1UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
) CASE NO.
)
Plaintiff(s), ) JUDGE DONALD C. NUGENT
)
vs. )
) NOTICE:
) CASE MANAGEMENT CONFERENCE
)
Defendant(s). )
SCHEDULING OF CASE MANAGEMENT CONFERENCE
All counsel and/or parties will take notice that the above-entitled action has been set for a
Case Management Conference (CMC) on _________at _______ a.m before Judge
Donald C. Nugent, Room 15A, Carl B. Stokes U.S. Court House, 801W. Superior Avenue,
Cleveland, Ohio 44113. This CMC will be done by telephone. Counsel for all parties are
instructed to get together on one line and call into the Court at 216-357-7160.
PRESENCE OF LEAD COUNSEL
Lead counsel must participate in the CMC.. If the participation of lead counsel will
constitute an undue hardship, a written motion to make other arrangements and excuse the
participation of lead counsel must be filed no later than seven (7) days prior to the CMC.
TRACK ASSIGNMENT
This case is subject to the provisions of Differentiated Case Management (DCM ) as set
forth in the Local Rules of the Northern District of Ohio. This Court will evaluate this case in
accordance with LR 16.2(a)(1) and assign it to one of the case management tracks. Each of the
tracks (expedited, standard, complex, mass tort and administrative) has its own set of guidelines
and time lines governing discovery practice, motion practice and trial.
CONSENT TO JURISDICTION OF MAGISTRATE JUDGE
A 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.
PREPARATION FOR CMC BY COUNSEL
Except in government collection cases and actions by unrepresented prisoners, the parties
shall meet prior to the CMC to discuss the case and prepare a proposed discovery plan pursuant
to Fed. R. Civ. P. 26(f). The Court places the burden of arranging this meeting on counsel
for Plaintiff(s) if originally filed with this Court or, on counsel for Defendant(s) if removed.
The parties shall, at or within 10 days after the meeting and without awaiting a discovery
request, provide the basic information to the other parties specified by Fed. R. Civ. P. 26(a)(1)
(initial disclosures), Fed. R. Civ. P. 26(a)(2) (disclosure of expert testimony) and Fed. R. Civ. P.
26(a)(3) (pretrial disclosures) shall also apply in this case. As part of the planning meeting,
counsel must discuss and include in their discovery plan the timing and method for complying
with the requirements of Fed. R. Civ. P. 26(b)(5)(A).
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Counsel must also determine whether there will be discovery of electronically stored
information (ESI)[E-discovery]. If counsel anticipate any E-discovery, they must decide on a
method for conducting such discovery or they must agree to abide by the default standard set
forth in Appendix K to the Local Civil Rules. A Report of Parties’ Planning Meeting under
Fed. R. Civ. P. 26(f) and Local Rule 16.3(b), (Parties shall use the attached Form) shall be
filed with the Court at least three (3) working days before the CMC. Pursuant to Fed. R.
Civ. P. 26(d), a party may not seek formal discovery from any source before the parties have met
and conferred.
Unless otherwise ordered by the Court, initial disclosures, discovery depositions,
interrogatories, requests for documents, requests for admission, 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.
Plaintiff(s) shall provide defendant(s) with a written demand to include a description and
monetary breakdown of the damages claimed no later than one week prior to the date of the
CMC. Defendant(s) shall respond with an offer no later than the date of the CMC.
It is the responsibility of counsel for the plaintiff(s) to verify that a copy of this Order has
been received by counsel for the defendant(s) or, if no counsel has entered an appearance for
defendant(s), has been received by defendant(s).
Please Note, effective January 1, 2006, ALL attorneys who practice before this Court are
REQUIRED to file electronically pursuant to Local Civil Rule 5.1(c).
Further, any attorney desiring to practice in a case before this Court, whose name has not
appeared on an initial pleading or motion, shall enter a written notice of appearance.
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OTHER DIRECTIVES
Parties shall submit a courtesy copy of all dispositive motions, oppositions and replies,
along with all supporting material to chambers. No party may file a motion for summary
judgment prior to close of discovery without express leave of Court. All summary judgment
arguments shall be made in a single motion. Parties may not file multiple summary judgment
motions without express leave of court.
The Court will not accept ex parte telephone calls to Chambers regarding substantive
issues in pending cases. The Court speaks through its docket. While it may be appropriate to call
Chambers regarding routine, non-substantive matters (such as requests for the dial in information
for upcoming status conference, etc.), it is not appropriate for counsel to call Chambers ex parte
for guidance or clarification regarding substantive matters, including matters relating to existing
case management deadlines, requests to file briefing, and/or inquiries regarding the status of
pending motions. All questions regarding substantive matters in pending cases must be filed as a
motion on the public docket with the following exception-- If a dispute arises during a deposition
that requires this Court’s immediate assistance, the parties may call Chambers for assistance, but
must do so jointly.
RESOLUTION PRIOR TO CMC
In the event that this case is resolved prior to the CMC, counsel should submit a jointly
signed stipulation of settlement or dismissal, or otherwise notify the Court that the same is
forthcoming. IT IS SO ORDERED.
____________________________
DONALD C. NUGENT
United States District Judge
Dated:
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
) CASE NO.
)
Plaintiff, ) JUDGE DONALD C. NUGENT
)
)
v. ) REPORT OF PARTIES'
) PLANNING MEETING UNDER
) FED. R. CIV.P. 26(f)
) AND LOCAL RULE 16.3(b)
)
Defendant. )
1. Pursuant to FED. R. CIV. P. 26(f) and LR 16.3(b), a meeting was held on
, and was attended by:
Counsel for Plaintiff(s)
Counsel for Plaintiff(s)
Counsel for Defendant(s)
Counsel for Defendant(s)
2. The parties:
have exchanged the pre-discovery disclosures required by FED. R. CIV. P.
26(a)(1) and the Court's prior order.
will exchange such disclosures by ;
3. The parties recommend the following track:
Expedited Standard Complex
Administrative Mass Tort
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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. Recommended Discovery Plan:
(a) Describe the subjects on which discovery is to be sought and the nature and
extent of discovery.
(b) State any discovery disputes or challenges anticipated by either party:
__________________________________________________________________
(c ) State any issues, including each parties’ views and proposals on claims of
privilege or protection as trial-preparation materials, including the timing and
method for complying with Rule 26(b)(5)(A) and – if the parties agree on a
procedure – whether the parties will seek to include that agreement in an order
under Federal Rule of Evidence 502:
_____________________________________________________________
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__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
(d) The parties (indicate one):
agree that there will be no discovery of electronically-stored information;
or
have agreed to a method for conducting discovery of electronically-stored
information; or
have agreed to follow the default standard for discovery of electronically-
stored information (Appendix K to Northern District Ohio Local Rules)
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(e) Non- Expert Discovery cut-off date:
Plaintiff’s (or party with the burden of proof on an issue) expert report due
date:
(f) Defendant’s (or party without the burden of proof on an issue)
due date:
(g) Expert Discovery cut-off date:
7. Recommended dispositive motion date:
8. Recommended cut-off date for amending the pleadings and/or adding additional
parties: ___________________________________________________________________-
9. Recommended date for a Status Hearing:
10. Other matters for the attention of the Court:
Attorney for Plaintiff(s)
Attorney for Plaintiff(s)
Attorney for Defendant(s)
Attorney for Defendant(s)
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