UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
) CASE NO.
)
Plaintiff ) JUDGE CHRISTOPHER A. BOYKO
)
vs. )
)
)
)
)
Defendant. ) CASE MANAGEMENT ORDER
CHRISTOPHER A. BOYKO, J:
A Case Management Conference was held in this matter on
_________________________. IT IS ORDERED that:
1. The case is assigned to the ______expedited/_____standard/_____complex/mass
tort track.
2. The case is_____/is not______ suitable for referral to an Alternative Dispute
Resolution (ADR) program.
The Court orders this case to:
_____Early Neutral Evaluation ______Mediation _____Arbitration to occur ________________
______________________________________________________________________________
___________________________________, and shall be conducted by_____________________
__________________________________________________________. Parties with full
settlement authority must attend these proceedings.
Arbitration ___________is/_________ is not suitable after completion of discovery.
3. As of January 1, 2006, all cases must be filed electronically pursuant to Local Civil
Rule 5.1(c).
4. The parties _____ do/ ___x___do not consent to the jurisdiction of the United States
Magistrate Judge pursuant to 28 U.S.C. § 636(c).
5. Non-expert discovery cut-off date: ______________________________________.
6. Plaintiff’s expert report due date: ________________________________________.
7. Defendant’s expert report due date: _______________________________________.
8. Expert discovery cut off date: ________________________________________.
9. Cut off date for amending pleadings and/or adding new parties:_________.
10. Dispositive Motions due: __________________________________. The Court will
not accept, without granting prior leave, any supplemental
motion, document, sur-reply, or exhibit in support of, or in opposition to, a dispositive
motion, which has not been specifically addressed in the case management order. No
request for an extension of time will be entertained unless it is filed prior to the date from
which extension is sought and it indicates whether opposing counsel consents or objects
to the requested extension.
11. Briefs in Opposition due: _________________________________.
12. Replies to Briefs in Opposition due: ____________________________.
13. Settlement Conference is set for _______________________________.
14. Counsel is______/is not_______ required to submit status reports to the Court every
forty five days during the pendency of this matter. Status reports shall briefly state the following:
(1) discovery that has occurred during the reporting period; (2) settlement discussions that have
occurred during the reporting period; (3) motions that have been filed or remain pending during
the reporting period; and (4) any developments that might give rise to a request to deviate from
the schedule outlined in this Case Management Plan. Failure to file status reports may result in
sanctions ranging from denial of time extensions to dismissal of claims or defenses under Rule
41(b).
15. Parties with full settlement authority shall be present at the Settlement
Conference. Motions to excuse the presence of parties will only be entertained for reasons of
undue hardship. Motions to excuse must be filed no later than seven (7) days prior to the
scheduled Status Conference/ Settlement Conference. Excused parties must be available by phone
at the time of the scheduled Settlement Conference. Parties shall comply with the Court’s
Standing Order for Settlement Conferences. Failure to comply may result in sanctions up
to and including dismissal and/or striking of offending party’s pleadings.
16. Parties are expected to comply with Local Rule 37.1 regarding any discovery disputes.
The Court will not entertain phone calls or Motions to Compel prior to proof of compliance with
Local Rule 37.1. For purposes of certification the Court requires affidavits of counsel attesting to
good faith efforts to resolve the dispute. Affidavits may be filed or submitted to the Court by mail
or fax.
17. This Order shall constitute notice for purposes of sanctions up to and including
dismissal and/or striking of offending party’s pleadings for failure to abide by any Court
Order.
IT IS SO ORDERED.
______________ S:/Christopher A. Boyko
Date CHRISTOPHER A. BOYKO
United States District Judge
Minutes:
