IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
KEYBOARD(caption)
I. TRACK ASSIGNMENT
Upon consideration of the Local Rules for the United States District Court for
the Northern District of Ohio, the Court assigns this matter to the Standard Track.
Accordingly, the Court sets forth the following deadlines:
(1) Deadline to Add Parties or Amend Pleadings: KEYBOARD(date)
(2) Deadline for Completing Discovery Needed to Support or Defend
Dispositive Motions: KEYBOARD(date)
(3) Deadline for Filing Dispositive Motions: KEYBOARD(date)
(4) Deadline for Filing Opposition to Dispositive Motions: KEYBOARD(date)
(5) Deadline for Filing Replies to Responses: KEYBOARD(date)
(6) Deadline for All Discovery: KEYBOARD(date)
II. MOTIONS PRACTICE
All motions and related documents filed with the Court must comply with the
Local Rules for the United States District Court for the Northern District of Ohio.
The Local Rules place limitations on the length of memoranda relating to
dispositive motions. Specifically, such memoranda shall not exceed ten (10) pages in
length for cases on the Expedited Track, twenty (20) pages for cases on the Standard
Track or Administrative Track, thirty (30) pages for cases on the Complex Track, and
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forty (40) pages for cases on the Mass Tort Track.
Parties must submit an affidavit along with such memoranda specifying the
assigned case track and certifying that the memorandum adheres to the applicable
page limitation. The Court will not increase the page limitation except in
extraordinary circumstances.
Further, motions, related memoranda, and all other documents submitted to the
Court shall only include text produced in twelve (12) point font.
Finally, portions of any record used to support or oppose any motion (e.g.,
deposition transcripts) shall be excerpted and submitted in that form. Parties shall
submit that portion relevant to the issue in question and not more than two (2) pages
in addition to establish context. However, if the parties have the capability of
electronically filing records or transcripts, they may file such documents in their
entirety along with the motion. Parties must consult the Electronic Filing Policies and
Procedures Manual to determine whether a particular document is suitable for
electronic filing.
III. FILING OF MOTIONS TO DISMISS
AND SUMMARY JUDGMENT
The Court requires defendants to file an answer to the complaint regardless of
whether they have filed or plan to file a motion to dismiss. The filing of a motion to
dismiss shall not delay the time in which the party must answer the complaint.
Should a party file a motion for summary judgment, this Court encourages the
party to file the motion on or as close to the dispositive motion deadline as possible.
Counsel may only file one summary judgment motion. Counsel must seek leave of this
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Court if he or she wishes to file any additional or supplemental motions. The Court
will grant a motion for subsequent motions only in very rare circumstances.
IV. PRE-TRIAL AND STATUS CONFERENCE
A final pre-trial conference will take place on KEYBOARD(date/time/place). A
status conference will take place on KEYBOARD(date/time/place). The following
persons must attend both the status conference and the final pretrial: (1) all parties,
(2) lead counsel, and (3) a representative with final authority for settlement purposes.
"Parties" means either the named individuals or, in the case of a corporation or similar
legal entity, that person who is most familiar with the actual facts of the case. "Party"
does not mean in-house counsel or someone who merely has settlement authority.
"Final authority" means the actual ability to settle, without further consultation, for
an amount up to plaintiff's prayer for relief. If plaintiff has not specified a prayer for
relief, or plaintiff has specified equitable relief, "final authority" means the final
decision-maker with unlimited authority to settle without further consultation. In the
event a representative with final authority is unable to attend in-person, counsel must
file a motion, showing good cause, more than 48 hours before the scheduled conference.
Counsel shall meet at least ten (10) days prior to the pre-trial conference to
determine whether they can enter into stipulations relative to any facts or issues.
Parties must electronically file a joint stipulation and order at least three (3)
days prior to the date of the pre-trial conference. The form of this order is attached
hereto as Appendix A.
V. TRIAL
A. General
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The Court has set this matter for trial on a two-week standby period beginning
on KEYBOARD(date/time/place). Counsel must keep in regular contact with Gwen
Mackey, the Courtroom Deputy Clerk, to determine the exact starting date for the
trial. Counsel may reach Ms. Mackey at (216) 357-7217.
