Judge Jack Zouhary
United States District Court
Northern District of Ohio
Rev. 5/2022
CIVIL CASE MANAGEMENT PROCEDURES
JUDGE JACK ZOUHARY
United States District Court
Northern District of Ohio, Western Division
1716 Spielbusch Avenue, Room 203
Toledo, OH 43604
(419) 213-5675
zouhary
[email protected]
Unless otherwise ordered, counsel should be prepared to comply with the following case
management practices designed to advance the promise of Federal Civil Rule 1.
1. Initial Procedures
Case Intake
When a new case is assigned to Judge Z, a member of Chambers staff typically contacts
Plaintiff’s counsel with a few routine, non-substantive intake questions. E.g., is the
identity of defense counsel known? Have the parties engaged in any pre-filing settlement
discussions?
Once Defendant enters an appearance (or sometimes sooner, if defense counsel is already
known), Chambers staff will contact counsel for both sides to schedule an Initial
Telephone Conference.
Initial Telephone Conference
Counsel should be prepared to bring Judge Z up to speed on the facts of the case, any
settlement discussions, and any key issues that have emerged so far. Judge Z will then set
a Case Management Conference (CMC) -- preceded by a Settlement Conference, if
requested (see below).
NOTE: No Motions to Dismiss may be filed before the Initial Telephone Conference.
Judge Z requires counsel to discuss the basis for any Motion to Dismiss and routinely
grants Plaintiff an opportunity to amend the Complaint to cure any perceived defect. If
the answer date falls before the Initial Telephone Conference, the deadline will be
automatically tolled to allow counsel to discuss any motion practice.
Judge Z encourages counsel to evaluate jurisdictional or other strictly legal issues that can
be resolved early in the case, with little or no discovery.
Initial Disclosures
Judge Z takes a robust view of the initial disclosure requirement under Federal Civil Rule
26(a)(1). He requires the parties to turn their cards over at the beginning of the case --
that means both sides must produce actual documents, not just a list of responsive items.
Judge Z typically requires parties to complete their disclosures before the CMC, so the
Court and counsel can agree on a realistic case schedule.
2. Settlement & Case Management Conferences
At the request of counsel, Judge Z will hold a “combo” Settlement and Case Management
Conference. This means he first assists the parties in making good faith settlement efforts.
If the case does not resolve, he then proceeds to discuss a case schedule.
If the parties wish to discuss resolution, counsel and representatives with full settlement
authority must attend in person or remotely, unless excused. If the conference is limited
to setting a case schedule, Judge Z will allow counsel to attend by phone or Zoom -- but
counsel and clients are always welcome to attend in person.
If, during the course of the case, counsel reach agreement to adjust discovery deadlines,
court approval is not needed -- as long as those extensions do not affect the trial date.
Judge Z will not extend a previously set trial month or date absent good cause -- really
good cause.
3. Motions Practice
General Rules
Unless otherwise ordered, counsel are expected to adhere to the requirements of Local
Civil Rule 7.1 regarding response deadlines and page limits. No reply briefs may be
filed without prior authorization. Judge Z will hold oral argument if he believes it will
be helpful and often submits questions in advance of the hearing. He also encourages
newly minted lawyers to argue whenever possible.
Briefs shall be double-spaced (except for the block quotes), in a font not less than 12
points in size, with margins of not less than one inch. All documents must be text-
searchable PDFs. Footnotes are strongly discouraged.
Counsel shall promptly submit to Chambers a bound and tabbed courtesy copy of all
briefing with supporting materials. While full deposition transcripts are separately filed
by counsel on ECF, the courtesy copy should only contain deposition cover sheets and
pages referenced in the briefing, with the relevant language highlighted.
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Discovery Disputes
Judge Z takes seriously the 2015 Federal Civil Rule Amendments and the mandate that
discovery must be proportional to the needs of the case. Parties are encouraged to conduct
themselves accordingly.
No Motion to Compel, Motion for Protective Order, or Motion for Sanctions may be filed
unless the parties have made good faith efforts to resolve the discovery dispute. If they
are unable to do so, counsel must contact Chambers to request a Telephone Conference.
Local Civil Rule 37.1 governs discovery disputes, and counsel are expected to comply
with the procedures outlined in that Rule.
Summary Judgment
Much like discovery motions, Motions for Summary Judgment may not be filed unless
the parties have conferred in good faith and exchanged letters outlining their respective
positions with legal authorities.
If a party intends to move for summary judgment, counsel shall meet and confer about the
merits of the proposed motion. If the moving party still intends to file, it shall briefly
outline, in letter format, the merits of the motion, including critical record and legal
citations. Opposing counsel shall respond in writing, specifically identifying genuine
disputes of material fact that preclude summary judgment on those claims. These letters
should not be full briefs; they are intended to be short and succinct outlines. Bullet points
are encouraged. See Judge Z’s website (Standing Orders) for sample Letters.
https://www.ohnd.uscourts.gov/content/judge-jack-zouhary
The letters shall be ECF-filed as a joint attachment to a Motion for a Telephone
Conference with this Court. Judge Z will then hold a Conference to discuss the basis for
the Motion and, if appropriate, set a briefing schedule. Counsel should be prepared to
identify the key issues and points of disagreement.
4. Civility
Judge Z reminds counsel of the importance of civility in their interactions with colleagues
both in and out of the courtroom. He expects lawyers to maintain the highest standards
of professionalism, both as a courtesy, and as a necessity to effectively represent their
clients.
IT IS SO ORDERED.
s/ Jack Zouhary
JACK ZOUHARY
U. S. DISTRICT JUDGE
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