UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
J. Philip Calabrese
United States District Judge
Northern District of Ohio
Carl B. Stokes U.S. Courthouse, Courtroom 16B
801 West Superior Avenue
Cleveland, Ohio 44113
(216) 357-7265
[email protected]
STANDING ORDER ON CIVIL PROCEDURES
(Updated January 2, 2026)
These procedures apply in all civil matters unless the Court orders otherwise.
A separate order governs the conduct of trials. Once the Court and the parties
schedule a trial in any case, the trial date will not change absent extraordinary
circumstances.
1. Scheduling
In general, when the Court schedules a conference, hearing, or other
proceeding without consulting the parties, if counsel or a necessary party is
unavailable, counsel should confer then submit a notice advising of the conflict, the
reason for it, and three (3) other dates and times in the same general timeframe as
the scheduled proceeding.
Note that this provision does not apply to trial dates, discovery cut-offs, or
other dates established in a case management order. This provision governs status
conferences or hearings set without input from the parties or their lawyers.
2. Jurisdiction and Corporate Disclosure Statement
The Court has an independent obligation to ensure its jurisdiction. In any case
in which the basis for jurisdiction is not apparent, counsel shall be prepared to discuss
the Court’s jurisdiction at the initial case management conference. The Court may
order briefing or other steps to determine jurisdiction as early as possible in the life
of the case.
In addition to the information set forth in Local Rule 3.13, the Court directs
counsel for any corporation to include in the disclosure statement a corporation’s
State of incorporation and principal place of business. Similarly, counsel for any LLC,
LLP, partnership, or similar entity must include in the disclosure the State of
incorporation and principal place of business for the entity and each member of the
entity.
Failure to provide the disclosure that Local Rule 3.13 requires or to include the
information specified in this Section will result in dismissal or remand for failure to
establish that the Court has jurisdiction. On a showing of good cause, the Court may
grant a brief extension for a party to make the required disclosure.
3. Answers, Amendment, and Motions under Rule 12
The Court requires the filing of an answer to the complaint regardless of
whether the defendant has filed or plans to file a motion under Rule 12. The filing of
such a motion shall not delay the time in which the party must answer the complaint.
Accordingly, the Court may construe any motion brought under Rule 12(b)(6) as a
motion for judgment on the pleadings based on Rule 12(c).
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Any motion for leave to amend or an amended pleading filed as of right shall
attach as an exhibit a redline, document showing track changes, or other comparison
showing all amendments or proposed amendments to the original pleading. Further,
the motion shall state whether the defendant has consented under Rule 15(a)(2).
4. Discovery Conference, Joint Discovery Plan, and Initial Disclosures
4.A. Initial Disclosures
The Court strongly prefers that the parties exchange robust initial disclosures
at least seven (7) days before the Rule 26(f) conference to facilitate discussions at the
conference. At the parties’ request, the Court will continue the initial case
management conference to allow the exchange of initial disclosures in advance of the
Rule 26(f) conference. If not made before the Rule 26(f) conference, counsel shall be
prepared to explain at the case management conference why they did not make initial
disclosures before the Rule 26(f) conference, and the parties shall make the
disclosures required by Rule 26(a)(1) within fourteen (14) days after the discovery
conference, unless they agree otherwise in the discovery plan.
4.B. Preparation for the Rule 26(f) Conference
Before counsel of record commit to dates and a discovery plan, the Court
expects that they have consulted with their respective clients and that clients have
provided counsel with sufficient and accurate information to conduct a meaningful
conference with opposing counsel and the Court, including on matters regarding
discovery of electronically stored information.
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4.C. Discovery Conference (Rule 26(f))
As soon as all counsel are identified, but in any event no later than their receipt
of the Notice of Case Management Conference, all counsel shall schedule a date for
the discovery conference required by Rule 26(f). This conference must include any
party proceeding pro se.
4.D. Joint Discovery Plan
Following the discovery conference, and sufficiently in advance of the case
management conference as Rule 26(f)(1) and (2) require, the parties shall file the
discovery plan required by Rule 26(f)(3). They shall use the required form for the
Rule 26(f) Report of the Parties, which is available on the Court’s website under Judge
Calabrese’s Standing Orders. The Court will refer back to this document throughout
the pretrial management of the case.
In addition to counsel, each party must physically (not electronically) sign the
Rule 26(f) Report. Parties may sign the Report in counterparts. In the case of an
entity, the signatory must identify his or her title or position and be a person with
authority to bind the entity to the matters reported. By signing the Rule 26(f) Report,
each party and counsel certify that they have conferred in good faith, the answers
and information provided in the Rule 26(f) Report are complete and accurate to the
best of their knowledge after reasonable inquiry, and no position taken or stated in
this Report is asserted for any improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of litigation.
