THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
GUIDELINES TO PARTIES AND COUNSEL IN CIVIL CASES PROCEEDING
BEFORE THE HONORABLE TIFFANY R. JOHNSON
This case has been assigned to Judge Tiffany R. Johnson. These guidelines
inform the parties and their counsel of the Court’s policies, procedures, and
practice, and are designed to promote the just, speedy, and economical disposition
of cases. This Order, in combination with the Local Rules of this Court and the
Federal Rules of Civil Procedure, shall govern this case. Within seven (7) days of
entry of this Order in your case, you are required to sign and file a Certificate of
Compliance in a format consistent with the attached Certificate of Compliance.
______________________________
TIFFANY R. JOHNSON
United States District Judge
1
TABLE OF CONTENTS
1. GENERAL MATTERS ................................................................................................................ 4
2. CASE ADMINISTRATION ........................................................................................................... 4
A. Contacting Chambers .................................................................................................... 4
B. Transcripts .................................................................................................................... 5
C. Courtesy Copies of Documents ..................................................................................... 5
D. Attorneys ....................................................................................................................... 5
i. Admission of Counsel Pro Hac Vice ................................................................... 5
ii. Leaves of Absence .............................................................................................. 6
iii. Withdrawal or Substitution of Counsel ........................................................... 6
iv. Corporate Representation ................................................................................ 6
v. Proposed Orders ................................................................................................. 7
E. Pro Se Parties................................................................................................................ 7
3. PRETRIAL CASE MANAGEMENT ............................................................................................. 9
A. Disclosure of Use of Artificial Intelligence (AI) ............................................................ 9
B. Motions for Temporary Restraining Orders or Preliminary Injunctive Relief...........10
C. Extensions of Time.......................................................................................................10
D. Page Limits for Objections to Magistrate Judge Reports and Recommendations .....10
E. Page Limit Extensions .................................................................................................10
F. Legal Citations .............................................................................................................11
G. Conferences ..................................................................................................................11
H. Joint Preliminary Report and Discovery Plan ............................................................11
I. Discovery ......................................................................................................................12
i. General Principles of Discovery ........................................................................12
ii. Discovery Responses: Boilerplate and General Objections .............................13
iii. Interrogatories .................................................................................................14
iv. Requests for Production or Inspection ............................................................15
v. Requests for Admission ....................................................................................16
vi. Depositions.......................................................................................................16
vii. Discovery Disputes .........................................................................................17
viii. Confidentiality Agreements, Protective Orders, and Motions to Seal .........18
J. Motions Practice...........................................................................................................20
i. Electronic Filing of Exhibits and Attachments.................................................20
ii. Brief Nomenclature ..........................................................................................20
2
iii. Amended Complaints and Motions to Dismiss ...............................................20
iv. Motions for Summary Judgment.....................................................................21
v. Form of Statement of Material Facts & Responses .........................................21
vi. Requests for Oral Argument on Motions ........................................................22
4. TRIALS ...............................................................................................................................22
A. Pretrial Conference ......................................................................................................22
B. Proposed Findings of Fact and Conclusions of Law ....................................................23
C. Jury Trial .....................................................................................................................23
D. Voir Dire .......................................................................................................................23
E. Courtroom Communications ........................................................................................24
F. Exhibits ........................................................................................................................25
G. Jury Charges ................................................................................................................25
H. Courtroom Technology .................................................................................................26
CERTIFICATE OF COMPLIANCE .........................................................................................27
3
1. GENERAL MATTERS
Attorneys and pro se parties appearing before this Court in civil litigation must
observe three (3) sets of rules:
A. The Federal Rules of Civil Procedure. These rules are available at
https://www.uscourts.gov/forms-rules/current-rules-practice-
procedure/federal-rules-civil-procedure.
B. The Local Rules of this Court and Instructions Regarding Pretrial
Proceedings (NDGA Local Rules). The Local Rules are available at
https://www.gand.uscourts.gov/court-info/local-rules-and-orders/local-rules.
Various forms and the Court’s pretrial instruction package are available at
https://www.gand.uscourts.gov/commonly-used-forms.
C. The rules and practices of the district judge, and magistrate judge if
appropriate, assigned to your case.
2. CASE ADMINISTRATION
A. Contacting Chambers
Britney Rodgers, Judge Johnson’s Courtroom Deputy, is your principal point of
contact on matters related to your case. Communications with the Courtroom Deputy
should be via email (
[email protected]) or in writing, addressed as
follows:
Chambers of Judge Tiffany R. Johnson
ATTN: Britney Rodgers, Courtroom Deputy Clerk
1767 United States Courthouse
75 Ted Turner Drive, SW
Atlanta, GA 30303-3309
Neither the parties nor their counsel should discuss the merits of the case
with Ms. Rodgers or any of the Court’s law clerks.
4
B. Transcripts
Communications regarding transcripts should be directed to the Official Court
Reporter who transcribed the hearing. If any party desires a daily copy or rough draft
copy of a proceeding, that party must contact chambers at least two (2) weeks before
the proceeding.
