IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
, )
)
Plaintiff, )
)
v. ) No. -CV-W-DGK
)
, )
)
Defendant. )
SCHEDULING AND TRIAL ORDER
Pursuant to Rules 16(b) and 26(f) of the Federal Rules of Civil Procedure, and upon
consideration of the parties’ views in the matter, the schedule below is hereby established.
Key Dates
1. Motions to join additional parties shall be filed on or before .
2. Motions to amend the pleadings shall be filed on or before .
3. Discovery motions shall be filed on or before .
4. Discovery shall be completed on or before .
5. Plaintiff’s expert designations shall be filed on or before .
6. Defendant’s expert designations shall be filed on or before .
7. Dispositive motions shall be filed on or before .
8. Motions to strike expert designations shall be filed on or before .
9. Motions in limine shall be filed twenty-one (21) days prior to the pretrial
conference.
10. Deposition designations shall be filed fourteen (14) days prior to the pretrial
conference.
11. Statement of uncontroverted facts; stipulation as to the admissibility of evidence;
witness lists; exhibit lists; list of remaining claims; objections to deposition
designations; and, deposition designations by party defending against an
affirmative claim shall be filed seven (7) days prior to the pretrial conference.
12. The pretrial conference is scheduled to be held at on .
13. Trial briefs shall be filed seven (7) days prior to trial.
14. The trial is scheduled to commence at 9:00 a.m. on for days.
Revised September 2015.
Amendment of Pleadings
1. Any motion to join additional parties shall be filed on or before .
2. Any motion to amend the pleadings shall be filed on or before .
Discovery
1. Motions. All discovery motions shall be filed two weeks prior to the final
discovery deadline on or before . The Court will not entertain any discovery motion absent
full compliance with Local Rule 37.1. Any discovery motion filed without complying with Local
Rule 37.1 will be denied. Except in extraordinary circumstances, problems with discovery
which are not brought to the Court’s attention in time for the opponent to make a proper
response and the Court to make an informed ruling before the close of discovery will be
waived.
2. Final Discovery Deadline. All pretrial discovery authorized by the Federal Rules
of Civil Procedure shall be completed (not simply submitted) on or before . Accordingly, all
discovery requests and depositions shall be submitted, responded to, and/or taken prior to the date
specified in this paragraph and all disputed issues shall be brought to the Court’s attention and
resolved prior to this time.
3. Expert Witnesses. The plaintiff shall designate any expert witnesses it intends to
call at trial on or before , and the defendant shall designate any expert witnesses it intends
to call at trial on or before . This paragraph applies to all witnesses retained or
non-retained from whom expert opinions will be elicited at trial.
4. Affidavits for Experts. Along with each party’s designation of expert witnesses,
each party shall provide the other parties with an affidavit from each expert witness designated
pursuant to paragraph 3 of this section. The affidavit shall include a complete statement of all
opinions to be expressed and the basis and reasons therefore, the data or other information
considered by the witness in forming the opinions, any exhibits to be used as a summary of or
support for the opinions, the qualifications of the witness (including a list of all publications
authored by the witness within the preceding ten years), the compensation to be paid for the study
and testimony, and a listing of any other cases in which the witness has testified as an expert at trial
or by deposition within the preceding four years. Expert witnesses may testify only as to matters
contained in the affidavit described above unless leave of Court is granted upon good cause shown.
5. Treating Physicians. With respect to treating physicians who will testify as to
treatment provided, the requirements of paragraph 4 of this section may be satisfied by providing a
copy of all the treating physician’s files, records and notes relating to the treating physician’s
patient to the opposing party. For the purpose of this paragraph, a “treating physician” is a doctor
(including psychiatrist, dentist or other practitioner of the healing arts) retained by a party prior to
retaining counsel in this matter. A treating physician will not be allowed to give expert testimony
beyond the treatment provided by said physician unless designated as an expert as required under
paragraph 3 of this section. A treating physician who will provide expert testimony beyond the
treatment provided by said physician must further comply with the requirements of paragraph 4 of
this section.
