UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
JOHN DOE, et al., ) CASE NO. 1:19cv000
)
)
Plaintiff(s), ) JUDGE DAN A. POLSTER
vs. )
)
) CASE MANAGEMENT CONFERENCE
JANE DOE, et al., ) SCHEDULING ORDER
)
Defendant(s) . )
Persons who practice before this Court are expected to familiarize themselves with the
Local Civil Rules of the United States District Court for the Northern District of Ohio1 (Local
Rules) and the Federal Rules of Civil Procedure (Fed. R. Civ. P.). They are also expected to read
this Order, which departs from the Local Rules in minor but important respects, and follow the
Order in its entirety. Do not delegate the responsibility for reading this Order and complying
with it to a secretary, paralegal, or other non-attorney staff member in your office.
I. NOTICE OF THE CASE MANAGEMENT CONFERENCE
The above-entitled action has been set for a Case Management Conference (CMC) on
_______________ at ______ before Judge Dan A. Polster, in Chambers 18B, 801 W. Superior
Ave., Cleveland, Ohio. Counsel of record who is familiar with the legal and factual issues in the
case and who is prepared to participate in settlement discussions should they arise shall attend
this Conference in person. To encourage the participation of newer attorneys, in particular
women and minorities, this Order specifically modifies the “lead counsel” requirement as
described in Local Rule 16.3(b)(1). All parties shall also attend this conference in person. Local
Rule 16.3(b). “Parties” means the named individuals or, in the case of a corporation or similar
legal entity, a person with knowledge of the facts who has full settlement authority. In addition,
if there is, arguably, insurance that covers a plaintiff’s claim(s), Judge Polster expects an
insurance representative with full settlement authority to attend the CMC. If the presence
1
The Local Rules can be accessed over the Internet at the following link:
http://www.ohnd.uscourts.gov/home/rules-and-orders/local-civil-rules/
of a party, lead counsel, or the insurance representative will constitute an undue hardship, a
written motion to excuse the presence of such person must be filed well in advance of the CMC.
II. CONSENT TO JURISDICTION OF MAGISTRATE JUDGE
Magistrate Judge ____________ has been assigned to assist in this case. The parties are
encouraged to discuss and consider consenting to the jurisdiction of the Magistrate Judge. See
Attachment 1.
III. DIFFERENTIATED CASE MANAGEMENT
This case is subject to the provisions of Differentiated Case Management (DCM) as set
forth in Local Rules 16.1 to 16.3. Each of the tracks (expedited, standard, complex, mass tort,
and administrative) has its own set of guidelines governing discovery practice, motion practice
and trial practice. Read and pay particular attention to Local Rules 16.1 to 16.3 for track
assignment guidelines, Fed. R. Civ. P. 26 and Local Rule 26.1 for discovery practice, Local Rule
7.1 for motion practice and page limitations, and Local Rule 37.1 for resolving discovery
disputes.
IV. PREPARATION FOR THE CMC: The Planning Meeting; Report of the Planning
Meeting
The agenda for the CMC is set forth by Local Rule 16.3(b)(2). Both federal and local
civil rules require counsel of record and all unrepresented parties to confer with one another well
in advance of the CMC in an effort to agree in good faith upon the items listed in the agenda,
including a track assignment and discovery schedule. See Local Rule 16.3(b)(3); Fed. R. Civ. P.
26(f). This conference is called the “Planning Meeting.” The local and federal civil rules place
responsibility for arranging the Planning Meeting jointly on the parties; however, to avoid
confusion, the undersigned places the ultimate burden of arranging the Planning Meeting on
counsel for Plaintiff(s).
In addition to reviewing the agenda items listed in Local Rule 16.3(b)(2) at the Planning
Meeting, counsel must determine whether there will be discovery of electronically stored
information, or E-discovery. If counsel anticipate E-discovery, they must decide upon a method
2
for conducting such discovery or they must agree to abide by the default standard set forth in
Appendix K to the Local Rules. See Attachment 2.
The Court also requires Plaintiff(s) to make a demand upon Defendant(s) with a written
description and monetary breakdown of the damages claimed, and Defendant(s) to respond with
a counteroffer – all well before the CMC.
Attached to this Order is a form entitled “Report of the Parties’ Planning Meeting.”
Attachment 3. Counsel shall jointly report the results of the Planning Meeting to the Court by
filling in the form and adding the information about the demand, the counteroffer and E-
discovery (if applicable). After counsel sign the Report, Plaintiff’s counsel shall file the Report
and fax a copy of it to Chambers (216-357-7195) no later than 12:00 p.m. on _________.