C. Courtesy Copies of Documents
Parties frequently forward copies of motions or other filings directly to
chambers for the Court’s convenience. Courtesy copies are required for emergency
motions filed pursuant to the Local Rules, specifically Local Rule 7.2B, motions for
temporary restraining orders and/or preliminary injunctions, motions for summary
judgment, and motions with voluminous exhibits.
Courtesy paper copies should be hand-delivered to chambers in Room 1767 on
the 17th floor of the Richard B. Russell Federal Building located at 75 Ted Turner
Drive, SW, Atlanta, Georgia 30303.
All courtesy copies of motions and exhibits should be printed double-sided
directly from the docket on the Court’s Case Management/Electronic Case Filing
(“CM/ECF”) system, with the docket header across the top of the document so that
the case number, docket number, and page numbers appear on each page. Courtesy
copies should be assembled in a tabbed, indexed, three-ring binder with the case
caption on the cover.
D. Attorneys
i. Admission of Counsel Pro Hac Vice
If lead counsel has been admitted pro hac vice, local counsel is required to be
familiar with the case and may be called upon to attend hearings or participate in
conferences on behalf of the lead counsel.
5
All counsel — including counsel admitted pro hac vice — must register and
participate in the Court’s CM/ECF filing system. Pro se parties are not part of the
Court’s electronic filing system and should be served directly.
ii. Leaves of Absence
All requests for a leave of absence or notices of a leave of absence must be
electronically filed. Counsel should not mail or hand-deliver paper copies to
chambers. Counsel are encouraged to review their calendars and submit as early as
possible any leave of absence requests or notices. Leave of absence requests or notices
shall comply with Local Rule 83.1.
iii. Withdrawal or Substitution of Counsel
It is counsel’s responsibility to keep the Court informed of any change of his or
her status. Withdrawal is not automatic and requires Court approval. Counsel should
comply with Local Rule 83.1, when substituting or withdrawing as counsel. Counsel
who fail to comply with this Local Rule will not be allowed to withdraw from the case
until compliance is achieved. Additionally, depending on the status of the case and
the reasons for withdrawal, counsel may not be permitted to withdraw.
iv. Corporate Representation
Corporate entities must be represented in court by an attorney. A corporate
officer may not represent the corporation unless that officer is also licensed to practice
law in the state of Georgia. Local Rule 83.1, states:
[A corporation or organization] may only be represented by
an attorney, who must sign all pleadings and papers
submitted to the Court; a corporate officer may not
represent the client unless that officer is admitted to the
bar of this Court as a regular member or has been admitted
pro hac vice in the case; and failure to comply with this rule
could result in a default judgment against the client[.]
Failure to comply with this rule can result in dismissal of a corporation’s complaint
or a default judgment against the corporation.
6
v. Proposed Orders
For all consent, unopposed, or joint motions, the filing party shall include a
proposed order granting the motion.
E. Pro Se Parties
Parties proceeding pro se (without an attorney) are ADVISED that they must
comply with the Federal Rules of Civil Procedure (“FED. R. CIV. P.”), as well as the
Local Rules of this Court. 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 United
States Courthouse, 75 Ted Turner Drive, SW, Atlanta, Georgia. Many documents are
also available on the Court’s website at www.gand.uscourts.gov. Pro se parties may
also utilize the Eleventh Circuit’s law library located in the Elbert P. Tuttle U.S.
Court of Appeals Building at 56 Forsyth Street, N.W., Atlanta, Georgia 30303.
Counsel and pro se parties are prohibited from engaging in ex parte
communications with the Court or the Court’s staff. “Ex parte communications” are
any form of contact with the Court outside the presence of the opposing party or
opposing party’s counsel. This includes, but is not limited to, telephone calls, written
correspondence, or in-person contact, by one party or party’s counsel. If counsel or a
pro se party 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. See FED. R. CIV. P. 5; Local Rules 5.1 and 5.2.; see
also Local Rules 7.4. (“Communications to judges seeking a ruling or order, including
an extension of time, shall be by motion and not by letter. A letter seeking such action
ordinarily will not be treated as a motion. Counsel [and pro se parties] shall not
provide the Court with copies of correspondence among themselves relating to
matters in dispute.”).
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. The Court will
only direct the Clerk or the U.S. Marshals Service to serve documents in the following
7
instances: (1) in the event a plaintiff is granted leave to proceed in forma pauperis
(without prepayment of fees), the Court will direct the Clerk to prepare (and deliver to
the U.S. Marshals Service, if necessary) a service package containing the case
initiating document(s) or (2) in exceptional circumstances under the Court’s
discretion. The National Association of Professional Process Servers provides a
search engine for locating process servers across the nation at its website
(www.napps.org).
A pro se plaintiff is REQUIRED to provide the Clerk with an original of any
further pleadings or other papers filed with the Court after the complaint. Under
FED. R. CIV. P. 5, a pro se plaintiff who is not participating in the Court’s CM/ECF
filing system is further REQUIRED to SERVE upon the defendant(s) or counsel for
the defendant(s), by mail or by hand delivery a copy of every additional pleading or
other paper, unless the parties agree to an alternative method of service.