The trial day will begin promptly at 8:00 a.m. and will conclude at
approximately 5:00 p.m. During each trial day, the Court will adjourn for lunch for
approximately thirty (30) minutes.
B. Interim Arguments
The Court finds that interim arguments often prove helpful to the finder of fact.
Accordingly, the Court will usually permit each side to present such arguments during
the trial. However, neither side is required to present interim arguments.
An interim argument serves to provide some explanation as to how a witness's
testimony relates to the party's case as a whole. Such an argument occurs only after
the witness has completed testimony and may only deal with the testimony of that
witness. The Court will set time limits for interim arguments.
C. Witnesses and Exhibits
Counsel shall file witness lists (Appendix C) along with the final pre-trial order
(Appendix A) three (3) days prior to the final pre-trial conference. The order in which
witnesses are listed will be deemed the order in which such witnesses will be called
unless counsel presents a revised order of witnesses' appearance at least 48 hours in
advance of such appearances. Parties may seek to call witnesses out of order for
reasons that could not reasonably be anticipated.
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Leave to call additional witnesses may be granted by the Court in unusual
situations. Counsel seeking such leave must file a motion to add witnesses. Opposing
counsel shall be provided with the names, addresses and an offer of proof of such
witness's testimony at least three (3) days prior to trial.
The Court strongly advises counsel to over-schedule their witnesses. Should a
party run out of witnesses on any given trial day, the Court will presume that the
party has rested its case.
The Court is using new technology to facilitate the viewing of exhibits by jurors.
Each party must submit all exhibits on a single storage device such as a CD, DVD, or
USB drive. A separate CD or USB drive should be provided for Plaintiffs’ Exhibits,
Defendants’ Exhibits, and any Joint Exhibits. Each party must send the exhibits to
the Court, Chambers 18A, such that the Court is guaranteed to receive the exhibits by
noon on Friday before trial commences.
The Exhibit Files must be renamed using a naming convention similar
to:<exhibit number>-<exhibit part>_<exhibit description>.<file extension>. The
exhibit number MUST be a number. Exhibits with subparts can be so designated
using a letter for the exhibit part. The use of the “underscore” character is required
when an optional description of the exhibit is included and cannot be used elsewhere
in the exhibit name.
Example listing of valid exhibit file names:
1-a_photograph.jpg
12_2009 Tax Statement.pdf
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35d.pdf
12(a)_camera footage.wmv
Any questions regarding the naming conventions for the electronically stored
exhibits should be directed to David Zendlo at (216) 357-7053.
To maintain consistency between the electronic and the paper exhibits, BOTH
PARTIES SHALL LABEL THEIR EXHIBITS WITH NUMBERS. Counsel shall mark
all exhibits before trial with official or similar stickers. Exhibits shall be labeled with
the party followed by the exhibit number (e.g., “Plaintiff 1”, “Def 2”, or “P 3”). The case
number shall also appear on the stickers.
In addition to electronically submitting exhibits, Counsel shall submit to the
Court two (2) copies of all proposed exhibits, contained in two separate binders, along
with an index (Appendix B) containing a brief description of each exhibit on the
morning the trial actually commences. Exhibits shall be exchanged between counsel
prior to trial.
D. Use of Depositions as Evidence
If the parties intend to use any deposition as evidence during the trial, the
parties must file these depositions by the time of the final pretrial conference with the
portions to be read noted therein. An opportunity will be given to opposing counsel to
read any omitted portion. Counsel will be notified at trial of rulings on all objections
pertaining to the depositions.
E. Nonjury Trials
For matters not submitted to a jury, the Court requires counsel to submit at
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least one (1) week prior to the standby trial period (1) a statement of the issues, (2)
proposed findings of fact, and (3) proposed conclusions of law. The parties must also
file any trial briefs no later than one (1) week prior to the standby trial period.
The proposed findings of fact must cite the particular witness(es) and physical
evidence upon which each proposed finding is based. Likewise, the proposed
conclusions of law must cite the direct legal authority upon which each proposed legal
conclusion is based.