V. THE CASE MANAGEMENT CONFERENCE
The Court will review the Report of the Parties’ Planning Meeting, evaluate the case in
accordance with Local Rule 16.2(a)(1), assign it to one of the case management tracks described
in Local Rule 16.2(a)(2), and issue a Case Management Plan.
VI. DISCOVERY
A. INITIAL DISCLOSURES
With the exception of certain cases enumerated in Fed. R. Civ. P. 26(a)(1)(B),2 parties
must, without awaiting a discovery request, provide to opposing parties the initial disclosures set
forth in Fed. R. Civ. P. 26(a)(1) and (2). The parties must make initial disclosures no later than 7
days before the CMC. The parties must file copies of the initial disclosures with the Court at
least 2 days before the CMC.
B. FORMAL DISCOVERY
The moratorium on formal discovery prior to the Rule 26(f) conference, set forth in Fed.
R. Civ. P. 26(d)(1), is hereby extended until after the CMC with the following exceptions:
2
The following categories of proceedings are exempt from the initial disclosure requirements of
Rule 26(a)(1): reviews of administrative decisions, federal forfeiture cases, habeas petitions, pro se
prisoner civil rights cases, actions to enforce or quash an administrative summons or subpoena,
government collection cases, miscellaneous proceedings, and actions to enforce arbitration awards.
3
(1) disclosures required by Fed. R. Civ. P. 26(a), (2) early Rule 34 requests addressed by Fed. R.
Civ. P. 26(d)(2), and (3) discovery that is necessary and appropriate to support or defend against
any challenge to jurisdiction or claim for emergency relief, whether temporary or preliminary.
C. FILING OF DISCOVERY MATERIALS
Unless otherwise ordered by the Court, discovery depositions, interrogatories, requests
for documents, requests for admissions, and answers and responses thereto shall not be filed with
the Clerk’s Office, except that discovery materials may be filed as evidence in support of a
motion or for use at trial.
If a party intends to rely on deposition testimony in support of its position on a motion,
the Court prefers the filing of the entire deposition rather than excerpts, unless the party truly
believes that excerpts are sufficient, and with the proviso that any other party who believes the
excerpts offered are not sufficient is free to file the entire deposition. In any event, discovery
material submitted in support of any party’s position shall be filed at the same time as that party’s
memorandum setting forth its position.
VII. ELECTRONIC FILING
The U.S. District Court for the Northern District of Ohio requires attorneys in civil cases
to file documents with the Court electronically over the Internet through its Case Management /
Electronic Case Files (CM/ECF) system. The Court orders that all further documents, notices
and orders in this matter be filed electronically rather than on paper, except as provided in The
Electronic Filing Policies and Procedures Manual, which is Appendix B to the Local Rules. The
Manual provides helpful information on system requirements and usage. Notice of filings are
sent electronically. It is the responsibility of each counsel of record to set up a user account to
receive e-mail notice of court filings and to check his or her e-mail box on a regular basis.
Directions for setting up e-mail notice can be accessed at the following link:
www.ohnd.uscourts.gov/Electronic_Filing/electronic_filing.html
The Office of the Clerk of Court has established an Electronic Filing Help Desk to answer
questions and provide assistance if needed. The Help Desk number is 1-800-355-8498.
4
VIII. COURTESY COPIES
Chambers will not accept courtesy copies of pleadings or memoranda unless expressly
requested by the Court, with the following exception. Any pleadings or memoranda filed within
two (2) business days of a conference/hearing/trial shall be filed electronically via CM/ECF as
well as served upon opposing counsel on the same day it is filed.
IX. DEPOSITIONS PRACTICES
The Judges of the Northern District of Ohio have adopted Local Rule 30.1, which governs
the scheduling and taking of depositions, and which is intended to significantly decrease
discovery disputes. A copy of this rule is located at Attachment 4. Counsel are expected to read
this rule and comply with it.
X. PRELIMINARY ESTIMATE/BUDGET OF FEES AND EXPENSES REPORT
Certain claims allow for, or entitle, prevailing parties to collect attorney fees from the
other party. If this case contains such a claim, each party must bring to the Case Management
Conference a preliminary estimate and/or budget of the amount of fees and expenses anticipated
to be the subject of any such claim. A Preliminary Estimate/Budget of Amount of Fees and
Expenses form, located at Attachment 5, is provided for the parties’ convenience. Lead counsel
of record shall provide a copy of this report to his or her client prior to the CMC, where the
reports will be exchanged.
XI. RESOLUTION PRIOR TO CMC
In the event that this case is resolved prior to the CMC, counsel shall submit a jointly
signed stipulation of settlement or dismissal and notify the Court immediately by telephone or
fax that the same is forthcoming.
