IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
IN RE: CIVIL CASES ASSIGNED TO
UNITED STATES DISTRICT JUDGE
STEVEN D. GRIMBERG
STANDING ORDER REGARDING CIVIL LITIGATION
This Standing Order is a must read. It will likely answer any question you
may have during the pre-trial stage of this case about my procedures and
preferences. It may very well also help you avoid tragic pitfalls. Please review and
refer to it early and often.
To the extent this Standing Order conflicts with the Federal Rules of Civil
Procedure or Local Rules of this Court, this Order controls. If a Magistrate Judge
is assigned to this case, orders issued by that judge, rather than this Standing
Order, govern while the case is pending before the Magistrate Judge.
You must comply with the Standing Order entered on the docket of your
case, but you are not responsible for complying with any updated or amended
version of the Standing Order that appears on the Court’s website. However, if
you want an updated or amended version of this Standing Order (or a provision
therein) to apply to your case, you are welcome to do so with all parties’ written
consent. You may memorialize any such agreement by filing a notice of same on
the docket of your case.
1
TABLE OF CONTENTS
I. Case Administration ............................................................................................. 4
a. Communications with Chambers ............................................................ 4
b. Courtesy Copies of Documents ................................................................ 5
c. Pro Se Parties ............................................................................................... 5
II. Case Management ................................................................................................. 6
a. Diversity Jurisdiction ................................................................................. 6
b. Certificate of Interested Persons............................................................... 7
c. Responses to Pleadings.............................................................................. 8
d. Motions and Briefs ..................................................................................... 8
e. Amended Complaints and Motions to Dismiss or
Motions for Judgment on the Pleadings ................................................. 9
f. Motions for Temporary Restraining Orders or
Preliminary Injunctive Relief .................................................................. 10
g. Electronic Filing of Exhibits and Attachments ..................................... 11
h. Proposed Orders ....................................................................................... 11
i. Extensions of Time ................................................................................... 12
j. Enlargement of Page Limit...................................................................... 13
k. Conferences ............................................................................................... 13
l. Oral Argument .......................................................................................... 14
m. Courtroom Technology ........................................................................... 14
n. Mediation ................................................................................................... 15
o. Settlements................................................................................................. 16
2
III. Discovery .............................................................................................................. 16
a. General Principles of Discovery ............................................................. 16
b. Rule 26(f) Conference and Joint Preliminary Report and
Discovery Plan .......................................................................................... 17
c. Initial Disclosures ..................................................................................... 18
d. Written Discovery Responses ................................................................. 18
e. Depositions ................................................................................................ 20
f. Discovery Disputes .................................................................................. 21
g. Discovery Period Extensions .................................................................. 23
h. Protective Orders and Motions to Seal.................................................. 24
i. Expert Witness Disclosure and Discovery ............................................ 27
IV. Summary Judgment ............................................................................................ 27
a. Successive Motions for Summary Judgment Prohibited .................... 27
b. Record Citations ....................................................................................... 27
c. Statements of Undisputed or Disputed Material Facts....................... 28
d. Failure to Respond to Motions for Summary Judgment .................... 28
e. Daubert Motions ........................................................................................ 28
V. Trial ........................................................................................................................ 29
a. Consolidated Proposed Pretrial Order.................................................. 29
b. Trial Order ................................................................................................. 30
c. Artificial Intelligence ................................................................................ 30
d. Feedback .................................................................................................... 31
Appendix A: Special Instructions for Pro Se Litigants .............................................. 33
3
I. Case Administration
a. Communications with Chambers
My Courtroom Deputy Clerk (CRD) is Danielle Brye, and she will be your
principal point of contact with my Chambers, although one of my law clerks may
also contact you from time to time. These communications will generally be
oriented around scheduling or logistics. Please do not discuss the merits of the
case through these informal communications unless authorized by this Standing
Order or as otherwise directed. Please also note that we may file on the docket any
written communication submitted to Chambers.
Email is our much-favored form of communication. It avoids ex parte
communications (because you should always copy co- and opposing counsel on
your emails) and helps us internally route the communication to the right
person(s). CRD Brye’s email address is:
[email protected].
Please always include the style of the case and case number in the subject
line of your email, and if you are referring to a motion or other docket entry, please
reference the title of that item and ECF number.
We generally try to email counsel to confirm availability in advance of
scheduling a conference or hearing. This is a professional courtesy. Please return
the courtesy by responding to the email within 24 hours. If you fail to do so, the
conference or hearing will be scheduled without further notice.
4
If you wish to check on the status of a pending motion, please be mindful
that our court is busy, one of the busiest federal district courts in the nation, and
we are doing our best. You can realistically anticipate that any contested
dispositive motion will take at least six months to resolve.