Each pleading or paper described in FED. R. CIV. P. 5, including pleadings,
papers related to discovery required to be served, motions, notices and similar papers,
shall include a certificate stating the date on which an accurate copy of that pleading
or document was mailed or hand-delivered to the defendant(s) or counsel for the
defendant(s). This Court will disregard any papers submitted which have not been
properly filed with the Clerk, or which do not include a certificate of service. Pro se
parties are also ADVISED that, under Local Rule 7, “PLEADINGS ALLOWED;
FORM OF MOTIONS,” if the deadline for a response to a motion passes without a
response being filed, the motion is treated as unopposed. Under Local Rule 56.1,
failing to file a response to a motion for summary judgment or contest the movant’s
statement of material facts will be taken as an admission of those facts.
Pro se parties are further REQUIRED to keep the Court advised of their
current address at all times during the pendency of the lawsuit. Local Rule 83.1D(3)
provides that counsel and pro se parties have, in all cases, a duty to notify the Clerk’s
Office by letter of any change in address and/or telephone number. Per this rule, “[i]f
8
a failure to provide notice of any such change causes delay or adversely affects the
management of a case, the Court may impose an appropriate sanction.” Pro se parties
are encouraged to provide the opposing party or counsel for the opposing party with
an email address for purposes of communicating regarding the case and serving
copies of pleadings filed and served via regular mail. If a pro se party provides an
email address, the opposing party or counsel for the opposing party shall serve copies
of all pleadings via email and regular mail. Pro se parties are ADVISED, however,
that the Court serves documents via paper only and not via email.
3. PRETRIAL CASE MANAGEMENT
A. Disclosure of Use of Artificial Intelligence (AI)
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 AI was used in
any way to prepare a filing or submission to the Court or chambers, counsel and/or
pro se parties are REQUIRED to sign and file a Disclosure of 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 reliance on an AI tool, I have
independently reviewed this document to confirm accuracy, legitimacy, and use of
good and applicable law, pursuant to Rule 11 of the Federal Rules of Civil Procedure.”
Counsel and pro se parties are cautioned that mistake, lack of technical
expertise, and time constraints are typically not recognized by the Court as a good
faith excuse for submission of documents that either violate Rule 11 or this disclosure
rule. In particular, arguments in briefs to the Court which are supported by AI-
generated caselaw (i.e., 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 and/or default judgment.
9
B. Motions for Temporary Restraining Orders or Preliminary Injunctive Relief
The Court will not entertain granting a temporary restraining order or
preliminary injunctive relief absent a properly supported motion with attached
evidence pursuant to FED. R. CIV. P. 65. See Local Rule 7.1A(1). If a party requests
such relief only in their complaint or other pleadings, but fails to file a separate
motion seeking the same, that request will not be considered until the merits of the
case are addressed.
C. Extensions of Time
The Court, along with counsel for the parties, is responsible for processing
cases toward prompt and just resolutions. To that end, the Court seeks to set
reasonable but firm deadlines. Motions for extensions of time, whether joint,
unopposed, or designated as consent, will not be granted as a matter of course. A
party seeking an extension must file a motion before the expiration of the deadline
and should explain with specificity the unanticipated or unforeseen circumstances
necessitating the extension. The party should also set forth a timetable for the
completion of the tasks for which the extension is sought. The parties may not
stipulate to an extension of time – they must file a motion.
D. Page Limits for Objections to Magistrate Judge Reports and
Recommendations
Objections and Responses to Objections shall be limited to fifteen (15) pages,
absent prior approval from the Court.
E. Page Limit Extensions
Parties seeking an extension of the page limit must do so at least five (5) days
in advance of their filing deadline and should explain with specificity the reasons
necessitating the extension. The parties may not stipulate to additional pages – they
must file a motion. If a party files a motion to extend the page limit at the same time
the party’s brief is due, the extension request will be denied absent a compelling and
unanticipated reason for violating this rule. The Court will also not consider any
10
arguments made in pages which exceed the Local Rules’ requirements.
F. Legal Citations
Legal citations should be in Bluebook format (i.e., citations should appear in
the text of a brief immediately following the propositions they support, and not in
footnotes or endnotes). The Court may reject a party’s filing if the filing does not
contain proper Bluebook formatting.
G. Conferences
Scheduling, discovery, pretrial, and settlement conferences promote the
speedy, just, and efficient resolution of cases. Therefore, the Court encourages the
parties to request a conference with the Court when the parties believe that a
conference will be helpful, and the parties should have specific goals and an agenda
for the conference. Conferences may be requested by contacting the Courtroom
Deputy.
H. Joint Preliminary Report and Discovery Plan
If a defendant files a dispositive motion, including a motion seeking partial
disposition of the case, the parties’ discovery obligations and obligations under Local
Rule 16 are stayed until fourteen (14) days after an order on the motion is entered by
the Court.