The Court may also order the parties to submit post-trial briefs. These briefs
will be limited to specific questions assigned by the Court during or after trial. The
Court may also permit counsel to file supplemental findings of fact and conclusions of
law following the trial.
The parties must exchange any trial or post-trial briefs, as well as any
supplemental findings of fact or conclusions of law.
F. Jury Actions
The Court will conduct the voir dire examination of the jury panel. However, the
Court will accept proposed jury voir dire questions. Counsel must submit any such
proposed questions no later than one (1) week before the standby trial period. Failure
to file proposed questions in a timely manner is a waiver of any such questions.
Counsel may submit proposed jury instructions to the Court no later than one
(1) week prior to the date of trial. Proposed instructions regarding issues that could
not reasonably have been foreseen in advance may be filed at least twenty-four (24)
hours prior to final argument. Counsel will exchange any proposed jury instructions.
Any proposed jury instructions will include instructions on all issues relating to
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your case. Each proposed instruction shall be on a separate 8 ½" x 11" sheet of paper
identified as "Plaintiff(s)/Defendant(s) Requested Instruction No. ." All instructions
must contain a citation of authority upon which counsel relies. The Court will reject
any proposed instruction that does not contain a citation to authority.
The Court uses as sources for jury instructions, among others, Pattern
Instructions of the Sixth Circuit, O'Malley, Grenig and Lee, "Federal Jury Practice and
Instructions, Fifth Edition," and Ohio Jury Instructions. The Court is bound by
determinations of the Supreme Court of the United States and the United States Court
of Appeals for the Sixth Circuit. Where appropriate, determinations by a state
supreme court, or, in the absence thereof, determinations by a state intermediate
appellate court will be used.
Finally, the Court finds that, in some cases, jurors better understand the
testimony presented when permitted to pose questions to the witness. Accordingly, the
Court may permit jurors to submit proposed questions for the witnesses. Any such
questions will be submitted to the Court in written form. The Court will then discuss
the proposed question with counsel in a sidebar conference. The Court will ultimately
decide whether to ask the proposed question. If the Court asks any proposed question,
the Court will allow the parties to ask follow-up questions limited to the area of the
juror-proposed question.
VI. ELECTRONIC COURTROOM
The Court is pleased to have one of the most technologically advanced
courtrooms in the United States. This courtroom features, among other things, the
technology necessary to present evidence in a video format. The Court encourages
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counsel to utilize this technology whenever appropriate.
Counsel bears the responsibility for developing proficiency with this new
technology prior to trial. Counsel are encouraged to visit the Court's website to obtain
information on scheduled training sessions.
VII. CHANGE OF ADDRESS
Counsel will notify the Court and the Clerk of this Court of any address, e-mail
address, or telephone number changes by electronically filing a notice containing the
new information.
IT IS SO ORDERED.
Dated: KEYBOARD(date) s/ James S. Gwin
JUDGE JAMES S. GWIN
UNITED STATES DISTRICT JUDGE
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APPENDIX A
A PROPOSED STIPULATION AND ORDER following the format shown below
must be jointly prepared and electronically filed by counsel at least three (3) days prior
to the date of the final pretrial conference. Specific reference is made here to the terms
of the TRIAL ORDER that shall be read and applied in conjunction with the format
below.
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
JOHN DOE, ) CASE NO. 0:00-CV-0000
)
Plaintiff, )
)
v. ) Judge James S. Gwin
)
JANE DOE, )
) STIPULATION & ORDER
Defendant. )
FINAL PRETRIAL ORDER
This action came before the Court at a final pretrial conference held on the
day of , 19 , pursuant to Rule 16 of the Federal Rules of Civil Procedure.
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I. APPEARANCES:
For Plaintiff(s):
For Defendant(s):
II. NATURE OF ACTION AND JURISDICTION:
A. This is an action for .
B. The jurisdiction of the Court is invoked under Title , United States Code,
Section .
