(a) Establishment of Trial Date. While the case is in discovery, the clerk
shall establish a trial date and give at least 4 months' notice thereof to the parties. The
case may be set on a trial calendar of the assigned Judge or placed on a master calendar to
be called by one or more District Judges. A Magistrate Judge may assist with the master
calendar, although no case may be referred to the Magistrate Judge for trial unless the
parties consent to the Magistrate Judge's trial jurisdiction.
(b) Continuance of Trial. The Court will consider a request to continue a trial
date only if the request is personally signed by both the party and counsel for the party.
(c) Final Pretrial Preparation.
(1) The parties shall comply in all respects with Fed. R. Civ. P. 26(a)(3)
regarding final pretrial disclosures, including the time requirements set out
therein.
(2) Additionally, no later than 21 days before trial, each party shall file a
trial brief.
(3) In non-jury cases, the trial brief must be accompanied by proposed
findings of fact and conclusions of law.
(4) In a jury case, the trial brief shall be accompanied by proposed jury
instructions. Prior to submitting trial briefs under this rule, the parties shall
meet and confer to endeavor to file one set of agreed upon jury instructions
to the extent practicable. Where there is disagreement, competing jury
instructions shall be included with the trial brief required above. An
electronic Word version of the agreed-upon and any disputed jury
instructions shall be emailed to the assigned judge’s ECF mailbox.
(5) Except with the Court’s prior permission, trial briefs must not
exceed 6,250 words or 20 pages in the manner specified in LR 7.3(d), but
proposed jury instructions and proposed findings of fact and conclusions of
law do not count toward this limitation.
(6) Any party, or the Court on its own motion, may request a pretrial
hearing or telephone conference to address matters relating to final pretrial
preparation or settlement of the case. At any settlement conference, the
Court may require the attendance of parties and insurers.
(d) Sealing Exhibits or Trial Testimony and Closing the Courtroom.
The Court will not close the courtroom during the testimony of a witness, seal the
testimony of witnesses, or seal exhibits admitted at trial in whole or in part, including
documents previously filed under seal, except in accordance with this Rule. As to any
material, item, or testimony that a party believes is likely to be offered at trial, a written
motion to seal must be filed. Before filing such a motion, the moving party must:
(1) Identify in its pretrial disclosures under Rule 26(a)(3) of the Federal
Rules of Civil Procedure any witness testimony, trial exhibits, or parts of trial
exhibits that it wishes to have sealed at trial;
(2) Identify in its objections to pretrial disclosures under Rule 26(a)(3) of
the Federal Rules of Civil Procedure any witness testimony, trial exhibits, or
parts of trial exhibits identified by any other party that it wishes to have
sealed at trial; and
(3) Promptly meet and confer with all other concerned parties in a good-
faith effort to narrow the issues related to sealing that will be presented to the
Court for review and consideration and to discuss the likelihood that an
exhibit will be used at trial. The parties are encouraged to identify
confidential but immaterial portions of an exhibit that can be redacted to
allow the exhibit to be entered into evidence without sealing.
The motion to seal must be filed at least 7 days before trial and be accompanied by
supporting evidence and a brief, which may be filed under seal. The motion or brief must
summarize the substance of the meet and confer process and state the parties’ positions
about the likelihood that the testimony or exhibit(s) will be offered or used at trial. The
movant must notify the case manager for the trial judge at or before the time the motion
is filed, by e-mail to the Trial Judge’s ECF mailbox. At least 3 days before the scheduled
trial date, any other party may, but is not required to, file a response. No reply briefs are
allowed.
The parties are discouraged, but not prohibited, from filing motions under this Rule as to
exhibits or testimony that both parties believe are unlikely to be offered or used at trial.
As to such testimony or exhibits, the parties may alert the court during a pretrial
conference or at the start of the trial that there is evidence which, if offered or used, a
party believes should be under seal.
