinary circumstances, all
filings shall be consistent with the court’s Administrative Procedures Manuals for
civil and criminal cases. Attorneys are required to register for electronic filing and
service through the “Attorney Registration” link on the court’s website,
www.alnd.uscourts.gov. Once an attorney has so registered, his or her registration
becomes permanent, and he or she is not required to re-register in each individual
case. Documents filed through CM/ECF must be in pdf (Portable Document Format).
As part of the CM/ECF system, the court has established a “chamber’s email
address” for each judicial officer. The address for the undersigned judge’s chambers
is {judge}
[email protected]. This chambers email address has been
established to enable counsel to submit proposed orders or other requested documents
to the judge in WordPerfect format, or otherwise to communicate with the judge on
matters directly related to a case. Non-case-related communications should
NOT be sent to the chambers email address. Ex parte communications are not
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acceptable; all communications to the chambers email address must show a copy to
all opposing counsel or pro se parties. Counsel should send communications to the
chambers email address only if the court is being requested to do something; counsel
should not copy the chambers email address with communications, arguments,
debates or other matters occurring solely between counsel.
II. 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, with the exception of cases pending before Judge
U.W. Clemon or Judge William M. Acker, Jr., 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
researched; not just “conference” but 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-
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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 prior to a request for a fee, counsel may file with the clerk of the court
either a copy of the time record referred to 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 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.
Take Notice: Failure to comply with the foregoing requirements will
normally result in attorneys’ fees being disallowed.
III. 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
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the time of filing the disclosures required by Fed. R. Civ. P. 26(a)(1): (A) a copy of
all charges of discrimination filed with the EEOC and which form the bases of the
action; and (B) a copy of the EEOC’s response to all such charges of discrimination
filed with that agency, including the notice of right to sue.
IV. MOTION PRACTICE
A. Summary Judgment Motions
Any motion(s) for summary judgment filed in this action must comply with all
requirements of Appendix II to this order.
B. Motions (Other than Dispositive Motions and Motions to Remand)
Prior to filing any motion (other than a dispositive motion or a motion to
remand) in this case, moving counsel shall contact the opposing counsel and
determine if counsel will oppose 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.
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
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motion seeking permission of the court to do so, explicitly stating the grounds
therefor. 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)."
D. 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.
DONE and ORDERED this [Day] day of [Month] , [Year].
/s/
United States District Judge
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