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5. Case Management Conference
At the initial case management conference, and every other status conference,
hearing, or meeting with the Court, counsel should not make proposals opposing
counsel is hearing for the first time. To make the best use of the Court’s time, any
proposals should be made sufficiently in advance for other parties to confer with their
clients and be in a position to make binding representations and commitments on the
matter.
5.A. Timing
The Court will typically schedule a case management conference to occur
within thirty (30) days of the date of filing of the last permissible responsive pleading,
but not later than ninety (90) days from the date counsel for the defendant(s) enter
their notice of appearance, regardless of whether defendant(s) file a responsive
pleading by that date.
5.B. Attendance of Clients and Parties
Generally, clients or representatives of parties need not attend the conference,
unless the Court orders otherwise. Clients and representatives are welcome to attend
and participate. Any party not represented by counsel must appear at this
conference.
5.C. In-Person Conference
Generally, the conference will be conducted in person, unless otherwise noted
when the conference is scheduled. After conferring, if all parties agree to conduct the
case management conference virtually, they may file a motion no later than seven (7)
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calendar days before the conference, and the Court will likely grant the motion. The
Court will consider such a motion only after the parties have filed the Rule 26(f)
Report.
5.D. Changes by Motion
Any request to excuse or require in-person appearance of counsel, parties, or
representatives or to reschedule the date or time of the case management conference
shall be by motion filed no later than seven (7) calendar days before the conference,
absent extenuating circumstances. Any motion to reschedule the conference shall
identify at least three (3) dates when all participants for all parties are available
within the same general timeframe. Therefore, the movant shall confer with
opposing counsel before filing a motion. Failure to comply with these procedures will
result in denial of the motion. The Court will not entertain telephone calls or emails
requesting that the conference be rescheduled or that lead counsel be excused.
5.E. Agenda
Counsel must be prepared to address and enter into binding commitments on
the following items, as applicable, in addition to those set forth in the Rule 26(f)
report:
• A brief synopsis of the essential facts and legal claims at issue, from each
party’s perspective.
• The key disputes of fact or law that will drive dispositive motions, trial
on the merits, or another resolution. The limited discovery or other case
development required to front those issues.
• Whether the parties made initial disclosures before counsel conducted
the Rule 26(f) conference and, if not, why not.
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• What discovery will likely entail and how much time it will require.
• Matters that will likely require expert testimony and any anticipated
issues relating to experts.
• Any impediment to use of the Court’s electronic filing system.
• What methods of alternative dispute resolution may be appropriate,
whether limited discovery or other expedited or threshold proceedings
may facilitate early or efficient resolution of the parties’ dispute, the
optimal timing for settlement discussions, and what role (if any) the
Court may play to facilitate discussions between the parties.
• Whether any part of the case, specific issues, or limited proceedings
(short of the case as a whole) are appropriate for consent to the
jurisdiction of a Magistrate Judge.
Again, parties should not hear from opposing counsel about proposals for
scheduling or structuring the litigation for the first time at the case management
conference.
5.F. Resolution Before the Case Management Conference
If the parties resolve the case before the conference, counsel shall submit a
jointly signed stipulation of settlement or dismissal and notify the Court
immediately.
5.G. Failure to Appear
Failure to appear at a case management conference may result in the
imposition of sanctions, including an order to show cause why a finding of contempt
is not appropriate. Additionally, it may constitute grounds for dismissal for failure
to prosecute or entry of a default judgment. Counsel’s appearance without authority
to enter into a binding case management order and make commitments about the
case will be treated as a failure to appear.
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5.H. Amending a Case Management Order or Schedule
Once the Court sets deadlines at the case management conference or at any
subsequent conference, the Court will not change them without a showing of good
cause. Typically, good cause requires the movant to show diligence. Good cause does
not include a failure to conduct an adequate investigation or to meet and confer about
the issues before the deadline was set.
6. Discovery
Generally, discovery materials should not be filed with the Court unless a
party is using them to support a motion for which they are required.
6.A. Steps Required Before Filing Any Discovery Motion
Generally, before bringing any discovery dispute to the Court, the party raising
the issue must be in compliance with his, her, or its discovery obligations.