Motions
1. Dispositive Motions. All dispositive motions, except those under Rule 12(h)(2)
or (3), shall be filed on or before . All dispositive motions shall have a separate section
wherein each statement of fact is individually numbered so that any party opposing such motion
may refer specifically to a genuine issue of material fact. Suggestions in opposition to a dispositive
motion shall begin with a concise listing of material facts as to which the party contends a genuine
dispute exists. All motions for summary judgment shall comply with Local Rules 7.1 and 56.1.
2. Daubert Motions. All motions to strike expert designations or preclude expert
testimony premised on Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) shall
be filed on or before . The deadline for filing motions in limine does not apply to these
motions. Failure to file a Daubert motion prior to this deadline will constitute a waiver of any
arguments based on Daubert.
3. Motions for Extension of Time. All motions for extension of time pursuant to
Rule 6(b) or Rules 31, 33, 34 and 36 must state:
a. The date when the pleading, response or other action is/was first due;
b. The number of previous extensions and the date the last extension expires;
c. The cause for the requested extension, including a statement as to why the
action due has not been completed in the allotted time; and
d. Whether the requested extension is approved or opposed by opposing counsel
(agreement by counsel of a requested extension is not binding on the Court).
Pretrial Conference & Filings Due Prior to Pretrial Conference
1. Pretrial Conference. A final pretrial conference in this case will be held at
p.m. on , 2015, via telephone conference.* The call shall be initiated by plaintiff’s
counsel. The Court’s telephone number is 816-512-5602. Lead trial counsel shall participate in
this conference. The agenda for this conference will include:
a. Identification of facts not in dispute to which the parties will stipulate, in
* In some instances, the Court may require counsel to appear in person for the pretrial conference.
order to save trial time;
b. Identification of legal and factual issues to be tried;
c. Disposition of pending motions;
d. Discussion of any legal questions which must be resolved prior to trial;
e. Discussion of any suggestions by counsel to simplify and expedite the
trial; and
f. Discussion of the status and likely success of settlement negotiations.
2. Pretrial Filings. To improve the quality of trial through more thorough
preparation, the attorneys will meet and confer at least three (3) days prior to the deadlines
contained in paragraphs c, d, e and f below to identify what is truly in dispute and to facilitate the
admission of uncontroverted evidence.
a. Motions in limine. Twenty-one (21) days prior to the pretrial conference,
motions in limine shall be filed. Responses to motions in limine shall be filed
at least fourteen (14) days prior to the pretrial conference.
b. Deposition Designations. Fourteen (14) days prior to the pretrial conference,
each party asserting claims for relief (plaintiff, third-party plaintiff,
counterclaiming defendant, etc.) or asserting an affirmative claim shall file and
serve a designation, by page and line number, of any deposition testimony to be
offered in evidence as a part of that party’s case.
Seven (7) days prior to the pretrial conference, each party defending against an
affirmative claim for relief shall file and serve:
i. Any objections to proposed deposition testimony designated by
any other party;
ii. A designation, by page and line number, of any deposition
testimony to be offered as cross-examination to deposition
testimony designated by other parties; and
iii. A designation, by page and line number, of any deposition
testimony to be offered in evidence as part of that party’s
case-in-chief in connection with such defense.
On or before the date of the pretrial conference, each party shall serve, file and
deliver to all other parties its objections to any deposition testimony designated
pursuant to subparagraphs ii. and iii. above.
c. Stipulation of Uncontroverted Facts. Seven (7) days prior to the pretrial
conference, stipulation of uncontroverted facts shall be filed. If no stipulated
facts can be agreed upon, including facts related to the Court’s subject matter
jurisdiction, the parties shall file a joint statement to that effect.