Local Rule 16.1 provides that, prior to filing the Joint Preliminary Report and
Discovery Plan, lead counsel for all parties are required to confer in an effort to settle
the case, discuss discovery, limit issues, and discuss other matters addressed in the
Joint Preliminary Report and Discovery Plan. See Local Rule 16.1. The Court
encourages the parties to conduct this conference in-person.
With respect to deadlines addressed in the Joint Preliminary Report and
Discovery Plan, the Court requires specific due dates to be provided. For example, the
parties should set forth in the proposed Scheduling Order submitted with the Report
the dates for the end of discovery based on the track set forth by the Court for the
11
category of case involved, for the filing of dispositive motions, and for the filing of the
Consolidated Pretrial Order.
In certain cases, the Court may schedule a Rule 16 conference. Whether a
conference will be scheduled generally will be determined after the Court reviews the
Joint Preliminary Report and Discovery Plan filed by the parties. The Court will
typically schedule a conference if any party so requests.
I. Discovery
Initial disclosures should be as complete as possible based upon information
reasonably available. Responses may not be reserved for later supplementation.
i. General Principles of Discovery
Counsel and pro se parties should be guided by courtesy, candor, and common
sense, and should conform to the Federal Rules of Civil Procedure, the Local Rules of
this Court, and applicable orders in conducting discovery. In particular, counsel and
pro se parties should have in mind the restrictions on the scope of discovery stated in
FED. R. CIV. P. 26(b) and the good faith obligations implicit in Rule 26(g). Direct and
informal communications between the parties is encouraged to facilitate discovery
and resolve disputes.
All discovery must be served early enough so that the responses thereto are due
on or before the last day of the discovery period. Requests for extension of the discovery
period or deadlines within the discovery period must be made in accordance with
Local Rule 26.2B. All requests for extensions of the discovery period must be made
by motion and must state: (1) the original (and, if applicable, current) date from which
the extension is being sought; (2) the number of previous requests for extensions, if
any; (3) whether these previous requests were granted or denied; (4) whether the
opposing party consents and, if not, the reasons given by the opposing party for
refusing to consent; (5) what discovery has been taken as of the date of the motion;
and (6) the reason additional time is needed. An agreed-upon or consent motion to
12
extend the discovery period or deadlines therein should be clearly designated as
a consent motion. Motions for an extension of the discovery period must be filed prior
to the expiration of the existing discovery period. The Court will not enforce the
private agreements between the parties and/or their counsel to conduct discovery
beyond conclusion of the discovery period. The Court also will not allow evidence at
trial which was requested and not revealed during the discovery period. Counsel
should be aware that the Court is not hesitant to sanction a party and/or counsel for
abusing the discovery process.
ii. Discovery Responses: Boilerplate and General Objections
FED. R. CIV. P. 33(b)(4) and 34(b)(2)(B) prohibit boilerplate and general
objections in response to discovery requests. Parties should not carelessly invoke the
usual litany of rote objections, i.e., attorney-client privilege, work-product doctrine,
overly broad/unduly burdensome, irrelevant, not reasonably calculated to lead to the
discovery of admissible evidence.
A party shall not include in his response to a discovery request a “Preamble”
or a “General Objections” section stating that the party objects to the discovery
request “to the extent that” it violates some rule pertaining to discovery, e.g., the
attorney-client privilege, the work-product doctrine, the requirement that discovery
requests be reasonably calculated to lead to the discovery of admissible evidence, and
the prohibition against discovery requests that are vague, ambiguous, overly broad,
or unduly burdensome. Instead, each individual discovery request must be met with
every specific objection thereto—but only those objections that actually apply to that
particular request. Otherwise, it is impossible for the Court or the party upon whom
the discovery response is served to know exactly what objections have been asserted
to each individual request. All such general objections shall be disregarded by the
Court.
Finally, a party who objects to a discovery request but then responds to the
request must indicate whether the response is complete, i.e., whether additional
13
information or documents would have been provided but for the objection(s). FED. R.
CIV. P. 34(b)(2)(C). For example, in response to an interrogatory, a party is not
permitted to raise objections and then state, “Subject to these objections and without
waiving them, the response is as follows . . .” unless the party expressly indicates
whether additional information would have been included in the response but for the
objection(s).
iii. Interrogatories
The parties are expected to observe the limitations regarding the number and
scope of interrogatories as stated in FED. R. CIV. P. 26(b) and 33. Counsel’s or a pro se
party’s signature on the interrogatories constitutes a certification of compliance with
those limitations. Interrogatories should be brief, straightforward, neutral,
particularized, and capable of being understood by jurors when read in conjunction
with the answer. Ordinarily, they should be limited to requesting objective facts, such
as the identification of persons or documents, dates, places, transactions, and
amounts. Argumentative interrogatories, attempts to cross-examine, and multiple
repetitive interrogatories are objectionable.