IT IS SO ORDERED.
Dan Aaron Polster
United States District Judge
5
Understanding the Function and Purpose
of United States Magistrate Judges.
The backbone of an independent federal
judiciary is life-tenured judges appointed under
Article III of the Constitution. In America's federal
trial courts, justice is administered by life-tenured
District Judges, and by judges who serve
fixed-terms: United States Magistrate Judges
and United States Bankruptcy Judges.
This brochure illuminates the function
and purpose of United States Magistrate Judges
who are independent judges serving federal
district courts in an adjunct capacity by dealing
with cases, or parts of cases, assigned to them
by district judges.
United States Title and Manner of Addressing a United
Magistrate Judges States Magistrate Judge.
• The official title of these judges
Their Function is"United States Magistrate Judge."
And Purpose
In Our • A United States Magistrate Judge
Federal Courts should be addressed, orally and in
writing, as ''Judge______ ," to be
consistent with the position's judicial
role and official title as prescribed by
law.
• Although some state courts have a
judicial officer called a "magistrate,"
that title as applied to a United States
Magistrate Judge is obsolete. To
address these judges simply as
"Magistrate" is akin to improperly
addressing a Lieutenant Colonel as
"Lieutenant," or a Bankruptcy Judge
as "Bankruptcy."
A Publication of Federal Magistrate Judges Association
Answers to Some
Commonly Asked Questions.
Q: What are the standards for Q: Are a party’s rights affected when
selecting a federal magistrate litigants consent to have a magistrate
judge? judge hear a case?
A: To be appointed as a magistrate judge,
A: Consenting to jurisdiction of a magistrate
an individual must:
judge does not eliminate substantive or
• have been a member in good procedural rights litigants would otherwise
standing of the bar of the highest have before a district judge. For example,
court of a State, District, Territory, or parties retain their right to have a jury trial.
Commonwealth of the United States
for at least five years; Q: Do magistrate judges handle many
• be determined by the appointing civil jury cases?
district court to be competent to
perform the duties of the office; A: Yes. In 1999, magistrate judges conducted
• be unrelated to a judge of the approximately 21 percent of the civil jury
appointing court; and trials in United States district courts. When
• be selected pursuant to standards all parties consent, magistrate judges may
promulgated by the Judicial conduct trials and enter judgments in civil
Conference of the United States. cases of any type or size.
Q: What’s the difference between a Q: Do magistrate judges handle many
district court judge and a criminal cases?
“magistrate judge’s court”?
A: Yes. With consent of defendants,
A: There is no “magistrate court.” Both
magistrate judges may preside in Class A
district and magistrate judges preside in
misdemeanor cases, including conducing
United States District courts created
jury trials. In 1999, magistrate judges
under Article III of the Constitution.
terminated 10,733 Class A misdemeanor
Q: What’s the difference between cases. Although magistrate judges do not
preside at felony trials, They may also
district and magistrate judges?
conduct preliminary and post-conviction
A: District judges are life-tenured judges proceedings in felony cases. Magistrate
nominated by the President and judges may conduct trials that dispose of all
confirmed by the Senate. Magistrate petty offense cases with the defendant’s
judges are fixed-term judges appointed consent.
by district judges for eight-year
renewable terms via a merit selection
process.
Q: How do civil litigants request trial
before magistrate judges?
A: All parties must consent in writing and
the case must be officially transferred by
the district judge. Forms are available
from the Clerk of Court.
The Role of Magistrate Judges. A Historic Overview.
United States Magistrate Judges are The United States magistrate judge
generalist judges with a broad range of system evolved from the United States
responsibilities. While their duties may commissioner system established in 1793.
vary with the specific needs of each In 1965, Congress conducted an exhaustive
district court, Magistrate Judges handle a examination of the commissioner system.
wide array of federal civil and criminal Witnesses overwhelmingly favored
cases nation wide. overhauling the system and enhancing the
commissioner position.