THE COURT DOES NOT PERMIT THE FILING OF DISCOVERY MOTIONS
(including motions to compel, motions to quash, motions for protective order, motions
relating to a subpoena, motions for sanctions, or any other motion available under
Rules 26 through 37) regarding discovery disputes, unless and until counsel use the
following procedure:
1. Counsel must first attempt to resolve disputes by extrajudicial means
(as required under Rule 37(a)(1) and Local Rule 37.1). Generally, efforts to resolve a
dispute over discovery require conferring in person or by telephone, not simply by
email or text message.
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2. If counsel are unable to resolve the dispute, then they must contact
chambers at (216) 357-7265 or
[email protected]. Under
Local Rule 37.1(a)(2), the Court will schedule a conference by phone or Zoom with all
counsel as soon as possible.
3. If the conference does not resolve the dispute, the Court may direct the
parties to submit their respective positions, generally in letter format not to exceed
two (2) pages, to the Court in an effort to resolve the dispute without briefing.
Alternatively, the Court may request that counsel take such other actions as the
circumstances warrant to achieve a prompt and efficient resolution of the dispute.
If the Court is still unable to resolve the dispute, it will inform the parties of
deadlines by which to file their respective motions and briefs. The Court may hold a
hearing on the motion.
6.B. Determinations of Responsiveness (In Camera Review)
In responding to a discovery request, if a party has any question whether
particular documents or information are responsive or discoverable, the responding
party may submit the documents or information to the Court for in camera review.
6.C. Discovery Cut-Off
Discovery requests must be made sufficiently in advance of the discovery
cut-off such that responses are due before the deadline. For example, if the time to
respond to a discovery request under the appropriate rule is thirty (30) days, the
discovery request must be made at least thirty-one (31) days before the discovery
deadline.
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Any facts relating to the case that an expert intends to review must be
disclosed sufficiently in advance of the fact discovery cut-off to allow for reasonable
follow-up discovery.
Similarly, any discovery dispute must be raised sufficiently in advance of the
discovery cut-off to allow the completion of discovery by the deadline.
Counsel, by agreement, may continue discovery beyond the deadline. In that
case, no supervision of or intervention in the continued discovery will be made by the
Court unless there is a showing of extreme prejudice. No dispositive motion deadline
or trial date will be vacated as a result of information acquired during discovery
conducted after the deadline.
Any motion to change a discovery deadline should be made sufficiently in
advance of the deadline and not on the day of the deadline itself.
6.D. Disclosure of Lay Witnesses
Each party shall disclose the name of any lay witness it intends to call at trial
no later than thirty (30) days before the discovery cut-off. Absent a showing of good
cause and extraordinary prejudice, failure to make this disclosure will result in the
preclusion of testimony by the witness.
6.E. Protective Orders
If the parties jointly seek approval and entry of a protective order other than
the one appearing in Appendix L to the Local Rules, they must email a Word version
of the proposed protective order to the Court at Calabrese_Chambers@
ohnd.uscourts.gov.
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6.F. Objections
The Court strongly disfavors boilerplate and general objections. Generally,
such responses will be treated as a waiver of any and all objections, including claims
of privilege. Objections must be made in good faith and with specificity tied to a
particular request. Objections based on undue burden must provide some
explanation, quantification, or other showing of the claimed burden.
6.G. Expert Disclosures
Unless the Court orders otherwise, the first expert disclosure deadline applies
to any expert a party intends to use to carry its burden of proof on any claim or
defense. The second expert disclosure applies to reports rebutting that initial expert
report and may not be used for belated expert disclosures.
An expert may not consider any facts relating to the case unless they are
produced in discovery sufficiently in advance of the fact discovery cut-off to allow a
party to conduct reasonable follow-up discovery based on the disclosure of those facts.
See Rule 26(a)(2)(B)(ii). Any doubts about production or disclosures of such facts
should be resolved in favor of disclosure.
6.H. Deposition Conduct
The Court will strictly enforce the requirements of Local Rule 30.1. Further,
to exercise reasonable control over the mode of witness examinations and the
presentation of evidence, promote the search for truth, avoid wasting time, and
protect witnesses from harassment and undue embarrassment, see Fed. R. Evid.
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611(a); Fed. R. Civ. P. 30(d)(3)(B), the Court admonishes parties and counsel that it
will enforce the following procedures for the conduct of depositions:
1. Counsel must behave professionally at all times during depositions.
Depositions must be civil, and attorneys must be respectful to witnesses, the court
reporter, and other attorneys. Counsel must conduct themselves as if in Court and
as if the jury is watching. See Fed. R. Civ. P. 30(c)(1).
