UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
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HAIKALA CHAMBERS INITIAL ORDER
The Court enters this order to help “secure the just, speedy, and inexpensive
determination” of this action. Fed. R. Civ. P. 1. The Court expects the parties to be
adversaries with respect to the substantive issues litigated in this action, but counsel
should cooperate in the litigation process in the spirit of Rule 1.
The information contained in the sections that follow address these topics:
I. Initial Screening of the Complaint
II. Motions to Dismiss
III. Rule 26(f) Obligations/Draft Scheduling Orders
IV. Protective Orders
V. Communication with the Court
VI. Required E-Mail Submissions to Chambers
VII. Briefing Format and Requirements including AI Disclosures
VIII. Filing Procedures
IX. Fee Shifting Cases
X. Oral Argument
XI. Use of AI to Create Court Submissions
Please read this order closely; this initial order governs all proceedings in this case.*
I. Initial Screening of the Complaint
The Court has reviewed the complaint, and the Court finds that it may exercise
jurisdiction over the subject matter of this action. The Court has an ongoing
obligation to assess subject matter jurisdiction. Univ. of S. Alabama v. Am. Tobacco
Co., 168 F.3d 405, 410 (11th Cir. 1999) (“[I]t is well settled that a federal court is
obligated to inquire into subject matter jurisdiction sua sponte whenever it may be
lacking.”); see also Burr & Forman v. Blair, 470 F.3d 1019, 1035 n. 38 (11th Cir.
2006). If, on motion from a party or on its own review, the Court determines that it
may not have jurisdiction over the subject matter of this action, then the Court will
give the parties an opportunity to address the jurisdictional issue.
II. Motions to Dismiss
When a defendant files a motion to dismiss, the Court will enter an order that
sets either a briefing schedule or a hearing to discuss the motion.
The Court often receives motions to dismiss that describe perceived
deficiencies in the factual allegations of a complaint. Under the Federal Rules of
Civil Procedure, a complaint must contain “a short and plain statement of the claim
showing that the pleader is entitled to relief.” FED. R. CIV. P. 8(a)(2). A plaintiff
*
This case is not governed by the Uniform Initial Order for the Northern District of Alabama.
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may amend a complaint to address pleadings deficiencies that cause a complaint to
fall short of the requirements of Rule 8. A district court must “freely give leave” to
amend “when justice so requires.” FED. R. CIV. P. 15(a)(2). Accordingly, if counsel
for a defendant believes that factual allegations in a complaint do not meet Rule 8’s
notice requirement, then counsel for the defendant must confer with counsel for the
plaintiff before filing a motion to dismiss and ask counsel for the plaintiff to cure the
perceived deficiencies.
If the plaintiff’s attorney agrees to amend the complaint, then the parties shall
file a notice advising the Court that they have conferred, and the plaintiff has opted
to file an amended complaint. The joint notice relieves the defendant(s) of the
obligation of responding to the original complaint. If, after conferring with the
plaintiff, the parties are not able to agree, and the defendant files a motion to dismiss,
then the defendant shall state on the first page of the motion that the parties conferred
before the defendant filed the Rule 12(b)(6) motion.
The obligation to confer pertains only to Rule 12(b)(6) motions to dismiss
based on the sufficiency of the factual allegations in the complaint. There is no such
obligation for other motions to dismiss.
This instruction does not apply to cases in which individuals are handling their
cases pro se without the assistance of an attorney.
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III. Rule 26(f) Obligations
Within 14 days of the appearance of all defendants, the parties must confer
pursuant to Rule 26(f). 1 If this case involves more than one defendant and if, 90
days from the date on which the plaintiff(s) filed the complaint, the defendants have
not all been served and/or appeared, the parties shall file a joint notice advising the
Court of the status of the case.
At least seven days before the parties conduct a discovery conference
pursuant to Rule 26(f), the parties shall exchange the initial disclosures that Federal
Rule of Civil Procedure 26(a)(1) requires. The Court asks the parties to please
exchange as much information as possible before the discovery conference to
facilitate better discussions during the discovery meeting.2
The parties’ discussions during their Rule 26(f) conference shall cover the
following topics:
• the nature of the claims and defenses, the complexity of the case, and
the possibility of a prompt settlement or resolution of the case through
formal mediation or informal settlement negotiations;
• preservation of discoverable information;
1
Rule 26(f)(2) provides: “[T]he court may order the parties or attorneys to attend the conference
in person.” FED. R. CIV. P. 26(f)(2). The Court does not require the parties to meet in person, but
the Court encourages the parties to conduct their Rule 26(f) conference in person or by video
conference.
2
The Court recognizes that in some circumstances, a party may not be able to provide complete
initial disclosures before the Rule 26(f) conference. The parties must supplement initial
disclosures pursuant to Rule 26(e).
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• a proposed discovery plan that briefly describes the parties’ positions
and provides proposed deadlines for the matters addressed in sub-
paragraphs (A) through (F) of FED. R. CIV. P. 26(f)(3); and
• execution of authorization(s) for disclosure of “protected health
information” in cases in which the provisions of the Health Insurance
Portability and Accountability Act of 1996 (“HIPAA”), Pub. L. No.