A sampling of the judicial functions
The Federal Magistrates Act of 1968
performed by Magistrate Judges
created the position named United States
demonstrates the potential breadth of magistrate to denote the break with the
their authority: commissioner system. The Act increased
• Presiding at civil jury trials by the criminal trial jurisdiction of these new
judicial officers over that of commissioners,
consent of the parties and entering
and also authorized the new officers to
judgments;
assist judges of district courts in handling a
• Presiding at criminal misdemeanor wide range of proceedings in civil and
jury trials by consent of the parties criminal cases.
and imposing sentences;
In 1976, 1979 and 2000, further
• Pretrial case management in amendments were enacted which
complex civil cases; specifically:
• Conducting preliminary proceedings • Authorized magistrate judges to try any civil
in all criminal cases; case upon consent of the parties and to
order the entry of final judgment;
• Conducting settlement conferences; • Expanded trial jurisdiction of magistrate
judges to all federal misdemeanors;
• Hearing and determining pretrial
• Required that magistrate judges be selected
motions;
and appointed in accordance with
• Hearing and recommending regulations promulgated by the Judicial
disposition of summary judgment Conference of the United States;
and other case dispositive motions; • Expanded magistrate judges' civil and
criminal contempt authority;
• Reviewing prisoner suits collaterally • Gave magistrate judges plenary authority in
attacking convictions or complaining Class B and C misdemeanor cases without
of conditions of confinement; and the consent of the defendant; and
• Gave magistrate judges authority to
• Issuing arrest and search warrants. sentence juvenile defendants to terms of
imprisonment in misdemeanor cases.
UNITED STATES DISTRICT COURT
Northern District of Ohio
Plaintiff CONSENT TO EXERCISE OF JURISDICTION
BY A UNITED STATES MAGISTRATE JUDGE
v. AND ORDER OF REFERENCE
Case Number:
Defendant
CONSENT TO EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE
In accordance with the provisions of 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, the parties in this case
hereby voluntarily consent to have a United States magistrate judge conduct any and all further proceedings
in the case, including the trial, and order the entry of a final judgment.
Signatures Party Represented Date
ORDER OF REFERENCE
IT IS HEREBY ORDERED that this case be referred to United
States Magistrate Judge, for all further proceedings and the entry of judgment in accordance with 28 U.S. C.
636(c), Fed.R.Civ.P. 73 and the foregoing consent of the parties.
Date United States District Judge
NOTE: RETURN THIS FORM TO THE CLERK OF THE COURT ONLY IF ALL PARTIES
HAVE CONSENTED ON THIS FORM TO THE EXERCISE OF JURISDICTION BY
A UNITED STATES MAGISTRATE JUDGE.
UNITED STATES DISTRICT COURT
Northern District of Ohio
NOTICE & ORDER
Pursuant to 28 U.S.C. §636(c)(1) and LR 73.1, a Magistrate Judge of the Northern District of Ohio may, upon
consent of all parties to an action, and entry of an order of reference by the Judge, exercise trial jurisdiction in
civil actions, both jury and non-jury, and enter final judgment therein.
If all parties to this action consent and an order of reference is entered, the case will be assigned to a
Magistrate Judge pursuant to LR 73.1. If all parties do not consent, or if an order of reference is not entered,
the action will remain with the Judge to whom it is assigned. The decision of counsel on this matter of
consent is entirely voluntary. Your response is joint, and disclosure of individual decisions is not required.
Pursuant to Local Civil Rule 73.1, Recusal, Resignation or Death of Magistrate
Judge, where the parties have consented of the transfer of a civil case to a Magistrate Judge under section
(a) above, if the Magistrate Judge thereafter recuses, resigns or dies, the case shall be returned to the
District Court Judge. The Clerk shall immediately assign another Magistrate Judge by the random draw and
notify the parties of such new assignment. Within ten (10) days after such notification by the Clerk, the parties
shall indicate their consent, or lack thereof, to transferring the case to the newly-assigned Magistrate Judge
under 28 U.S.C. §636(c). If the parties do not consent to the transfer, the case shall remain with the District
Court Judge.
At the time the last appearance of counsel is made on behalf of the named defendant, the parties are to
communicate with each other on this matter. It is the responsibility of plaintiff’s counsel to initiate such
consultation. The response is to be returned within ten (10) days of the last appearance. The
response must contain the signatures of all counsel.
Pursuant to 28 U.S.C. §636(c)(3) all appeals relating to magistrate consent cases must be heard only in the
court of appeals.
Please file the proposed consent electronically using the civil event "Notice". Parties representing
themselves should sign and send form to the Clerk's Office. If an order of reference is entered by the Court,
you will be advised by the Clerk as to which Magistrate Judge the has been assigned for further proceedings.
Sandy Opacich
Clerk of Court
(See form on the reverse side)
o:\forms\consent.pdf
revised March 2008
Attachment 2
Attachment 3
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
) CASE NO.