Questioning the Witness
2. Counsel must not interrupt a witness who is answering a question. By
asking a question, counsel has passed the baton to the witness. Let the witness finish.
3. If the questioning attorney interrupts, the attorney for the witness may
insist that the witness be allowed to complete his or her answer.
4. A questioning attorney should not ask the same question over and over.
If the attorney does so, the remedy is to invoke the rule of completeness at summary
judgment or trial. See Fed. R. Civ. P. 32(a)(6). If necessary, and after complying with
Rule 6.A. above, counsel for the witness can seek a protective order if the questioning
attorney unreasonably annoys or oppresses the witness. See Fed. R. Civ. P.
30(d)(3)(A).
5. Do not deliberately mislead the witness with false or incomplete
information. Do not mischaracterize what the witness previously said. Do not
attempt to trick the witness. If the attorney for the witness believes that the
questioning attorney is deliberately mischaracterizing the facts or the testimony,
counsel should take a break and confer. After the deposition, the Court may entertain
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a motion as necessary after the parties have complied with Rule 6.A. above. The
provisions of Rule 37(a)(5) apply to any such motion.
6. Counsel taking and defending the deposition should avoid reiterating or
paraphrasing what the witness previously said. It almost always creates confusion
and trouble. When the questioning attorney paraphrases the testimony, it is common
for the summary to be not quite accurate or complete, which may lead to disputes.
The transcript will speak for itself. On the flipside, the attorney defending the
deposition must avoid repeating prior testimony, which the Court will treat as an
improper speaking objection because it can be a way to signal what future testimony
should be. Avoid saying “you previously told me ‘X,’” or “the witness already testified
that ‘Y.’”
Objections
7. Speaking objections are not permitted. See Fed. R. Civ. P. 30(c)(2).
Unless instructing a witness not to answer a question on the basis of privilege, a
lawyer defending a deposition may say, “Objection, Form” or “Objection, Foundation,”
and nothing more unless specifically asked for the reason a question is perceived to
be defective. That is, the questioning attorney can ask the objecting attorney to
explain the objection and to have an opportunity to “correct[]” the “form of a question
. . . at the time.” Fed. R. Civ. P. 32(d)(3)(B)(i). Only if the questioning attorney asks
for clarification, which invites a more fulsome explanation, may an objecting attorney
say anything other than, “Objection, Form” or “Objection, Foundation.”
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8. In rare and limited circumstances, counsel defending the deposition may
make reasonable, succinct requests for clarification. For example, it is acceptable to
ask the questioning attorney to clarify what month or year he or she is asking about
(if the time period matters), especially when the questioning attorney moves back and
forth between different time periods. As a second example, asking the questioning
attorney to clarify who “he,” “she,” or “they” refer to may be appropriate, if necessary.
Any request for clarification must be unobtrusive, made in good faith, and (hopefully)
rare.
9. Counsel defending a deposition must not coach witnesses, make lengthy
objections, or say or do anything that interferes with the fair examination of the
deponent.
10. The Court will view interjections by counsel such as “if you know,” “if
you remember,” “if you understand,” or “if you have personal knowledge” as an
attempt to coach the witness. Such statements violate this Standing Order.
Evasive or Incomplete Answers
11. Witnesses must give direct answers to straightforward questions. An
“evasive or incomplete disclosure, answer, or response must be treated as a failure to
disclose, answer, or respond.” Fed. R. Civ. P. 37(a)(4). The Court will treat evasive
deposition testimony as a failure, if not a refusal, to testify. Further, the Court may
order a witness who gives evasive answers to sit for an additional deposition, among
other remedies. See Fed. R. Civ. P. 30(d)(1); Fed. R. Civ. P. 37.
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12. If a witness repeatedly filibusters, the witness may become eligible for
extra deposition time. See Fed. R. Civ. P. 30(d)(1). Therefore, there is no reason to
interrupt.
13. In response to a question calling for a “yes” or “no” answer, a witness
should limit the answer to “yes,” “no,” or state that the question cannot be answered
with a “yes” or a “no.” (If truthful, responses of “I don’t know” or “I don’t recall” are
also appropriate.) Counsel for the witness may elicit a more complete response on
redirect. Generally, narrative responses to questions are inappropriate.
Duration of Depositions
The Court will not enforce any agreement to alter the 7-hour duration for a
deposition unless it is in writing. Fed. R. Civ. P. 30(d)(3)(B); Fed. R. Civ. P. 29. One
day of 7 hours means 7 hours on the record exclusive of breaks.