The parties are directed to consult FED. R. CIV. P. 26(b) and 33(b)–(d) about the
permissible scope of discovery and objections. Counsel’s or a pro se party’s signature
on the answer constitutes a certification of compliance with the requirements of Rule
26(g). Rule 33(b)(3) requires the responding party to provide separate written
answers to each interrogatory unless it is objected to. If an objection is made, the
reason(s) for the objection shall be stated and the interrogatory shall be answered to
the extent it is not objectionable. When in doubt about the meaning of an
interrogatory, the responding party is to give the interrogatory a reasonable
interpretation (which may be specified in the response) and answer it so as to provide,
rather than deny, information.
Generally, the responding party is required to produce information only in the
form in which it is maintained or is available. If an answer is made by reference to a
14
document, the responding party shall attach it or identify it and make it available for
inspection. Generalized cross-references, such as to a deposition transcript, are not
acceptable answers.
If an objection is based on privilege, the claim of privilege must be supported
by a statement of particulars sufficient to enable the Court to assess its validity. In
the case of a document, such a statement should specify the privilege relied on and
include the date, title, description, subject, and purpose of the document, the name
and position of the author, and the addresses of other recipients. In the case of a
communication, the statement should include the privilege relied on and the date,
place, subject, and purpose of the communication and the names and positions of all
persons present. See FED. R. CIV. P. 26(b)(5).
iv. Requests for Production or Inspection
The parties are advised to consult FED. R. CIV. P. 26(b) and 34 about the
permissible scope of discovery and objections. Absent prior approval from the Court,
the parties are limited to twenty-five (25) requests for production. To the extent
possible, requests should specify with particularity the title and description of
documents or records requested. (Information needed for specification can often be
obtained by informal discovery, deposition, or interrogatories, if necessary.) The
certification requirement of FED. R. CIV. P. 26(g) applies.
When responding to requests, materials (including electronically stored
information) should be produced in accordance with FED. R. CIV. P. 34(b)(2)(E). All
documents should be Bates-numbered or labeled with a unique identifier on each
page. Documents should be produced either (1) with labels corresponding to the
categories in the specific requests to which they respond, or (2) in a format where it
is clear which document is responsive to each particular request. Opening a
warehouse for inspection by the requesting party, burying the responsive documents
in a mass of materials, and similar procedures do not meet the good faith
requirements of the rules. The certification procedure of FED. R. CIV. P. 26(g) is
15
applicable.
v. Requests for Admission
Requests for admission are an economical and efficient means of narrowing
issues and making a record of informal exchanges of information, stipulations, and
matters subject to judicial notice. Absent prior approval from the Court, the parties
are limited to twenty-five (25) requests for admissions. Each request should be brief,
clear, simple, addressed to a single point and stated in neutral, nonargumentative
words. Requests ordinarily should deal with only objective facts. They may be
combined with interrogatories to ask for the factual basis of a claim or a denial. The
counsel’s or pro se party’s signature certifies compliance with FED. R. CIV. P. 26(g).
FED. R. CIV. P. 36(a)(4) requires that a response specifically deny a matter or
set forth in detail the reasons why the party cannot admit or deny. A denial shall
fairly meet the substance of the request, and when good faith requires, a party shall
specify so much as is true and qualify or deny the remainder. The responding party
has a duty to make reasonable inquiry before responding.
vi. Depositions
Barring extraordinary circumstances, opposing counsel and pro se parties
should be consulted, and the convenience of counsel, witnesses, and the parties
accommodated, before a deposition is noticed. When counsel or a pro se party enter
into stipulations at the beginning of a deposition, the terms of the stipulation should
be fully stated on the record of the deposition. Questions should be brief, clear, and
simple. A deposition should not be used to harass or intimidate a witness. Under FED.
R. CIV. P. 30(c)(2), 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, instructions not to answer a
question during a deposition are rarely justified and may lead to sanctions under FED.
16
R. CIV. P. 37. Speaking objections and other tactics for coaching a witness during the
deposition are prohibited. If counsel or a pro se party believes that a motion to
terminate or limit the examination under FED. R. CIV. P. 30(d) would be warranted
or that counsel is obstructing the deposition to the extent that sanctions or another
deposition will be requested, the parties should promptly contact the Courtroom
Deputy to schedule a conference call with the Court to attempt to resolve the problem.
The Court will endeavor to address the problem as quickly as possible once the issue
is raised. The Court prefers handling such situations with a conference call rather
than a later motion. FED. R. CIV. P. 26(b)(4) should be consulted regarding expert
disclosures. Experts who are prospective witnesses are normally produced for
deposition by the opposing party as a matter of course.
The parties are expected to observe the limitations on depositions specified in
FED. R. CIV. P. 26(b) and 30 and, in particular, to avoid unnecessary depositions.
vii. Discovery Disputes
The parties shall not file discovery motions (including motions to compel,
motions for protective order, and motions for sanctions) absent prior approval from
the Court. These disputes are often resolved in a conference with the Court, thus
avoiding a delay of discovery. In the event a discovery dispute arises, the parties are
required to meet and confer in-person in an effort to resolve the dispute. Counsel
and/or pro se parties are required to confer in good faith before bringing a discovery
dispute to the Court. See FED. R. CIV. P. 26(c) and 37(a)(1); Local Rule 37.1A. The
duty to confer is NOT satisfied by sending a written communication or conducting a
telephone conference, UNLESS repeated attempts to confer in-person are
unsuccessful due to the conduct of the opposing party.
