IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
__________________, Case No. _____________
Plaintiff(s),
-vs-
JUDGE PAMELA A. BARKER
_________________,
CASE MANAGEMENTCONFERENCE
Defendant(s). ORDER
A Case Management Conference (“CMC”) was held in this matter on ____________. The
parties and counsel of record agreed to the following, and IT IS ORDERED that:
1. This case is assigned to the [expedited, standard, complex, administrative, mass tort]
track.
2. This case was referred to Alternative Dispute Resolution (“ADR”):
Yes________ No ________ Decision delayed __________
If yes, by the following ADR process: Early Neutral Evaluation ______ Mediation _______
Arbitration ________ Summary Jury Trial _________ Summary Bench Trial _________
3. The parties do/do not consent to the jurisdiction of a United States Magistrate Judge pursuant
to 28 U.S.C. § 636(c) at this time.
4. The pleadings shall be amended without leave of Court and new parties shall be joined
on or before ________.
5. The parties [have exchanged the pre-discovery disclosures required by Fed. R. Civ. P.
26(a)(1)] OR [will exchange the pre-discovery disclosures required by Fed. R. Civ. P. 26(a)(1)
by _______.]
6. As to Electronically Stored Information, the parties agree
__________________________________________________________________.
7. Schedule for Conditional/Class Certification, Opt-In Discovery, and Notice: Where
parties are not in agreement regarding certification, the deadline for discovery regarding certification
motions is ___________, [including plaintiff(s)' depositions by _________, defendant(s)' 30(b)
depositions by __________, plaintiff(s)' expert reports by __________, defendant(s)' expert
reports by __________, and expert depositions by __________.] Plaintiff’s Motion for
Certification is due ______. Response shall be due no later than _________.
8. All other non-expert discovery shall be completed by __________. Discovery shall be
conducted according to the guidelines set forth in Local Rule 16.2 for cases assigned to this track.
The Court directs the parties to comply with Local Rule 37.1 before filing any motions seeking aid
from the Court in discovery matters.
9. All other expert discovery shall be completed by _________. The party initially seeking
to introduce expert testimony shall exchange his or her Expert Report on or before ________.
Responsive Expert Reports shall be exchanged on or before _________.
10. Dispositive Motions shall be filed on or before ____________. Responses to dispositive
motions must be filed within thirty (30) days of the service of the dispositive motion. Replies must
be filed within fourteen (14) days of the service of the response. (See Local Rule 7.1). No sur-reply
brief may be filed without leave of Court. No request for an extension of time will be entertained
unless it is filed prior to the response date from which extension is sought and it indicates whether
opposing counsel consents or objects to the requested extension.
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11. A [telephonic/in-person] status conference with lead counsel is set for _______ at
_________ a.m/p.m. Counsel shall confer within five (5) business days of the scheduled conference
to discuss outstanding issues and respective positions as to settlement. Counsel shall provide to the
Court within three (3) business days of the conference, a joint Status Report or confidential individual
Status Reports describing the status of discovery, settlement positions, and issues to be addressed.
The Status Reports need not be filed, but may be delivered via email to
[email protected]
12. A Settlement Conference is set for __________ at _________ a.m./p.m. in Room 16A.
Parties and lead counsel must appear in person unless otherwise ordered by the Court. “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 insurance that
arguably covers a party’s claim(s), an insurance representative with settlement authority shall also
attend the Settlement Conference. If the presence of a party, lead counsel, or insurance
representative will constitute an undue hardship, a written motion to excuse the presence of such
person must be filed seven (7) days prior to the Settlement Conference. Within five (5) days of the
Settlement Conference, each party shall submit to the Court a confidential Settlement Statement that
includes the current status of any and all settlement negotiations, a summary of the parties’ respective
positions, and an outline of factual and damage allegations. The parties’ Settlement Statements shall
not be filed with the Clerk, but shall be emailed to Chambers at
[email protected]. Unless requested by all parties, copies of the Settlement
Statements shall not be provided to the other parties in the case.
IT IS SO ORDERED.
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PAMELA A. BARKER
Date: March 4, 2021 U. S. DISTRICT JUDGE
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