Notwithstanding the fact that the time for discovery will have closed, a request
to stipulate, if preserved in the record, will constitute a request for admission
under Rule 36 and failure to stipulate may be subject to sanctions under Rule
37(c).
d. Stipulation as to the Admissibility of Evidence. Seven (7) days prior to the
pretrial conference, stipulation as to the admissibility of evidence shall be filed
when the identification and foundation of the exhibit is not contested.
Notwithstanding the fact that the time for discovery will have closed, a request
to stipulate, if preserved in the record, will constitute a request for admission
under Rule 36 and failure to stipulate may be subject to sanctions under Rule
37(c).
e. Witness Lists. Seven (7) days prior to the pretrial conference, pursuant to
Local Rule 39.1, witness lists shall be filed. Each party shall file and serve a
list of all witnesses who may be called at trial. If a witness is not listed by a
party, that witness will not be permitted to testify absent leave of Court and then
only for the purpose of unanticipated rebuttal or impeachment. No
supplemental or amended witness lists will be allowed without leave of Court
and for good cause.
f. Exhibit Lists. Seven (7) days prior to the pretrial conference, pursuant to Local
Rule 39.1, exhibit lists shall be filed. Each party will file and serve a list of all
exhibits which may be offered at trial. Additionally, each party shall make its
exhibits available for inspection by the other parties prior to the pretrial
conference. The parties shall also prepare and provide to the courtroom deputy
an exhibit index, with said index being prepared on a form provided by the
clerk’s office. Each exhibit will be designated as either “Plaintiff’s” or
“Defendant’s.” Plaintiff shall number their exhibits beginning with the number
one. Defendant shall number their exhibits beginning with the number 501. If
an exhibit consists of more than one (1) page or part, the number of pages or
parts shall be included in the description on the exhibit index. It is not necessary
to list exhibits to be used only for impeachment or rebuttal purposes. Failure to
list an exhibit or to disclose an exhibit to adverse counsel as required by this
order will result, except upon a showing of good cause, in the non-admissibility
of the exhibit into evidence at the trial. No supplemental or amended list of
exhibits will be allowed without leave of Court and for good cause.
g. Remaining Claims. Seven (7) days prior to the pretrial conference, each party
shall file a schedule of claims, counterclaims and affirmative defenses that
remain outstanding, along with the elements of each claim, citing authority for
such elements.
Trial and Filings due Prior to Trial
1. Trial. This case is scheduled for bench trial commencing at 9:00 a.m. on
, 2015, at the United States Courthouse in Kansas City, Missouri.
2. Trial Filings. The following documents shall be filed prior to trial:
a. Trial Brief. Seven (7) days prior to trial, counsel for each party shall file a trial
brief stating the factual and legal contentions for the party for whom the trial
brief is filed. The trial memorandum shall contain: a general statement of the
case, citation of the authority upon which the party relies on unresolved legal
issues, a general statement of the evidence to be offered, and a statement of any
evidentiary or procedural problem expected to arise, with citations of authority.
3. Trial Procedure. The Court will place time limits on opening statements and
direct and cross-examination of all witnesses. You should be prepared to support your
representations as to the length of trial.
4. Trial Rules. In order to ensure the efficient use of time during trial, the following rules
of Court will be imposed:
a. All legal issues must be raised in advance of trial by written motions and
in accordance with the scheduling order of this Court;
b. Motions will not be heard during trial without a strong showing that counsel
could not, by due diligence, have raised them sooner;
c. Testimony will not be interrupted to deal with evidentiary matters that could
have been heard in advance of trial. The Court will consider those matters
during recess, at noon break, or at the end of the day. Counsel should be
prepared with written authority for their positions; and
d. Witnesses who will be testifying from exhibits or about exhibits should review
them immediately prior to their testimony.
Failure to Appear/Comply
Failure of counsel to appear at any scheduled final pretrial conference, or otherwise to
comply with the provisions of this order, may result in dismissal or default, as may be appropriate.
IT IS SO ORDERED.
/s/ Greg Kays
GREG KAYS, CHIEF JUDGE
UNITED STATES DISTRICT COURT
DATED:
