IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:##-cv-###-WCM
[Name] )
)
Plaintiffs, )
)
v. )
)
[Name] )
)
Defendants. )
_____________________________________)
PRETRIAL ORDER
AND CASE MANAGEMENT PLAN
In accordance with the Local Rules of the Western District of North
Carolina and pursuant to Rule 16 of the Federal Rules of Civil Procedure, the
undersigned enters the following Pretrial Order and Case Management Plan
in this matter.
Deadlines at a glance
Rule 26 Disclosures *****
Designation of Mediator *****
Expert Reports – Plaintiff(s) *****
Defendant(s) *****
Discovery *****
Mediation *****
Motions Deadline *****
Trial ***** term
I. Discovery
A. Initial Rule 26 Disclosures: The information required by Federal
Rule of Civil Procedure 26(a)(1) shall be exchanged no later than
[Date]. OR The parties have exchanged the information required
by Federal Rule of Civil Procedure 26(a)(1).
B. Discovery Limits: Each party may propound no more than default
is twenty (20) single part interrogatories to any other party; each
party may submit no more than default is twenty-five (25) requests
for admissions to any other party; and each side may depose no
more than default is six (6) fact witnesses without prior approval
of the Court. However, the parties may, by agreement, increase the
limitations set forth in this paragraph, and if they are unable to
agree, may then seek Court intervention by motion.
C. Responses to Written Discovery Requests: Every answer,
response, and/or objection to a written discovery request shall be
preceded by the complete text of the request. If a party requests an
extension of time to respond to discovery requests, the result of
consultation with opposing counsel must be stated in the motion.
D. Maintenance of Discovery Materials: Discovery materials are NOT
to be filed, except in accordance with the Local Rules. See LCvR
26.2.
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E. Use of Discovery Depositions at Trial: If depositions are taken
during the discovery period which counsel intend to use at trial,
counsel are directed to exchange page/line designations and
resolve any objections thereto prior to the Final Pretrial
Conference. In the event that video depositions are taken, counsel
are directed to edit the video accordingly so that the video may be
shown without interruption. Any objections to designations of
deposition testimony (whether such testimony is presented in
written form or through a video recording), which cannot be
resolved by the parties themselves, must be raised in time to be
addressed at the Final Pretrial Conference. Failure to do so will
result in the waiver of any such objections.
F. Protective Orders: If a party objects to a discovery request on the
basis that the information or materials sought should be produced
pursuant to a protective order, the objection shall be accompanied
by a draft proposed protective order.
G. Completion of Court-Enforceable Discovery: Except for voluntary
discovery and de bene esse depositions, all discovery shall be
completed no later than [Date]. Counsel are directed to initiate
discovery requests and schedule depositions sufficiently in
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advance of this deadline so as to comply with this Order. This
deadline may be extended only by Court Order.
H. Voluntary Discovery: The parties may engage in discovery after
the court-enforceable discovery deadline by mutual agreement up
to fourteen (14) days prior to the Trial Date.
I. De Bene Esse Depositions: Depositions taken for the sole purpose
of preserving testimony for trial may be taken following the close
of court-enforceable discovery provided that 1) the witness will be
unavailable for trial for one of the reasons set forth in Rule
32(a)(4); 2) the reason for the unavailability is that the witness
resides outside the subpoena power of this Court and the party
seeking to take the deposition has failed, after making a good faith
effort, to obtain a commitment from the witness to testify at trial
voluntarily; and 3) the deposition can be concluded in time so that
any portions of the deposition to be used at trial can be designated
and any objections resolved at the Final Pretrial Conference. De
bene esse deposition testimony should be presented at trial by
video recording whenever possible.
J. Expert Witnesses: Without leave of Court, each side shall be
entitled to call up to default is five (5) expert witnesses who are
retained or specially employed to provide expert testimony in the
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case or whose duties as a party's employee regularly involve giving
expert testimony. The materials that are required by Rule 26(a)(2)
with respect to any experts (including experts who must provide
written reports and experts who are not required to provide such
reports) will be due from Plaintiff(s) no later than [Date] and from
Defendant(s) no later than [Date]. Supplementations under Rule
26(e) shall be ongoing throughout these proceedings.
II. Motions Practice
A. Motions Deadline: All motions, except motions in limine and
motions to continue, shall be filed no later than [Date]. This
deadline also pertains to any motion that challenges the
qualifications of any expert witness (i.e., Daubert motions). This
deadline may be extended only by Court Order.
B. Motions Hearings: Hearings on motions will be set, as necessary,
in the Court’s discretion. The Clerk will notify all parties of the
date and time for any hearing.
C. Briefs:
1. Supporting Briefs: Every motion shall include, or be
accompanied by, a supporting brief that includes citations
of authority and the grounds on which the motion is based,
provided however that no brief is required for those
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motions exempted from briefing under Local Civil Rule 7.2,
simple consent motions, motions to continue, and motions
to withdraw as counsel. Such motions, though, must
contain an adequate statement of the basis for the relief
sought. No supporting brief may exceed twenty (20) pages
without Court approval. Motions that do not comply with
this Order are subject to summary denial.
2. Responses: A response to a motion must be filed within
fourteen (14) days of the date on which the motion’s
certificate of service is signed. The Court generally deems
a motion to be ripe for determination upon the timely filing
of a reply but may, in its discretion, rule on a motion before
the time for either a response or a reply expires, if
warranted by the circumstances. If no response is
submitted within the time provided, the Court may grant
the relief requested, if good cause is shown. No response
brief may exceed twenty (20) pages without Court
approval.