If there is a time-sensitive motion or other matter that you wish to bring to
our attention, please copy my career law clerk, KJ Jones, on your email to CRD
Brye. Ms. Jones’s email is:
[email protected].
Although disfavored, if necessary, you may contact Chambers by telephone
(404-215-1470), or by mail or hand delivery to the following address:
The Honorable Steven D. Grimberg
ATTN: Courtroom Deputy Danielle Brye
1701 United States Courthouse
75 Ted Turner Drive, S.W.
Atlanta, Georgia 30303
b. Courtesy Copies of Documents
Courtesy copies of filings should not be provided to the Court unless
requested.
c. Pro Se Parties
Specific procedures applicable to pro se parties are contained in the
Appendix to this Standing Order and should be followed by individuals who are
not represented by counsel, in addition to the provisions contained in this
Standing Order itself.
5
II. Case Management
a. Diversity Jurisdiction
Federal courts are courts of limited jurisdiction, and it is my responsibility
to ensure that cases are properly in federal court. Subject matter jurisdiction is a
predicate to my ability to hear your case. For cases based on diversity jurisdiction,
if I enter an Order to Show Cause inquiring into a party’s citizenship, it is your
responsibility to properly allege that party’s citizenship and the existence of
subject matter jurisdiction.
To demonstrate diversity of citizenship as the basis for this court’s subject
matter jurisdiction, the complaint or notice of removal must sufficiently allege
more than $75,000 in controversy and the citizenship of the parties. For domestic
parties, this means state citizenship. I realize that often we think of citizenship in
terms of countries, but for purposes of diversity jurisdiction, domestic parties must
be citizens of different states. Citizenship for individuals for this purpose is
equivalent to domicile, not to a person’s residence. McCormick v. Aderholt, 293 F.3d
1254, 1257–58 (11th Cir. 2002) (Domicile is a party’s “true, fixed, and permanent
home and principal establishment, and to which he has the intention of returning
whenever he is absent therefrom.”).
One of the most common mistakes we see in originally filed complaints or
notices of removal alleging diversity jurisdiction is reliance on allegations of a
6
party’s residence rather than the party’s citizenship. I recognize that these words
may appear to say the same thing, but trust me, the Eleventh Circuit does not. If
you fail to properly allege diversity of citizenship, your case will be dismissed or
remanded.
The citizenship of an artificial entity depends on the form of the entity. You
are advised to confirm, prior to making any jurisdictional allegation, how the
citizenship of that specific entity is determined. See generally 28 U.S.C. § 1332(c). I
have observed countless litigants struggle to properly allege the citizenship of a
domestic LLC. The citizenship of the LLC is determined by the citizenship of each
of its members and submembers until the Court is left with only individuals or
corporations. Rolling Greens MHP, L.P. v. Comcast SCH Holdings LLC, 374 F.3d 1020,
1022 (11th Cir. 2004). It is irrelevant, for purposes of citizenship, under which
state’s laws the domestic LLC was formed.
b. Certificate of Interested Persons
Each party must file a certificate of interested persons and corporate
disclosure statement (CIP) at the time of first appearance, using the current version
of the form provided in the Court’s Local Rules. See Local Rule 3.3(C). This is
important to ensure that no conflict of interest exists and for me to assess (where
necessary) whether the parties are of diverse citizenship. Please file your CIP
7
timely. Failure to do so may result in sanctions, up to and including dismissal or
default.
c. Responses to Pleadings
If you are filing an answer to a complaint, counterclaim, crossclaim, or third-
party complaint, you must copy into your answer the paragraph of the pleading
to which you are responding and provide the answer to that paragraph
immediately following.
A responsive pleading must admit or deny each of the averments of the
adverse party’s pleading. For example, if the complaint alleges, “A copy of the
parties’ contract is attached as Exhibit A,” the defendant may not plead,
“Defendant admits that Exhibit A is attached to the complaint,” or “the document
speaks for itself.” Evasive denials such as these will be disregarded, and the
averments to which they are directed will be deemed admitted.
d. Motions and Briefs
You need not file a motion and supporting brief as separate documents on
the docket. Rather, you should consolidate your motion and brief into one
document, and file it on the docket as a motion.
8
e. Amended Complaints and Motions to Dismiss or Motions for
Judgment on the Pleadings
If, in response to a motion to dismiss or motion for judgment on the
pleadings, a plaintiff properly files an amended complaint, the pending motion
will be denied as moot. The defendant-movant must answer the amended
complaint or file a renewed motion to dismiss (or similar motion under Fed. R.