7. Sealing and Redacting Documents Filed with the Court
7.A. Showing and Procedure for Sealing or Redactions
Beyond the requirements of Local Rule 5.2, the Court typically allows parties
to redact specific information (generally a few words), on a limited basis as necessary
to protect bona fide trade secrets or other confidential matters. Before filing a
document with redactions, the party must seek leave to do so, explaining the basis
for each redaction requested, certifying that the party has conferred with the
producing party and the producing party’s position (if the party did not produce the
document), and simultaneously providing unredacted versions of the document at
issue with the proposed redactions highlighted or otherwise marked to the Court for
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review by email to chambers. A motion for leave must be filed sufficiently in advance
of the deadline, typically at least seven (7) days.
Once the Court determines that making redactions is appropriate, the party
must (1) file a redacted version of the document at issue; (2) serve counsel with an
unredacted version; and (3) file an unredacted version under seal. Only in rare
circumstances will the Court permit filing an entire document under seal. The Court
expects the parties to justify any request for redactions or sealing a document in its
entirety under Shane Group, Inc. v. Blue Cross Blue Shield of Michigan, 825 F.3d 299
(6th Cir. 2016), and its progeny.
7.B. The Effect of a Protective Order
In the Court’s view, Shane Group does not authorize filing under seal or
redactions simply because a party produced a document or information marked
confidential under a protective order. Instead, consistent with the law of this Circuit,
the party requesting sealing or redaction must analyze, in detail, document by
document, the propriety of confidentiality, providing reasons and legal citations in
support.
8. Status Conferences
Counsel or pro se litigants may, at any time, request a status conference by
filing a motion, and the Court will likely grant such a request. The Court may also
schedule a status conference on its own initiative. The Court will decide whether a
status conference should proceed in person or using remote technology, but will
generally defer to the judgment of the parties in that regard. Any party wishing to
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address an issue at the status conference shall provide to the Court and the opposing
party, no later than three (3) days before the conference, a summary of each issue the
party intends to raise.
9. Motions and Briefs
The title of any document should not appear in the caption.
9.A. Length of Briefs
The Court will strictly enforce provisions regarding the length of memoranda
filed in support of motions under Local Rule 7.1(f) and this Order. However, the Court
does not count pictures, simple tables, graphs, or other such demonstratives toward
the page limits, preferring that they appear in the text of a brief instead of as an
exhibit or appendix. Motions for relief from the length restrictions must show good
cause for such relief and must be made sufficiently in advance to permit the Court to
rule. Motions for relief from length restrictions filed contemporaneously with a
memorandum exceeding the page limits will be denied. In no event shall the request
to exceed the page limitations extend the time for filing the underlying memorandum.
For purposes of the length of briefs and the deadlines, the Court treats motions
for class certification as dispositive motions but not motions for notice to potential
opt-in plaintiffs in actions under the Fair Labor Standards Act.
9.A.i. Word Limits or Page Limits
Local Rule 7.1(f) sets page limits for briefs on different case management
tracks. To make effective use of technology, and in the interest of using typefaces and
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other tools of widely available word processing software effectively, the Court
encourages parties to use word limits instead of page limits.
Parties may substitute word limits for page limits according to the following
table:
Track Page Limit Word Limit
Expedited 10 3,500
Administrative 20 7,000
Standard 20 7,000
Unassigned 20 7,000
Complex 30 11,000
Mass Tort 40 15,000
If using word limits instead of page limits, briefs must still contain the certification
that Local Rule 7.1(f) requires, with reference to the appropriate track and word limit.
Briefs exceeding 7,500 words must have a table of contents and a table of authorities.
9.A.ii. Footnotes
Footnotes, if they must be used at all, may not be used to evade the page limits
of Local Rule 7.1(f). The Court will strike any memorandum containing an inordinate
number of footnotes or lengthy footnotes. Generally, citations should appear in the
text of a brief, not in footnotes.
9.A.iii. Formatting
The Court will strike any memorandum taking liberties with formatting to
comply with the page limits of Local Rule 7.1(f). All briefs and memoranda shall have
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(1) one-inch margins on all sides; (2) double-spaced text with a minimum of 12-point
font in Times New Roman, Century Schoolbook, or similar proportionally spaced
typeface; (3) footnote text in at least 10-point font in the same typeface as the main
body of text; and (4) citations in the main body of text and not in the footnotes.