If the dispute cannot be resolved, the parties shall jointly file on the case docket
a Notice of Discovery Dispute via the Court’s CM/ECF filing system. In the
consolidated submission, the parties should outline their positions on each of the
discovery items in dispute. If there are four (4) or less issues, the consolidated
17
submission should not exceed five (5) pages. If there are five (5) to ten (10) issues, the
statement should not exceed ten (10) pages. If there are more than ten (10) issues,
the statement should not exceed twelve (12) pages. The statement should be
formatted in a logical order, i.e., identify each issue in dispute followed by a discussion
from each of the parties setting forth an explanation of its respective position on the
issue. For example:
I. Identify Discovery Issue #1
A. Party A’s Position
B. Party B’s Response
The parties are required to attach as an exhibit to the Consolidated Statement
an excerpt of the relevant discovery requests, including only the language of the
specific requests and, potentially, the disputed responses, that are the subject of the
dispute. The parties should not attach an entire copy of their Interrogatories,
Requests for Production of Documents, or Requests for Admission. No other exhibits,
including email correspondence between the parties, are allowed without prior
approval from the Court. The Court will determine whether the dispute can be
resolved on the papers or whether a conference is necessary and will notify the parties
accordingly. All discovery conferences will be recorded by a Court Reporter. If the
differences cannot be resolved during the conference with the Court, the Court will
direct further proceedings.
viii. Confidentiality Agreements, Protective Orders, and Motions to Seal
The Court avoids the excess use of consent protective confidentiality orders
that allow counsel to designate documents, tangible things, and information as
“Confidential” and/or “Confidential—For Attorney’s Eyes Only.”
While the Court recognizes the legitimacy of such orders in some cases, the
Court’s experience is that such orders are used—and abused—more often than truly
necessary. The Court is aware that the parties will at times agree to designate
documents as “confidential.” However, the Court will not approve consent protective
18
orders that conflict with the Court’s view on the sealing of materials. As a guide to
the parties, the Court notes that documents, tangible things, and information
ordinarily are not truly confidential unless they constitute either (1) a “trade secret,”
as defined by Section 1(4) of the Uniform Trade Secrets Act, or for cases applying
Georgia law, O.C.G.A. § 10-1-761(4); (2) personal identifying information, such as a
Social Security number; or (3) personal health information protected by the Health
Insurance Portability and Accountability Act. Counsel should also be aware that the
Court is not hesitant to sanction counsel and/or parties for abusing a protective
confidentiality order by too readily designating documents, tangible things, and/or
information as “Confidential” and/or “Confidential—For Attorney’s Eyes Only.”
If the parties find that a confidentiality agreement or protective order is
necessary, the parties must follow the practice for filing and sealing documents as
described in the Court’s Procedure for Electronic Filing Under Seal in Civil Cases,
and must include this provision in any proposed agreement or protective order
submitted for the Court’s consideration:
Any documents (including briefs), tangible things, or
information designated as Confidential that are submitted
to the Court in support of, or in opposition to, a motion or
introduced at a hearing or during trial may retain their
protected confidential status only by compliance with the
Court’s Procedures for Electronic Filing Under Seal in Civil
Cases.
For documents filed other than during a hearing or trial, as a general matter,
this Court will seal only those items enumerated in the Court’s Standing Order 04-
02 regarding sensitive information and public access to electronic case files. Absent
extraordinary circumstances making prior consultation impractical or inappropriate,
the party seeking to file the documents shall first consult with the party who
designated the document as confidential to determine if some measure less restrictive
than filing the document under seal may serve to provide adequate protection. As
further clarification, the Court notes that a mere reference or discussion of
confidential information does not warrant sealing of the entire document and all
19
attachments to be filed. Instead, the Court is only interested in sealing (or filing in a
redacted format) very specific portions of documents that contain or refer to
confidential information. The parties should refrain from sealing an entire document
when only certain information is confidential. In addition, the Court will normally
not seal documents used in open court at a hearing or trial absent extraordinary
circumstances.
J. Motions Practice
i. Electronic Filing of Exhibits and Attachments
Parties are directed to label all electronically-uploaded exhibits and
attachments according to their content to assist the Court in navigating the docket
to locate record evidence. For example, documents should be uploaded and identified
on the docket as “Ex. 1 – Smith Deposition” rather than “Ex. 1.” If a party is filing
more than twenty-five (25) exhibits, the party should file a summary chart listing
those exhibits according to their content descriptor and the CM/ECF docket number
containing the exhibit. This chart may be filed after the brief and exhibits are filed.
ii. Brief Nomenclature
Briefs should be titled on CM/ECF as follows: The initial brief of a movant
should be titled “Brief in Support of [state the motion].” The brief of the responding
party should be titled “Response in Opposition to [state the motion].” The reply of the
moving party should be titled “Reply in Support of [state the motion].” Though
surreplies should not be filed in the normal course, if the Court authorizes a surreply,
it should be titled “Surreply to [state the motion].”