Civ. P. 12) within 14 days of the court’s order. The plaintiff may not file a second
amended complaint without leave of court or the consent of all opposing parties.
If a plaintiff fails to timely respond to a motion to dismiss or motion for
judgment on the pleadings, in whole or in part, the claim(s) that are the subject
of that motion will be deemed abandoned and dismissed.
During the pendency of a motion to dismiss (or similar Rule 12 motion) by
any party, in whole or in part, all litigation activity is automatically stayed until I
rule on the motion or otherwise direct, unless all parties agree in writing
otherwise. This stay includes the Local Rule 16.1 conference, the Joint Preliminary
Report and Discovery Plan, initial disclosures, and discovery. This stay does not
apply to the parties soberly reevaluating the strength of their respective cases and
seeking a resolution among themselves or with the assistance of a neutral. If you
would like me to refer your case to a United States Magistrate Judge for mediation
at any stage of the case, please see Section II.n. of this Standing Order.
9
If you believe good cause exists for any or all pretrial activity to continue or
deadlines to remain in effect notwithstanding the pendency of a motion to dismiss
(or similar Rule 12 motion), you may submit a request pursuant to the discovery
dispute procedures outlined in Section III.f. of this Standing Order.
f. Motions for Temporary Restraining Orders or Preliminary
Injunctive Relief
Any request for a temporary restraining order or for preliminary injunctive
relief must be made by separate motion. If you request such relief only in the
complaint or other pleading but fail to file a separate motion seeking the same, the
request will not be considered until the merits of the case are addressed.
After filing such a motion, you should contact Chambers by email to request
expedited consideration. If you do not reach out to us, we will presume that it is
not time-sensitive for you. If your motion, in whole or in part, has been filed under
seal, please attach the sealed filings to your email. If your motion seeks an ex parte
temporary restraining order, please include a proposed order in your filing. Your
email to Chambers should attach a Word version of all the proposed orders that
you have filed. Please see more about proposed orders in Section II.h. of this
Standing Order.
10
g. Electronic Filing of Exhibits and Attachments
You should make every effort to label all electronically uploaded exhibits
and attachments according to their content. For example, documents should be
uploaded as Ex. A: Smith Deposition; Ex. B: Employment Contract; Ex. C: Jones
Letter, etc., rather than simply Ex. A, Ex. B, and Ex. C. When practicable, you
should file documents in a text-searchable PDF format. Exhibits or attachments
that are not referenced and relied on in the body of your submission will not be
considered.
h. Proposed Orders
My practice is to enter many non-dispositive orders by docket entry only,
with no “paper” order attached. The text of these docket entry orders will
generally begin with: “ORDER (by docket entry only) . . . .” Please monitor the
electronic docket of your case carefully so as not to miss an important deadline or
instruction.
For this reason, you generally need not prepare and file a proposed order
unless we request one. One exception to this is motions seeking ex parte temporary
restraining orders (as referenced above). If a proposed order is submitted, please
do not include the word “Proposed” in the title or any other words that would
necessarily need to be deleted before entry. All orders submitted by counsel are
proposed until and unless we’ve entered them. In other words, please prepare the
11
proposed order exactly as you would want it entered, save for my signature on it.
Please style the signature line as follows:
________________________________
Steven D. Grimberg
United States District Judge
Please email Chambers a Word version of your proposed orders.
i. Extensions of Time
I am responsible for moving cases towards a prompt and just resolution. To
that end, I try to set reasonable but firm deadlines. Motions for extension of time,
even if joint or unopposed, may not be granted as a matter of course. You may not
stipulate to an extension of time that I have not approved, except those explicitly
allowed elsewhere in this Standing Order.
If you are seeking an extension of time for any non-discovery related
deadline, please file a motion and indicate in the title of the motion whether it is
opposed or unopposed. The title of the motion should also indicate how many
previous extensions of the same deadline have been sought and received, if any:
for example, “Third Unopposed Motion for Extension of the Answer Deadline.”
Failure to do so may result in denial of the motion for this reason alone. For further
information concerning discovery-related extensions, see Section III.g. of this
Standing Order.
12
If a motion for extension of time is filed less than two business days prior to
the deadline, you should follow the procedure for time-sensitive motions outlined
in Section I.a. of this Standing Order.
j. Enlargement of Page Limit
If you are seeking an enlargement of the page limit on a brief or objections
to a Report and Recommendation, you must file a motion requesting same at least
two business days in advance of the filing deadline explaining the circumstances
necessitating additional pages. Your motion should indicate whether the opposing
party consents to the request for additional pages, and if so, whether a
corresponding request for additional pages is being made for subsequent response
and/or reply briefs. Please follow the time-sensitive motion process in Section I.a.
of this Standing Order if your brief or objections are due in less than two business
days.