C. The jurisdiction of the Court is (disputed/undisputed).
III. TRIAL INFORMATION:
A. The estimated length of trial is days.
B. Trial to (the Court/Jury) is set for (MM/DD/YYYY).
IV. AGREED STATEMENTS AND LISTS
A. General Nature of the Claims of the Parties
(1) Plaintiff Claims: (e.g., “Plaintiff asserts in Count 1 a right of
recovery for defendant's negligence as follows:”)
(2) Defendant Claims: (e.g., “Defendant denies liability as asserted in
counts for the following reasons.”- or - “Defendant as an affirmative
defense asserts that plaintiff was contributorily negligent as follows:. . .”).
B. Uncontroverted Facts
Suggested Language:
“The following facts are established by admissions in the pleadings or
by stipulations of counsel . . .” (set forth and number uncontroverted
or uncontested facts).
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C. Issues of Fact and Law
Suggested Language:
(1) “Contested Issues of Fact: The contested issues of fact remaining
for decision are . . .” (list them).
(2) “Contested Issues of Law: The contested issues of law in addition
to those implicit in the foregoing issues of fact are:. . .” (set forth). OR
"There are no special issues of law reserved other than those implicit
in the foregoing issues of fact."
D. Witnesses
Suggested Language:
(1) “Plaintiff/defendant will call or will have available for testimony
at trial those witnesses whose names are set forth on the attached witness
list” (see Appendix C).
E. Expert Witnesses
Suggested Language:
(1) “Parties are limited to the following number of expert witnesses,
including treating physicians, whose names have been disclosed to
opposing counsel: . . . .”
F. Trial to the Court
Parties must file a statement of the issues, proposed findings of fact, and
proposed conclusions of law in accordance with the time limits set forth
in the trial order. Parties must also file any trial briefs in accordance
with the time limits set forth in the trial order.
G. Trial to a Jury
Proposed voir dire questions and proposed jury instructions must be
submitted to the Court in accordance with the time limits set forth in
the trial order.
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H. Use of Depositions
Suggested Language:
(1) “Testimony of the following witnesses will be offered by
deposition/video tapes: . . .” OR “No testimony will be offered by
deposition/video tape.”
I. Exhibits
The parties will offer as exhibits those items listed herein as follows:
(1) Joint Exhibits - Appendix B;
(2) Plaintiff Exhibits - Appendix B;
(3) Defendant Exhibits - Appendix B;
(4) Third-Party Exhibits - Appendix B
J. Pending Motions
Suggested Language:
(1) “The following motions are pending at this time: . . .” OR “There are no
pending motions at this time.”
K. Modification of Order
Suggested Language:
(1) “This final pretrial order may be modified at the trial of this action, or
prior thereto, to prevent manifest injustice. Such modification may be
made by application of counsel, or on motion of the Court.”
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L. Settlement Efforts
Set forth exact status of settlement discussions between the parties.
IT IS SO ORDERED.
JUDGE JAMES S. GWIN
UNITED STATES DISTRICT JUDGE
Counsel for:
Counsel for:
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APPENDIX B
An EXHIBIT LIST following the format shown below, along with a copy of all
exhibits, must be prepared and submitted by counsel on the morning the trial actually
commences. Specific reference is made here to the terms of the TRIAL ORDER that
shall be read and applied in conjunction with the format below.
APPENDIX "B"
PLAINTIFF
vs. CASE NO.
JUDGE JAMES S. GWIN
DEFENDANT
PLAINTIFF/DEFENDANT/JOINT/THIRD-PARTY EXHIBITS
EXHIBIT I.D. DESCRIPTION OF EXHIBIT I.D. OFFERE OBJ. ADMITTED NOT
D ADMITTED
APPENDIX C
A WITNESS LIST following the format shown below, along with a copy of all
exhibits, must be prepared and submitted by counsel along with the final pre-trial order
three (3) days prior to the final pre-trial conference. Specific reference is made here to
the terms of the TRIAL ORDER that shall be read and applied in conjunction with the
format below.
APPENDIX "C"
PLAINTIFF
vs. CASE NO.
JUDGE JAMES S. GWIN
DEFENDANT
PLAINTIFF/DEFENDANT WITNESSES
NAME SYNOPSIS OF TESTIMONY