9.B. PDF Formatting
Because the Court works almost entirely electronically and without paper, all
motions and briefs should be filed in a text-searchable PDF format. To the greatest
extent practicable, depositions transcripts and other exhibits should be too. The
Court strongly prefers that PDFs contain (1) bookmarks of internal divisions for
easier navigation (which are created using styles), and (2) hyperlinks both in any
tables and in the body of the document to the record and authorities cited and internal
hyperlinks to facilitate electronic movement through the memorandum.
9.C. Reply Briefs
Absent unusual or extraordinary circumstances, reply briefs should not
present new evidence or arguments.
9.D. Surreplies
No surreplies will be permitted absent leave of Court, which will be given
rarely and only for truly good cause.
9.E. Memoranda in Cases with Multiple Plaintiffs or Defendants
Generally, the Court will require multiple parties on the same side of the “v”
to file and join a single brief raising all issues and arguments the parties intend to
present. For example, if three defendants move to dismiss a complaint or for
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summary judgment, they shall file one brief—even if the parties raise different
grounds or the arguments involve different claims. A party may note in the
memorandum that it is not joining a particular argument. If appropriate, the Court
will consider adjusting page limits or deadlines within reason to accommodate the
filing of a single memorandum so long as such a request is made sufficiently in
advance of the deadline.
Similarly, the opposing party must file a single memorandum addressing all
issues when responding.
9.F. Cross-Motions
If the parties anticipate or engage in cross-motion practice (e.g., each party
files a motion under Rule 12 or Rule 56), the Court generally prefers and will order a
four-brief schedule. Under this approach, the movant files an opening brief. In
response, the opposing party files a single brief, which is a combined cross-motion
and response brief. Then, the movant files a combined response brief and reply in
support of the original motion. The closing brief is the opposing party’s reply. The
Court prefers this four-brief structure and finds it more efficient than a competing
six-brief cross-motion approach with simultaneous deadlines.
9.G. Emergency Motions and Motions for Injunctive Relief
If a party seeks a temporary restraining, a preliminary injunction, or files any
motion on an emergency basis, in addition to the requirements of Rule 65(b), if
applicable, the movant shall certify that the motion, after conferring with opposing
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counsel, is necessary or certify the reasons why prior consultation with an opposing
party was not possible or practicable.
9.H. Courtesy Copies
The Court directs parties not to provide courtesy copies of any filings to
chambers unless otherwise ordered. If the Court requests a courtesy copy of any brief
or document, the copy provided must include the CM/ECF heading with the document
number and page identification number.
9.I. Proposed Orders
Parties should not file proposed orders with any motion unless the Court
requests otherwise.
9.J. Copies of Cases and Unreported Authorities
Memoranda need not attach copies of cases or other authorities, whether
reported or not, unless those authorities may not be easily found in a generally
available database, such as Westlaw or LEXIS.
Citations without a pinpoint cite are not helpful, and parties should not include
them.
9.K. The Record: Exhibits, Depositions, Hyperlinks, and Citations
The Court requires the filing of depositions, deposition exhibits, and exhibits
to any dispositive motion in a separate filing before the filing of such motion in which
the movant will cite the depositions and exhibits. Doing so creates a unique page
identification number that makes citation easier and facilitates electronic review of
motions and supporting materials.
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Where a document already exists on the record, counsel shall not file another
copy of it in connection with any filing. Instead, parties shall use the earlier filed
version to avoid duplication.
If referencing materials available on the internet, counsel shall make a PDF of
such material a part of the record to avoid the link changing or becoming corrupted
before the Court consults it.
All citations to the record within the motion should be in the form of PageID
numbers, which are generated after a document is filed on CM/ECF. Deposition
testimony and exhibits must be cited by ECF No. and PageID # in all dispositive and
pretrial motions.
When docketing exhibits, the Court encourages counsel to provide a
meaningful name for the exhibit that will be appear on the docket. For example,
“Smith Deposition” instead of “Exhibit C.”
The Court prefers full page transcripts of depositions, not minuscripts.
If filing a document previously filed electronically in this or any other case,
please remove the ECF header from the previous filing so that the PageID # in this
case is readable.
9.L. Supplemental Authority
If pertinent and significant authorities come to a party’s attention after the
party’s brief has been filed or after oral argument but before decision, a party may
promptly advise the Court by filing a notice of supplemental authority, with proper
citations. The notice must state the reasons for the filing, referring either to a specific
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page identification number or to a point argued orally. The notice must not exceed
350 words. Any response must be made promptly and must be similarly limited.