If you file a motion to enlarge the page limit simultaneously with the
enlarged brief or objections, or worse, never seek leave to do so at all, your brief
or objections may be stricken without notice.
k. Conferences
I try to make myself as available to counsel as practicable. You are
encouraged to request a conference with me at any time if you believe it will help
move the case along. To do so, please contact Chambers as outlined in Section I.a.
13
of this Standing Order. For discovery-related conferences, please reference Section
III.f.
l. Oral Argument
We review all dispositive motions with an eye towards whether oral
argument would be helpful in resolving the matter or clarifying the issues in
dispute. That said, you are welcome to request oral argument by filing a
standalone motion requesting same, ideally at the same time as the underlying
motion or response thereto.
In my experience, civil litigators do not get enough court appearances,
especially early in their careers, and I want to do my part to correct that gap. If you
represent in your motion for oral argument that an attorney with less than five
years of experience will conduct the oral argument (or a substantial part thereof),
I will most likely grant the motion for oral argument.
m. Courtroom Technology
My courtroom has various electronic equipment available to counsel for use
at trial or hearings, and oftentimes counsel do not take enough advantage of the
tools available to enhance their presentations. It is your responsibility to make sure
you know in advance of the hearing or trial how to use the equipment available,
to have the cables necessary to hook up your equipment, and to ensure that your
equipment will interface with the Court’s technology. Please contact CRD Brye if
14
you wish to set up an appointment to do so. As with all things technology-
oriented, however, please always be prepared to proceed without the benefit of
the courtroom technology if necessary.
If you do not have an Attorney Identification Card (i.e., a Blue Card) for our
courthouse, I encourage you to get one. More information can be found on our
court’s website, at: gand.uscourts.gov/attorney-identification-id-card.
Without a Blue Card, you must file a motion and proposed order if you
would like to bring any electronic equipment into the courthouse for a scheduled
hearing or trial, including cell phones, laptop computers, electronic tablets, cords,
or cables. The proposed order should identify the person(s) seeking to bring in the
electronic equipment, specify the type of equipment and date(s) of the hearing or
trial to which you desire to bring the equipment, and identify the courtroom (mine
is generally Courtroom 1701) to which the equipment will be brought. The motion
and accompanying order should be filed at least two business days prior to the
hearing or trial, and you should email a Word version of the proposed order to
CRD Brye.
n. Mediation
You are encouraged to mediate and to do so as early as practicable. The
earlier you do so, the more likely it is that I will agree to stay discovery and other
pretrial deadlines during the pendency of mediation.
15
Our court has a terrific program that allows me to refer parties to mediation
before a United States Magistrate Judge pursuant to Local Rule 16.7(B). There is
no cost for this mediation service, and our magistrate judges have an excellent
track record of resolving cases. Requests to mediate before a magistrate judge may
be made jointly or ex parte by emailing Chambers.
o. Settlements
If you reach a tentative settlement or agree to a settlement in principle but
have not yet completed all steps necessary to document the settlement, please
notify Chambers immediately. This helps us to potentially avoid expending
unnecessary time and resources on a case that is likely going away. You may do
so by filing a Notice of Settlement on the docket or by emailing Chambers. The
sooner the better. Please.
III. Discovery
a. General Principles of Discovery
In conducting discovery, your guiding principles should be three “C’s”:
courtesy, candor, and common sense. I cannot emphasize enough the importance
of stepping away from your keyboard and engaging with opposing counsel face-
to-face (in person or by videoconference) or at least by phone to resolve discovery
issues. I realize you are busy and firing off a passive-aggressive email may feel
good in the moment, but in the end you will likely regret it. I am amenable to
16
imposing sanctions on counsel who demonstrate a lack of professionalism of any
variety, including repeated non-responsiveness.
b. Rule 26(f) Conference and Joint Preliminary Report and Discovery
Plan
Notwithstanding Local Rule 16.1, parties by agreement may conduct their
Rule 26(f) Conference by videoconference rather than in person. Parties by
agreement may also extend the date by which the Rule 26(f) Conference is
completed. However, extensions for filing the Joint Preliminary Report and
Discovery Plan (Joint Report) must be requested by motion.