104-191, 110 Stat. 1936 (1996), and regulations promulgated under the
Act, apply.3
Within three days of the Rule 26(f) meeting, the parties must file a joint report
of their planning meeting. The report must include:
• a brief description of the nature of the case;
• a list of related cases or proceedings pending before another judge of
this court or before another court or administrative body;
• an indication of the parties’ assessment of the complexity of the case;
and
• an analysis of the case’s suitability for an early settlement conference
or mediation.
Using the Word template at https://www.alnd.uscourts.gov/content/judge-madeline-
h-haikala, the parties shall email to chambers at
[email protected] in Word a draft scheduling order that
provides proposed deadlines for discovery and dispositive motions and proposed
3
If the parties require a HIPAA protective order, they may find a draft order at the Court’s website
at https://www.alnd.uscourts.gov/content/judge-madeline-h-haikala. The parties should tailor the
draft order to the needs of their case and email their draft protective order to the chambers email
address,
[email protected].
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limits on the number of discovery requests. The Court will provide a date for a post-
discovery status conference.
IV. Protective Orders
If the parties anticipate an exchange of information that is confidential or
proprietary, then the parties shall please email a draft protective order to chambers
at
[email protected] in Word format. The parties shall please
include the following language in a proposed protective order:
Any person who reviews or receives confidential material shall not
disclose such information to any other person except as allowed by and
in strict conformity with this Order. Attorneys of record shall advise
all persons who are given access to confidential information of the
terms of this order and shall have all persons who are given access to
confidential information other than members of the attorneys’ staff sign
a copy of this order to acknowledge their familiarity with the terms of
the order and its binding force. Individuals who are shown confidential
information shall not be allowed to retain copies and shall not use the
confidential information for any purpose unrelated to this litigation.
V. Communication with the Court
The Court may not engage in ex parte communications. If attorneys need to
contact chambers, they shall email chambers at
[email protected] and copy all counsel of record on the email.
VI. Required E-Mail Submissions to Chambers
Counsel must e-mail to chambers in Word format copies of all filed motions
that exceed 10 pages, copies of all filed briefs, and copies of all proposed orders. All
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communications to the chambers email address must show a copy to all opposing
counsel.
VII. Briefing Format and Requirements
Documents that the parties file shall use Times New Roman Font and 14-point
font; footnotes may be in 12-point font. Documents must be double-spaced;
footnotes and indented quotations that exceed three lines should be single-spaced.
The party filing a motion shall indicate on the first page of the motion whether
the motion is opposed or unopposed and whether the party requests oral argument.
Citations to the record shall refer to the CM/ECF document number, page
number, and paragraph or deposition line number, where available. Evidence cited
in a brief must be filed in CM/ECF before a party files a brief to enable the party to
cite to the evidence by CM/ECF document and page number. If a party cannot file
evidence electronically before filing a brief, then the party shall, within three days
of filing a brief, email to chambers (
[email protected]) a Word
version of the brief with CM/ECF record citations.
VIII. Filing Procedures
a. CM/ECF Record
The official record of this case is maintained electronically in CM/ECF.
Except in extraordinary circumstances, all filings must comply with the Court’s
Administrative Procedures Manual. Attorneys must register for electronic filing and
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service through the “Attorney Registration” link on the Court’s website,
www.alnd.uscourts.gov.4 Pro se litigants who lack electronic access may file
documents conventionally in paper format.
Documents filed through CM/ECF must be in .pdf (Portable Document
Format). Should counsel or a pro se litigant have trouble filing a document, (s)he
may call the Clerk’s Office at (205) 278-1700 and select option 3 for the Help Desk
for assistance.
b. Protected Information
Counsel are reminded to please comply with the Court’s Administrative
Procedures Manual for electronic filing (on the Court’s website) with respect to
personal identifiers (e.g., Social Security numbers, driver’s 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.
c. Sealing Documents
If a party believes that information contained in a motion or an exhibit should
be placed under seal, then the party must file a motion for leave to file the document
under seal. If the Court grants the motion, the Court will review the information
4
After an attorney has registered, his/her registration becomes permanent; (s)he is not required to
re-register in each individual case.
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placed under seal. Upon review, if the Court is inclined to lt the seal partially or
entirely, then the Court will give the parties notice and an opportunity to be heard.
IX. Fee Shifting Cases
The Court’s website contains standard orders for fee shifting cases. The
parties may access the Court’s website at http://www.alnd.uscourts.gov/content/
judge-madeline-h-haikala. Parties must comply with those orders if they plan to
seek an award of fees.
X. Oral Argument
The Court welcomes oral argument. Requests for oral argument shall appear
on the first page of a motion or brief directly below the case number in the caption
of the pleading.
XI. Artificial Intelligence – Use of AI to Create Court Submissions
Lawyers and pro se litigants who use technology like ChatGPT, Google Bard,
Bing AI Chat, or other generative artificial intelligence services to prepare
documents that the parties file in the record in this case are cautioned that generative
AI technologies sometimes may produce factually or legally inaccurate content. The
Court does not prohibit the use of AI, but to comply with Rule 11 of the Federal
Rules of Civil Procedure and other applicable legal and ethical standards, attorneys
and pro se litigants must review and verify computer-generated content to ensure
that it is accurate and complies with all such governing standards.
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Conclusion
Counsel of record shall instruct all attorneys who work on this case, including
in-house counsel, to review this order. The Court looks forward to working with the
parties on this case.
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