9.M. Motions for Reconsideration
Motions for reconsideration are disfavored in the law. Absent specific,
articulable grounds set forth in Rule 59 or Rule 60, as the case may be, a party may
not seek reconsideration. Nonetheless, if a party files a motion for reconsideration
(however styled, whatever it is called, under whatever Rule), such a motion shall not
exceed two pages (or 500 words). In the Court’s view, that limited space suffices to
identify a proper basis that meets the high standard for reconsideration. If the Court
requires a more complete explanation, it will request one. If a party files a motion
for reconsideration that does not comply with this provision, the Court will strike it
and give it no further consideration. Similarly, if the Court requires a response to a
motion for reconsideration, it will request one. Otherwise, the Court will proceed to
decide the motion, and no other party need respond.
9.N. Motions to Compel Arbitration
The Court treats any motion to compel arbitration (including motions to stay
or dismiss to allow the parties to arbitrate) as non-dispositive for purposes of setting
the deadlines and page limits for motions and briefs.
9.O. Briefs of Amicus Curiae
9.O.i. Filing of Amicus Briefs
Any amicus curiae may file a brief, on the same day as the brief of the party
the amicus is supporting, only with leave of Court or if the brief states that all parties
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have consented to its filing. Ordinarily, any party shall consent to an amicus filing
absent good cause. The Court will prohibit the filing of or strike an amicus brief that
would result in disqualification.
9.O.ii. Length of Amicus Briefs
No amicus brief may exceed one half the applicable page limit in Local
Rule 7.1(f) for the brief of a party. The Court will strike any amicus brief that it
perceives is an effort for a party to circumvent the page limits of the Local Rules or
the word limits of this Order.
9.O.iii. Contents and Form of Amicus Briefs
In addition to the requirements of Local Rule 7.1, the brief of an amicus curiae
must include a corporate disclosure statement (if applicable) and a concise statement
of the identity of the amicus curiae and its interest in the case.
An amicus brief must also state whether a party or party’s counsel authored
the brief in whole or in part, a party or a party’s counsel contributed money that was
intended to fund preparing or submitting the brief, and a person—other than the
amicus curiae, its members, or its counsel—contributed money that was intended to
fund preparing or submitting the brief and, if so, the brief must identify each such
person.
Amicus briefs that merely restate the arguments of a party are not helpful.
10. Summary Judgment
No party may file more than one motion for summary judgment without leave
of Court, which will be granted rarely and only on a showing of good cause.
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Absent an order to the contrary, a party may not file a motion for summary
judgment in response to another party’s motion for summary judgment. In other
words, all dispositive motions are due on the deadline in the case management order.
If more than one party anticipates filing a dispositive motion, they should
advise the Court when the motion deadline is set. As set forth above, the Court
prefers a four-brief approach to cross-motions, which would alter the general rule that
all dispositive motions are due on the deadline in the case management order.
A motion in limine may not be used as a substitute for summary judgment.
11. Final Pretrial Conference
Unless otherwise ordered, the following must attend a final pretrial conference
in person: (1) lead trial counsel, (2) parties, and (3) a representative with full and
final decisional authority, including settlement authority. If any such person is
unable to attend in-person, counsel must file a motion, showing good cause, as far in
advance of the final pretrial conference as possible and in no event less than 48 hours
before the conference. Counsel may not file such a motion without first conferring
with all other parties. Before the final pretrial conference, the parties are expected
to exchange at least two rounds of good-faith demands and offers.
The term “parties” means either the named individuals or, in the case of a
corporation or entity, the person most familiar with the actual facts of the case. Party
does not mean in-house counsel.
“Full and final authority” means the actual ability to enter into binding
commitments on all factual and legal issues without further consultation. With
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respect to settlement authority, the representative must have full and final authority
up to the last demand or amount remaining in controversy.
12. Dismissal of Parties or Claims
Unlike practice in State court, Rule 41 contemplates the dismissal of an action,
not an individual party or claim. Sixth Circuit precedent does not permit the use of
Rule 41 to dismiss fewer than all parties or claims. See Philip Carey Mfg. Co. v.
Taylor, 286 F.2d 782, 785 (6th Cir. 1961). Rule 21 governs dismissal of fewer than
all claims or parties. See id.
Therefore, a dismissal of a party or claim must be brought as a motion under
Rule 21. Failure to do so will result in striking a notice or motion filed under Rule 41.
Any motion brought under Rule 21 to dismiss a party or claim shall state whether,
after consultation, any other party opposes or objects to the motion.