After the Joint Report is filed, I will generally enter a Scheduling Order by
docket entry. For this reason, it is unnecessary to submit a proposed order with
your Joint Report unless you are requesting specific intervening discovery
deadlines (such as deadlines for expert discovery, etc.). I will rarely authorize an
initial discovery period that is longer than six months (unless the case is initially
assigned to an eight-month track). If you would like a scheduling conference
(which generally will be held by Zoom), please request one in your Joint Report
and email Chambers. Neither the timing of a conference nor entry of the
Scheduling Order delays the start of discovery, so whether you hear from us or
not please get started because time is of the essence.
17
c. Initial Disclosures
Initial disclosures should be as complete as practicable based on the
information reasonably available at the time of disclosure. Responses may not be
reserved for later supplementation. Parties by agreement may extend the date by
which initial disclosures are exchanged.
d. Written Discovery Responses
The Federal Rules prohibit boilerplate and general objections in response to
written discovery requests, and I agree. Please do not carelessly invoke the usual
litany of rote objections, i.e., attorney-client privilege, work-product protection,
overly broad/unduly burdensome, irrelevant, or not reasonably calculated to lead
to the discovery of admissible evidence.
You should not include in response to a discovery request a “Preamble” or
a “General Objections” section stating that you object to a discovery request “to
the extent that” it violates some rule pertaining to discovery. Instead, you must
respond to each individual discovery request with every specific objection
thereto—but only those objections that actually apply to that particular request.
Otherwise, it is impossible for the party on which the discovery response is served
(or me) to know exactly what objections have been asserted to each request. For
this reason, if a discovery dispute with general objections comes to me for
18
resolution, I will disregard all objections that are not specifically tailored to the
discovery request at issue.
If you object in part and respond in part to a discovery request, you must
indicate whether the response is complete, i.e., whether additional information or
documents would have been provided but for the objection(s). For example, you
may not raise objections and then state, “Subject to these objections and without
waiving them, the response is as follows . . . .” unless you expressly indicate
whether additional information would have been included in the response but for
the objection(s).
If a privilege objection is made, the claim must be supported by a privilege
log or statement of particulars sufficient to enable the requesting party (and me)
to assess the validity of the claim. In the case of a document, the privilege log or
statement should specify the privilege relied on and, when available, generally
include: the date, title, subject, and purpose of the document; the name and
position of the author; and the names and positions of all the recipients. In the case
of an oral communication, the privilege log or statement should include the
privilege relied on and generally identify: the date, place, subject, and purpose of
the communication; and the names and positions of all individuals present.
You are expected to observe the limitations regarding the number and scope
of interrogatories as stated in Fed. R. Civ. P. 26(b) and 33, but the parties by
19
agreement may vary from those rules. Parties by agreement may also extend the
date by which written discovery responses are due.
e. Depositions
Barring extraordinary circumstances, all parties should be consulted, and
the convenience of counsel, witnesses, and the parties accommodated, before a
deposition is noticed.
If the parties enter into stipulations at the beginning of a deposition, the
terms of each stipulation should be fully stated on the record. General stipulations
such as “all objections except as to form are reserved” or “the usual stipulations”
are disfavored.
Objections to the manner of taking the deposition, to the evidence, or to the
conduct of a party shall be noted on the record, but the evidence objected to shall
be taken subject to the objection. In the absence of a good faith claim of privilege
or witness harassment, instructions not to answer are rarely justified and may lead
to sanctions. Speaking objections and other tactics for coaching a witness during
the deposition are not permissible. Please try to resolve deposition objections
without my involvement; I will rarely be available to address issues in the midst
of a deposition, so your best bet is to make a record and raise the issue afterwards
by utilizing the discovery dispute procedure set forth in Section III.f. of this
Standing Order.
20
f. Discovery Disputes
You must confer with the opposing party in good faith before bringing
discovery disputes to my attention. The duty to confer is not satisfied by simply
sending a written document (e.g., email or letter) to the opposing party, unless
repeated attempts to confer by telephone, videoconference, or in person are
unsuccessful. As noted previously, repeated instances of non-responsiveness are
a valid ground to seek sanctions.
The filing of discovery-related motions against a party to the litigation
(except for unopposed, consent, or joint motions) is prohibited. This prohibition
includes motions for discovery-related sanctions. Instead, please email Chambers
a statement outlining your position and request a conference with the Court. All
parties must be copied on such emails. Unless the issues are complex or numerous,
the statement should not exceed 3 pages, as its purpose is simply to apprise me of
the issue(s). It is not intended as a substitute for full briefing. You may attach to
your email particularly pertinent exhibits if you wish (such as an excerpt of the
discovery requests and the responses or objections in dispute), but please do not
inundate us with voluminous exhibits. Again, the purpose of the written statement
is simply to flag the issues and determine whether a conference or formal briefing
is necessary. The opposing party may email a responding statement, subject to the
21
same limitations, no later than 24 hours before a scheduled conference on the
matter or as I otherwise direct.