iii. Amended Complaints and Motions to Dismiss
If, in response to a motion to dismiss, a plaintiff files an amended complaint
pursuant to FED. R. CIV. P. 15(a)(1), the parties are directed to confer whether the
motion to dismiss is rendered moot. If so, prior to filing any motion to dismiss the
amended complaint, the defendant(s) shall notify the Courtroom Deputy via email,
with a copy to all parties, that the original motion to dismiss may be terminated as
20
moot.
iv. Motions for Summary Judgment
When filing summary judgment briefs, all citations to the record evidence shall
be contained in each party’s brief, not just in the party’s statement of undisputed (or
disputed) material facts. If possible, citations to the record evidence in a brief should
include the CM/ECF docket number. Deposition transcripts should not be attached
to summary judgment briefs. Instead, before filing a brief in support of or in
opposition to a motion for summary judgment, the party must file on the docket the
complete transcript of each deposition referenced in the brief. Filing the deposition
transcripts before the briefs will allow the parties to cite to the docket number in the
briefs. The party should include in the brief, immediately following the deposition
reference, a citation indicating the page and line numbers of the transcript where the
referenced testimony can be found. Parties are encouraged to quote testimony from
depositions and are cautioned not to mischaracterize deposition testimony.
Within ten (10) days after a motion for summary judgment or cross-motion for
summary judgment is fully briefed, the party seeking summary judgment must
submit a courtesy copy of the motion, opposition to the motion, and all supporting
documentation, including the Statement of Material Facts and the Response to the
Statement of Material Facts, in a tabbed, indexed binder consistent with Section 2(C)
above. The courtesy copies must be printed from the docket with the CM/ECF stamp
header. If any exhibits (photographs, maps, graphics, etc.) must be printed in color to
be understood or considered by the Court, the party should submit the printed copy
of those exhibits in color.
v. Form of Statement of Material Facts & Responses
Absent prior approval from the Court, Statements of Material Facts are limited
to fifty (50) facts. Subparts are not permitted.
In addition to following the form instructions set out in Local Rule 56.1(B), a
21
party responding to a statement of material facts shall copy into its response
document the numbered statement to which it is responding and provide its response
to that statement immediately following. A party that chooses to reply to a response
shall copy into its reply document its original numbered statement of material fact
and the opposing party’s response, then provide its reply to that statement
immediately following. Each party shall file its documents in a text-searchable PDF
format. For an example of the response format the Court prefers, see Wade v. Lewis,
No. 1:16-cv-3691-AT (N.D. Ga.) (Doc. 59).
vi. Requests for Oral Argument on Motions
In accordance with Local Rule 7.1(E), motions are usually decided without oral
argument, but the Court will consider any request for hearing. If oral argument is
requested, the party or parties should specify the particular reasons oral argument
may be helpful to the Court and what issues will be the focus of the proposed
argument. Moreover, the Court shall grant a request for oral argument on a contested
substantive motion if the request states that a lawyer of less than five (5) years out
of law school will conduct the oral argument, it being the Court’s belief that new
lawyers need more opportunities for Court appearances than they usually receive.
4. TRIALS
A. Pretrial Conference
The Court will conduct a pretrial conference prior to trial. The purpose of the
pretrial conference is to simplify the issues to be tried and to rule on evidentiary
objections raised in the pretrial order. See Local Rule 16.4. Parties should bring to
the pretrial conference a copy of the proposed pretrial order and attachments thereto,
as well as any outstanding motions.
Unless otherwise directed, all motions in limine shall be filed at least fourteen
(14) days before the pretrial conference. Briefs in opposition to motions in limine shall
be filed at least seven (7) days before the pretrial conference. The parties should not
22
file consolidated or omnibus motions in limine.
Counsel for the plaintiff shall initiate, and all parties shall participate in, a
meeting no later than ten (10) days before the pretrial conference to: (a) discuss
settlement; and (b) stipulate to as many facts and issues as possible.
In accordance with Local Rule 26.2C, Daubert motions must be filed no later
than the date the proposed pretrial order is submitted. Briefs in opposition to Daubert
motions must be filed within fourteen (14) days following the filing of the Daubert
motions, and reply briefs must be filed seven (7) days thereafter.
B. Proposed Findings of Fact and Conclusions of Law
When counsel is required to submit proposed findings of fact and conclusions
of law, see Local Rule 16.4B(25), in addition to electronically filing same, counsel
should provide an electronic copy thereof in Microsoft Word format to the Courtroom
Deputy via email (
[email protected]).
C. Jury Trial
The Court usually is in session from 9:00 a.m. until 5:00 p.m. There will be a
ten (10) minute recess mid-morning and again mid-afternoon, as well as a lunch
break. When the jury is in the courtroom, it is the Court’s and the parties’
responsibility to use the jury’s time efficiently. If matters need to be taken up outside
the presence of the jury, they should be raised during breaks or before the start of the
trial day. It is each party’s responsibility to have enough witnesses on hand for each
day’s proceedings.