3. Replies: A reply shall be limited to a discussion of newly
raised matters in the response and must be filed no later
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than seven (7) days after the filing of the response. No reply
may exceed five (5) pages in length without Court approval.
4. Formatting: All briefs must be double spaced and in at
least fourteen (14) point type.
D. Extensions of Time: Any motion seeking an extension of the time
to file a response or reply shall be filed prior to the expiration of
the existing deadline for the underlying motion. The moving party
must state within the motion what actions have been undertaken
to consult with opposing counsel regarding the requested
extension and must notify the Court of the views of opposing
counsel regarding the request. Motions that do not comply with
these requirements may be summarily denied.
E. Substantive Discovery Motions: Substantive discovery motions,
including motions to compel and contested motions for protective
orders, must include a statement by the movant that the parties
have conferred in good faith in an attempt to resolve the dispute
and are unable to do so. Substantive discovery motions must be
filed within the court-enforceable discovery period or may be
deemed waived. Consistent with the spirit, purpose, and explicit
directives of the Federal Rules of Civil Procedure, the Court
expects all parties to attempt in good faith to resolve discovery
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disputes without the necessity of Court intervention. Failure to do
so may result in appropriate sanctions.
III. Alternative Dispute Resolution
A. Deadline: Mediation IS ordered in this case and shall be completed
by [Date].
B. Filings:
1. The parties shall select and agree upon a mediator and
shall file a report stating the identity of the mediator
selected by [Date]. If the parties are unable to agree upon
a mediator, they shall file a report stating that they have
been unable to agree upon a mediator and the reasons for
such inability by [Date]. OR The parties have designated
_____ to serve as mediator.
2. Within seven (7) days of the completion of mediation, a
Report shall be filed that states whether all, a portion, or
none of the case has settled. The Report shall be filed by
the mediator, except that if the mediator does not have an
electronic case filing (ECF) account, then it shall be the
responsibility of Defendant(s) to file the Report for the
mediator.
IV. Trial Procedures
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A. Trial Date: Trial is scheduled to commence WITH/WITHOUT a
jury during the [Date] term. A final pretrial conference will be
scheduled in advance of this date.
B. Length of Trial: Trial is anticipated to last ### days.
C. Filings and Deadlines Prior to Trial:
1. No later than fourteen (14) days before the Final Pretrial
Conference, counsel shall:
a. File any motions in limine.
2. No later than seven (7) days before the Final Pretrial
Conference, counsel shall:
a. File any responses to any motions in limine.
3. No later than NOON on the last business day before the
Final Pretrial Conference, counsel shall:
a. Discuss the possibility of settlement;
b. Exchange and discuss exhibits;
c. File any stipulations of fact. The parties are
encouraged to stipulate to as many facts as possible to
facilitate the trial of the case;
d. File the line and page designations of any depositions
that counsel intend to introduce at trial. The parties
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should be prepared to address any objections to such
designations at the Final Pretrial Conference;
e. File trial briefs addressing all questions of law and any
anticipated evidentiary issues. Each brief shall not
exceed twenty (20) pages and shall be double spaced
and in at least fourteen (14) point type;
f. If a jury trial has been requested:
a. File a proposed verdict sheet as to any issues to
be submitted to the jury If counsel cannot agree
upon the wording of the proposed verdict sheet,
each party shall file his/her own version;
b. File proposed jury instructions. Each proposed
instruction must be separately numbered and
appear on a separate page. Also, each proposed
instruction must contain a supporting citation
as a footnote; a proposed instruction without a
supporting citation will not be considered.
Boilerplate introductory instructions are not
required.
g. If the case is a non-jury matter:
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a. File proposed findings of fact and conclusions of
law.
4. No later than fourteen (14) days before the Trial Date,
counsel shall:
a. Serve any necessary trial subpoenas. The Court may
elect not to enforce subpoenas that have not been
issued in compliance with this deadline or, if
requested, may quash such non-compliant subpoenas.
5. No later than seven (7) days before the Trial Date, counsel
shall file the following documents:
a. A witness list containing the name of every proposed
witness;
b. A statement of the education, experience, and
qualifications of each expert witness, including the
particular field in which the party intends to qualify
the witness as an expert. The statement should also
indicate whether the parties have stipulated to the
qualifications of each expert witness;
c. Stipulations concerning the authenticity and
admissibility of as many proposed exhibits as possible;
and
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d. An exhibit list.
D. Assessment of Jury Costs: If an action that is scheduled for a jury
trial is settled or otherwise disposed of in advance of the actual
trial, the Court may assess costs, including but not limited to
jurors’ costs, including Marshal’s fees, mileage reimbursement,
and per diem fees, equally against the parties or otherwise may
determine appropriate assessments, unless the Clerk’s Office is
notified of the disposition by 4:00 p.m. on the day before the Trial
Date or the parties otherwise establish good cause why the Court
should not assess jury costs against them.
V. Miscellaneous Provisions
A. Conflict with Local Rules: To the extent that any provision of the
Local Rules conflict with this Order, this Order shall govern.
B. Modification: This Order is subject to modification only by Order
of the Court and may not be modified by agreement of the parties
except where indicated.
C. Sanctions For Noncompliance: If any party fails to comply with any
of the requirements of this Order, the Court may impose sanctions,
as may be warranted.
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