Please note that the statements you submit, and the exhibits you attach, will
generally not be placed on the docket. If you wish to preserve these items as part
of the record, you may enter them on the docket with the lead document titled
“Notice of Filing,” describing the items you have attached. To the extent you wish
some or all of these filings to be sealed, please reference Section III.h. of this
Standing Order.
Following receipt of a discovery-dispute statement, we will either provide
further instructions via email or docket entry, or we will schedule a conference
(generally by Zoom). During the conference, I will try to resolve or rule on the
dispute without the necessity of formal briefing, if practicable. The conference will
be transcribed by a court reporter like any other hearing.
If a dispute between a party and a non-party arises (e.g., a disagreement
regarding a third-party subpoena), the party must promptly inform the non-party
of this discovery-dispute policy. In raising the discovery dispute with the Court,
both the party and the non-party must follow the same procedure detailed above.
If a non-party fails to provide any response at all to a properly served subpoena,
the party issuing the subpoena must file a formal motion seeking relief and alert
Chambers to the filing via email so that the motion can receive prompt attention.
22
g. Discovery Period Extensions
Please formulate your discovery plans early to facilitate the completion of
necessary discovery before the close of the discovery period. That said, if all parties
agree that an extension or reopening of the discovery period is necessary, please
file a consent motion. The consent motion should state: (1) the original (and, if
applicable, current) date from which the extension or reopening is being sought;
(2) the number of previous requests for extensions or reopenings that have been
made, if any; and (3) why the extension or reopening is needed to complete
identifiable tasks. Failure to do so may result in denial of the extension request for
these reasons alone.
The parties may agree in writing and without the necessity of seeking Court
approval to complete certain discrete discovery items out of time, such as
conducting a particular deposition or responding to certain outstanding written
discovery requests, if it will not otherwise disrupt pending Court deadlines (such
as the dispositive motion or proposed pretrial order deadline).
Where requests to extend or reopen the discovery period are not made by
consent, or are otherwise opposed, the requesting party should provide the same
information outlined above but make the request using the discovery dispute
procedure outlined in Section III.f. of this Standing Order.
23
Absent extraordinary circumstances, requests or motions for extension of
discovery must be filed prior to the expiration of the existing discovery period.
Failure to do so may result in denial of the request for that reason alone.
h. Protective Orders and Motions to Seal
The parties may jointly seek by motion the entry of a protective order
concerning discovery materials, or they may file an agreed-upon stipulation on
the docket. However, subsequent opinions and orders entered in the case may
publicly disclose material that has previously been designated by a party or the
parties as confidential or filed under seal if I determine that such designation or
sealing is not warranted under the circumstances. Additionally, if any party
wishes to challenge a confidentiality designation, the party must follow the
Court’s discovery dispute procedure set forth in Section III.f. of this Standing
Order, notwithstanding any contrary procedure agreed-upon by the parties, even
if that procedure is memorialized in a protective order that has been entered on
the docket.
Absent extraordinary circumstances making prior consultation impractical
or inappropriate, the party seeking to file documents containing confidential
information should first consult with the party who designated the document as
confidential to determine if some less restrictive measure than filing the document
24
under seal may provide adequate protection. Any motion to file under seal should
indicate whether it is by consent, unopposed, or opposed.
In the absence of a protective order entered by the Court, to request to file
material under seal, counsel should follow the procedures described in the Local
Rules and consult the Court’s Procedures for Electronic Filing Under Seal in Civil
Cases, which can be found at: www.gand.uscourts.gov/cv-sealed-procedures.
These procedures require filing an unredacted version of the document as
provisionally under seal and publicly filing a redacted version of the document, in
addition to the motion to file under seal. Counsel are encouraged to email the
unredacted version of all sealed filings to Chambers simultaneously with their
filing.
When filing the unredacted, provisionally sealed document, counsel should
use the CM/ECF event code “Notice of Filing.” The Notice of Filing should be the
lead document, and the brief and all supporting documents should be included as
exhibits to the notice. For example, if the party is requesting that Exhibit A to a
Motion for Summary Judgment and a portion of the memorandum of law in
support of the motion be filed under seal, the Notice of Filing Sealed Document
should attach as exhibits: the motion for summary judgment, the unredacted
supporting memorandum of law, Exhibit A, and all other exhibits to the motion.