)
Plaintiff(s), ) JUDGE DAN AARON POLSTER
)
v. ) REPORT OF PARTIES’ PLANNING
) MEETING UNDER FED.R.CIV.P. 26(f)
Defendant(s). ) AND LR 16.3(b)(3)
1. Pursuant to Fed.R.Civ.P. 26(f) and LR 16.3(b)(3), a meeting was held on
, 200 , and was attended by:
, Counsel for plaintiff(s)
, Counsel for plaintiff(s)
, Counsel for defendant(s)
, Counsel for defendant(s)
2. The parties:
have not been required to make initial disclosures.
have exchanged the pre-discovery disclosures required by Fed.R.Civ.P. 26(a)(1)
And the Court’s prior order;
Expedited Standard Complex
Administrative Mass Tort
4. This case is suitable for one or more of the following Alternative Dispute
Resolution (ADR) mechanisms:
Early Neutral Evaluation Mediation Arbitration
Summary Jury Trial Summary Bench Trial
Case not suitable for ADR
5. The parties do do not consent to the jurisdiction of the
United States Magistrate Judge pursuant to 28 U.S.C. § 636(c).
6. The parties agree that this case does does not involve
electronic discovery.
7. Recommended Discovery Plan (Counsel are reminded to review the
default standard for e-discovery set forth in Appendix K to the Local Rules):
(a) Describe the subjects on which discovery is to be sought, the
nature and extent of discovery and any potential problems:
(b) Describe anticipated e-discovery issues (i.e., what ESI is available
and where it resides; ease/difficulty and cost of producing information; schedule and format of
production; preservation of information; agreements about privilege or work-production
protection, etc.):
2
(c) Describe handling of expert discovery (i.e., timetable for
disclosure of names and exchange of reports, depositions):
(d) Discovery Deadlines:
(i) Liability:
(ii) Damages
8. Recommended dispositive motion date:
9. Recommended cut-off for amending the pleadings and/or adding
additional parties:
10. Recommended date for status hearing and/or final pretrial settlement
conference:
11. Other matters for the attention of the Court:
Attorney for Plaintiffs: /s/
Attorney for Defendants: /s/
3
Attachment 4
Rule 30.1 Conduct at Depositions
(a) Witnesses, parties, and counsel must conduct themselves at depositions in a
temperate, dignified, and responsible manner.
(b) The following guidelines for the taking of depositions emphasize the
expectations of the Court as to certain issues; they are intended to supplement Fed. R.
Civ. P. 26 and 30.
(1) Scheduling. Counsel are expected to make a timely and good faith
effort to confer and agree to schedules for the taking of depositions. Unless
counsel otherwise agree, depositions must be conducted during normal business
hours. Except where good cause exists, no Notice of Deposition or Subpoena can
issue prior to a scheduling conference with opposing counsel. Counsel for the
deponent must not cancel a deposition without stipulation of the examining
counsel or order of the Court.
(2) Decorum. Opposing counsel and the deponent must be treated with
civility and respect. Ordinarily the deponent must be permitted to complete an
answer without interruption by counsel.
(3) Objections. Objections must be limited to (a) those that would be
waived if not made pursuant to Fed. R. Civ. P. 32(d)(3) and (b) those necessary to
assert a privilege, enforce a limitation on evidence directed by the Court or
present a motion under Fed. R. Civ. P. 30(d)(3). No other objections can be
raised during the course of the deposition. In the event privilege is claimed,
examining counsel may make appropriate inquiry about the basis for asserting the
privilege.
(4) Speaking Objections. Speaking objections that refer to the facts of the
case or suggest an answer to the deponent are improper and must not be made in
the presence of the deponent.
(5) Witness Preparation. Preparation of the deponent must be completed
prior to the taking of the deposition. While a question is pending, counsel for the
deponent and the deponent must not confer, except for the purpose of deciding
whether to assert a privilege.
(6) Documents. Examining counsel must provide counsel for the
deponent with copies of all documents shown to the deponent during the
deposition.
(7) Disputes. Counsel must comply with Local Rule 37.1 as to any
disputes arising in connection with the taking of a deposition.
Last revised 9/23/02. See Historical Notes for full revision history.
Attachment 5
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
, ) JUDGE DAN A. POLSTER
)
Plaintiff(s), )
) CASE NO.
vs. )
)
, ) PRELIMINARY ESTIMATE/
) BUDGET OF AMOUNT OF FEES
Defendant(s). ) AND EXPENSES
The following is a preliminary estimate and/or budget of the Plaintiff’s / Defendant’s
(circle one) anticipated to be the subject of a claim in this case.
Attorney’s Fees Costs
Preliminary Investigation
& Filing Complaint $ Deposition $
Procedural Motion s Practice $ Experts $
Discovery $ Witness Fees $
Dispositive Motions Practice $ Juror Fees $
Settlement Negotiations $ Other $
Trial $
TOTAL FEES $ TOTAL COSTS $