13. Alternative Dispute Resolution
Additional information about options for alternative dispute resolution may be
found here on the Court’s website. Regarding mediation, the parties may (1) use a
private mediator; (2) agree to mediation with the assigned Magistrate Judge; or (3)
request a referral to the Court’s ADR Office, which maintains a list of experienced
neutrals, including in certain specialized areas of the law. Instead of the ranking and
selection process that the Court’s ADR Office administers, the parties may agree on
a specific neutral from the list.
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14. Settlement and Dismissal of the Case
If the parties reach a settlement of the case and undertake or are ordered to
file a dismissal within a specified period of time, the Court expects a stipulation
dismissing the action to be filed by that date. If it is not, the Court will schedule an
in-person hearing at which counsel of record, the parties (including in-house counsel
and those with knowledge of the facts at issue), and any person with settlement
authority must appear and explain the status of the case.
15. Attorneys’ Fees
In all cases brought under a statute with a fee-shifting provision and in all
class actions, beginning with the transmission of the initial demand and within two
(2) weeks of the last day of every quarter during the calendar year after that (March
31; June 30; September 30; December 31), the party claiming fees shall provide to
opposing counsel a statement showing the gross amount of attorneys’ fees, costs, and
any other items for which the party will seek reimbursement incurred to that date.
16. Default Judgment
If requesting attorneys’ fees or costs in connection with a motion for default
judgment, the Court reminds counsel to provide proper support for such a request,
including sufficient lodestar information when seeking a default judgment. Failure
to do so will result in denial of any such request.
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17. Contact with the Court
17.A. During the Life of a Case
Telephone calls or emails to chambers should be limited to raising discovery
issues as set forth above, to scheduling matters, or as the Local Rules permit.
Because the Court speaks through its docket, parties shall make any requests by
written motion filed on the docket.
17.B. Upon the Conclusion of a Matter
When a matter has ended, counsel may jointly or ex parte request the
opportunity for feedback on briefing, argument, or other aspects of their advocacy.
18. Counsel Admitted Pro Hac Vice
The Court expects counsel admitted pursuant to Local Rule 83.5(h) to
familiarize themselves with the Local Rules and the practices and procedures set
forth in this Standing Order. An order granting admission pro hac vice is conditioned
on counsel’s registration and participation in the Court’s electronic filing system.
Permission is conditional only and may be revoked at any time.
19. Conduct of Counsel
Pursuant to the Statement on Professionalism the Supreme Court of Ohio
issued on February 3, 1997 and updated in October 2021, the Court expects counsel
to be courteous and civil in all oral and written communications with each other and
the Court. The Court will not accept any communication or filing that does not
conform to this standard. The Court reserves the right to sanction conduct that does
not meet this standard.
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20. Sanctions
Generally, requests for sanctions should be rare and directed to the most
egregious conduct that falls outside the bounds of professional norms. See Harrison
Prosthetic Cradle Inc. v. Roe Dental Lab., Inc., 608 F. Supp. 3d 541, 551 (N.D. Ohio
2022). If counsel or a party seeks sanctions under Rule 11, Rule 37, or on any other
basis, the Court will strictly enforce the requirements for bringing such a motion,
including the provisions of this Order.
21. Opportunities for Less Experienced Lawyers
The Court strongly encourages parties to allow less experienced lawyers the
opportunity to participate actively in cases by presenting arguments at motion
hearings, appearing at pretrial conferences, taking the lead at the initial case
management conference or other status conferences, or examining witnesses at trial.
Therefore, the Court may alter its practices in this Order to afford opportunities to
less experienced lawyers. For example, the Court may allow a bifurcated oral
argument in which a senior attorney presents one portion of the argument and a
newer lawyer who has worked on the case presents the other portion. Similarly, at
trial or evidentiary hearings, the Court may relax the usual one-lawyer-per-witness
rule to allow less experienced lawyers an opportunity to examine witnesses.
21.A. Pretrial Proceedings
If a written notice is filed before a ruling on any motion stating that a lawyer
of five or fewer years in practice will deliver the oral argument or at least a material
part of it, then the Court will hear oral argument on the motion. On such a request,
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the Court may schedule or the parties may request a status conference to set or clarify
the logistics for the oral argument. This provision applies to rulings on objections to
any report and recommendation from a Magistrate Judge, including in social security
cases.
21.B. Participation at Trial or Evidentiary Hearings
Counsel seeking permission to bifurcate witness examinations or arguments
on issues arising during trial (such as a motion under Rule 50 or anticipated
evidentiary issues) should raise the issue at the final pretrial conference.
SO ORDERED.
Dated: January 2, 2026
J. Philip Calabrese
United States District Judge
Northern District of Ohio
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