If you are filing documents under seal pursuant to a protective order that has been
25
entered by the Court, no motion to file under seal is necessary. The Notice of Filing
should indicate the applicable provision of the protective order under which the
documents are being sealed. You also need not file a motion to file under seal
information that is required to be redacted by NDGa Standing Order Nos. 04-02
and 08-02, including Social Security numbers, names of minor children, dates of
birth, street addresses, and financial account numbers.
These instructions do not apply to parties appearing pro se. For pro se
litigants, motions to seal must be filed with the Clerk of Court in person or by mail.
In such instances, the material subject to the request to seal should be attached as
an exhibit to the motion. The Clerk will enter the motion on the docket under a
provisional seal, without public viewing access.
The party filing the motion to file under seal should clearly indicate the type
of material the party is seeking to seal and the justification for protecting that
material from disclosure. Please note that sealing motions will not be granted as a
matter of course, and I will only do so on a showing of good cause. Given the
public’s interest in disclosure, good cause will generally only be established where
the materials contain trade secrets, personal identifying information, or sensitive
commercial information.
26
i. Expert Witness Disclosure and Discovery
Absent explicit deadlines provided in the scheduling order, expert
witnesses must be disclosed at least 60 days prior to the close of the discovery
period, and rebuttal experts must be disclosed within 30 days of the initial expert
disclosure. There is no separate “expert discovery period” that follows fact
discovery unless explicitly provided in the scheduling order.
IV. Summary Judgment
a. Successive Motions for Summary Judgment Prohibited
The filing of piecemeal or successive motions for summary judgment by a
single party is prohibited, absent prior permission. This prohibition does not
preclude a party from filing both a motion for summary judgment asserting an
immunity from suit and a later motion for summary judgment addressing any
issues that may remain in the case. This prohibition also is not triggered when, as
permitted by Fed. R. Civ. P. 12(d), the Court elects to treat a motion filed pursuant
to Fed. R. Civ. P. 12(b) or 12(c) as a summary judgment motion.
b. Record Citations
Record citations should be made only in the statement of undisputed
(or disputed) material facts or responses thereto (hereinafter collectively referred
to as “SMFs”). Summary judgment briefs should cite only to the relevant
numbered paragraph(s) of the SMFs, not the underlying record.
27
c. Statements of Undisputed or Disputed Material Facts
Opening SMFs are each limited to 25 pages absent prior permission of the
Court. A party responding to SMFs should copy the statement to which it is
responding and provide its response to that statement immediately following.
Failure to do so will render the statement as admitted.
d. Failure to Respond to Motions for Summary Judgment
I require a written response to all motions for summary judgment. If you do
not wish to contest it, then say so, but a written response is required. If you fail to
respond, you will be subject to sanctions for failure to follow a court order,
including but not limited to possible dismissal of the claim(s) or defense(s) that are
the subject of that motion.
e. Daubert Motions
Absent an explicit deadline in the scheduling order, parties should file any
Daubert or other expert witness-related motion no later than the dispositive motion
deadline. The parties should state explicitly in their respective briefings whether
they believe an evidentiary hearing is required to resolve any issues related to
expert witnesses.
28
V. Trial
a. Consolidated Proposed Pretrial Order
A consolidated proposed pretrial order must be filed by the parties within
30 days after the close of discovery or a ruling on all remaining dispositive
motions, whichever is later. In listing witnesses and exhibits in the proposed
pretrial order, a party may not reserve the right to supplement the list and may
not adopt another party’s list by reference. Witnesses and exhibits not identified
in the proposed pretrial order may not be used during trial, (1) unless the witness
or exhibit is solely for impeachment or rebuttal and could not have been
anticipated in advance, or (2) to prevent a manifest injustice.
By written agreement of all parties, you may file a streamlined proposed
pretrial order that does not include, or varies from, the items set forth in Local Rule
16.4(B) (except for the witness and exhibits lists referenced above). In making this
determination, you should consider the deadlines that will be set forth in my
subsequent Trial Order (see Section V.b. of this Standing Order).
Counsel must file any Notice of Leave of Absence requests on the docket no
later than the filing of the consolidated proposed pretrial order. Counsel may
include on this Notice any dates that conflict not only for themselves, but also for
their clients or designated client representatives, as well as key witnesses. The trial
and pretrial conference will be scheduled thereafter without further notice. Best
29
efforts will be made to avoid conflicting dates, but given competing scheduling
demands this cannot be guaranteed. For this reason, you are encouraged to only
include dates in your Notice that are truly in need of protection.
b. Trial Order
Following the parties’ filing of their consolidated proposed pretrial order, I
will enter a Trial Order. The Trial Order will schedule a final pretrial conference
and trial date. It will also set deadlines and provide instructions for motions in
limine briefing, proposed voir dire, proposed jury charges, and the submission of
final exhibit lists and witness lists to Chambers. Read this Trial Order carefully
after it is entered in your case and internally calendar for yourself the deadlines,
because you will be bound to them. I will address any questions you have about
trial procedure during the Pretrial Conference.