D. Voir Dire
Proposed voir dire questions shall be filed with the pretrial order as provided
in Local Rule 16.4(B). During voir dire, the jurors will verbally respond to a printed
juror questionnaire (containing general questions regarding their residence,
occupation, education, recreational activities, prior jury service and children, if
applicable). The Court will then permit the attorneys to ask voir dire questions–as
23
previously approved by the Court. All challenges for cause will be heard at the close
of the questioning of all jurors. There will be a fifteen (15) minute break at the
conclusion of juror questioning to give all parties time to review their notes prior to
striking members of the jury. The number of jurors empaneled will be determined
after receiving input from the parties regarding the length of trial and any other
relevant considerations.
E. Courtroom Communications
i. Presentation
To assist the Court Reporter, all communications to the Court should be made
standing before a microphone from a position at counsel table or from the lectern.
Only one (1) attorney per party may object to the testimony of a witness being
questioned by an opposing party. The objection must be made by the attorney who
has conducted or is to conduct the examination of the witness. Examination of a
witness should be limited to questions addressed to the witness.
Counsel and parties should refrain from making disparaging remarks or
displaying ill will toward other counsel and parties and from causing or encouraging
any ill feeling among the counsel and parties. Counsel and parties are to refrain from
making gestures, facial expressions, or audible comments as manifestations of
approval or disapproval of testimony, argument, or rulings by the Court. Counsel,
parties, and witnesses are to refrain from making extraneous statements, comments,
or remarks during examinations.
ii. Sidebar
Offers or requests for stipulations should be made privately, not within the
hearing of the jury. Counsel and parties should refrain from putting any matter
before the jury in the form of a question that counsel and parties know or expect will
be subject to an objection that is likely to be sustained. Such matters should be taken
up with the Court outside the presence of the jury. Counsel and parties should not
ordinarily make motions in the presence of the jury. Such matters may be raised at
24
the first recess or at sidebar. A motion for mistrial must be made immediately, but
the Court may require argument at the next recess or excuse the jury. The Court
expects five (5) to six (6) hours of testimony per day in jury trials and will not allow
sidebar conferences or lengthy hearings outside the presence of the jury to disrupt
the orderly presentation of evidence.
iii. Objections
When making an objection, counsel and parties shall state only the legal basis
of the objections (e.g., “leading” or “hearsay”) and should not elaborate, argue, or refer
to other evidence unless asked to do so by the Court. Counsel and parties are
prohibited from addressing comments or questions to each other. All arguments,
objections, and motions should be addressed to the Court.
F. Exhibits
Exhibits and witness lists must be provided to all parties at least thirty (30)
days before the start of trial. See Fed. R. Civ. P. 26(a)(3). Exhibits must be examined
and marked before trial in compliance with Local Rule 16.4. The parties should confer
with the Courtroom Deputy prior to the start of trial to determine how the Court will
receive a copy of the exhibits for use by the Judge on the bench during proceedings.
Ordinarily, the Court requests notebooks of exhibits to be provided on the first day of
trial.
All papers intended for the Judge should be handed to the Courtroom Deputy,
who will pass them to the Judge. Counsel and parties are not required to obtain
permission from the Judge to approach a witness in order to show the witness an
exhibit or other document.
G. Jury Charges
The parties must file a unified set of proposed jury instructions three (3) days
after the pretrial conference with the Court. The parties should also email a Word
version of the unified proposed jury instructions to the Courtroom Deputy. Where an
25
instruction is not agreed upon, the parties should indicate who is proposing the
instruction, the legal basis for the instruction, and the legal basis for the other party’s
opposition to the instruction. The parties must orally request leave of court to file
supplemental jury charges. Ordinarily, the Court will charge the jury after closing
argument. The jury will be provided with a written copy of the jury charges.
H. Courtroom Technology
A court order is required to bring boxes of exhibits, projectors, laptops—
virtually anything necessary for use at trial—into the courthouse. The parties should
file a motion, with a proposed order, detailing the equipment they wish to bring into
the courtroom. This should be done not less than three (3) business days prior to the
hearing or trial, to allow for proper notification to the U.S. Marshals Service.
The courtroom has various electronic equipment for use by the parties at trial.
For more information on the equipment, or to schedule an opportunity to test the
equipment, please contact the Courtroom Deputy. It is the parties’ responsibility to
make sure they know how to use the equipment available, to have the necessary
accessories to connect their equipment, and to ensure that their equipment will
interface with the Court’s technology. Trial will not be delayed for technical
difficulties or equipment failure.
26
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
:
, :
:
Plaintiff[s], :
:
v. :
:
: CIVIL ACTION NO.
, : 1: -cv- -TRJ
:
Defendant[s]. :
CERTIFICATE OF COMPLIANCE
I hereby certify that I have read the Court’s Standing Order in Civil Cases
Proceeding Before the Honorable Tiffany R. Johnson, and I will comply with its
provisions during the pendency of this litigation.
[Signature of counsel or pro se party]
27