If you want to get a jump start, a template Trial Order is available on the
Court’s website at https://www.gand.uscourts.gov/DJdir/SDG. The Trial Order
entered on the docket of your case at the appropriate time will control over the
Trial Order on the Court’s website, to the extent they conflict.
c. Artificial Intelligence
Many courts and individual judges around the country have entered
specific rules or procedures concerning the use of artificial intelligence tools. My
rule is simple: You can use whatever AI tools you like, but only human beings will
30
be held responsible for the outcome. So, if a pleading or paper that is filed in a case
contains factual or legal errors, the party and lawyers who filed it will be held
responsible. This includes each and every lawyer listed on the signature block of
the filing. Govern yourself accordingly, as they say.
d. Feedback
I am asked from time to time by counsel who have appeared in my
courtroom for a hearing or trial to provide feedback on how they did. My answer
is always yes. But if the case is still pending, or if there is an actual or potential
appeal pending, my feedback will necessarily be limited to the non-case related
performative aspects of the presentation rather than the underlying merits. If you
would like to schedule such a meeting, either in person or by Zoom, please email
Chambers.
By the same token, I do not receive enough (honest) feedback in this job. If
you have any constructive feedback to provide, whether it’s about this Standing
Order or an experience you have during the course of your case, I welcome you
emailing it to Chambers. Please refrain from doing so until your case (and any
other case you may have before me) is fully and finally resolved, including
potential appeals.
31
I look forward to working with you to achieve an efficient and just
resolution of this case.
SO ORDERED this 10th day of February, 2026.
Steven D. Grimberg
United States District Judge
32
APPENDIX A:
SPECIAL INSTRUCTIONS FOR PRO SE LITIGANTS
Parties proceeding pro se (without an attorney) must comply with the
Federal Rules of Civil Procedure (“Fed. R. Civ. P.”) as well as the Court’s Local
Rules (“NDGa LR”). Pro se parties may obtain certain basic materials and hand-
outs from the Office of the Clerk of Court located on the 22nd Floor of the Richard
B. Russell Federal Building, 75 Ted Turner Drive, S.W., Atlanta, Georgia 30303.
Many documents are also available on the Court’s website at
www.gand.uscourts.gov.
Litigants are generally prohibited from engaging in ex parte communications
with the Court. “Ex parte communications” means any form of contact with the
Court outside the presence of the opposing party or opposing party’s counsel. If a
litigant seeks court action, the appropriate procedure is to put the request in
writing, in the form of a motion, file the motion with the Clerk’s office, and serve
the opposing party or party’s counsel.
A pro se litigant is required to (1) provide the Clerk with an original of any
further pleadings or other papers filed after the Complaint, and (2) serve on the
opposing party or party’s counsel, by mail or hand delivery, a copy of every
additional pleading or other paper described in Fed. R. Civ. P. 5. Once counsel for
the opposing party has appeared in the case, the opposing party should not be
served individually; service should be made directly on the opposing party’s
33
counsel. The Clerk of Court and the U.S. Marshals Service will not serve
documents filed by either party, unless expressly directed to do so by the Court.
Each pleading or paper described in Fed. R. Civ. P. 5 shall include a
certificate stating the date on which an accurate copy of that document was served.
This Court may disregard any papers that have not been properly filed with the
Clerk, or that do not include a certificate of service. Pro se litigants are also advised
that, under NDGa LR 7.1, if the deadline for a response to a motion passes without
a response being filed, the motion is deemed unopposed. Further, under NDGa
LR 56.1(B)(2)(a)(2), if a respondent to a motion for summary judgment contests
facts included in the movant’s statement of material facts, the respondent must
file, along with the response brief, a response to the movant’s statement of material
facts, otherwise the Court will deem the movant’s facts as admissions.
Pro se litigants are further REQUIRED to keep the Court advised of their
current address at all times during the pendency of the lawsuit. NDGa LR
83.1(D)(3) provides that parties appearing pro se have a duty to notify the Clerk’s
Office by letter of any change in address or telephone number. A pro se litigant’s
failure to do so where such failure “causes delay or adversely affects the
management of a case” may be subject to sanction by the Court. Pro se litigants are
encouraged to provide the opposing party/counsel with an email address for
purposes of communicating regarding the case and serving copies of court filings
34
and discovery. Pro se litigants are advised, however, that the Court serves papers
via regular mail only and not via email.
35
