UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
, ) CASE NO.
)
Plaintiff, ) JUDGE BENITA Y. PEARSON
)
v. ) CASE MANAGEMENT
) CONFERENCE ORDER
, )
) CASE MANAGEMENT PLAN
Defendant. ) LR 16.1(b)(4)
1. A Case Management Conference was conducted on .
2. The following parties were present:
A. Plaintiff:
B. Defendant:
3. The following attorneys were present:
A. Plaintiff’s counsel:
B. Defendant’s counsel:
4. A Discovery Plan was filed on .
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REGISTRATION FOR RECEIPT OF ELECTRONIC DOCUMENTS
If it has not already been done, all counsel must complete Attorney Registration Forms
and return them to the Clerk of Court as soon as possible so that attorney user accounts can be
established. An Attorney Registration Form is in the Policies and Procedures Manual. In
addition, counsel can easily register online at:
https://www.ohnd.uscourts.gov/content/cmecf-attorney-registration
As soon as accounts are established, counsel will be provided with user identification names and
passwords which will permit access to the electronic filing system and which shall serve as
signatures for any and all documents filed electronically.
The Clerk’s Office has established an Electronic Filing Help Desk at 1-800-355-8498 to
answer questions and provide assistance should difficulties arise.
RULINGS ON ADDITIONAL MATTERS PURSUANT TO LR 16.3(b)(2)
5. After consultation with the parties and counsel, the Court determined that this case
will proceed on the Track.
6. This case is referred to Magistrate Judge to conduct a mediation
during , if possible.
[or]
This case is not suitable for Alternative Dispute Resolution (ADR) at this time.
7. The parties do / do not consent to the jurisdiction of the United States Magistrate
Judge pursuant to 28 U.S.C. § 636(c).
8. There are no case-specific rulings as to the type and extent of discovery. Parties are to
follow the limits established by the Local and Federal civil rules.
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9. The Parties agree that there will be no discovery of electronically-stored information.
[or]
The parties have agreed to a method for conducting discovery of electronically-stored
information.
[or]
The parties shall follow the default standard for discovery of electroncally-stored
information (Appendix K to N.D. Ohio Local Rules).
10. Discovery shall be completed on or before .
11. Counsel shall comply with LR 37.1, which outlines a process for resolution of
discovery disputes -- steps that must be taken in advance of a party’s filing of a discovery
motion. The first step requires the parties to make a sincere, good faith effort to resolve the
dispute. Next, if the parties’ sincere, good faith efforts have failed to resolve the dispute, the
Court should be given informal notice, along with a certification of the effort made. This notice
can be made by letter or a telephone call to chambers with both sides’ counsel on the line. The
Court may then choose to hold a telephonic conference or take other steps to resolve the dispute.
If the Court is unable to resolve the dispute, the Court may authorize the filing of a discovery
motion. LR 37.1. A discovery motion should only be filed after having been solicited by the
Court.
12. The parties have / have not reached an agreement regarding the handling of disclosed
privileged material. See Fed. R. Civ. P. 16(b)(3)(B)(iv).
13. Without leave of Court, no discovery or disclosure materials may be filed, except as
necessary to support dispositive motions. 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
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that any other party who believes the excerpts offered are not sufficient is free to file the entire
deposition. In any event, discovery and disclosure materials submitted in support of any party’s
position shall be filed at the same time as that party’s memorandum setting forth its position.
14. The cutoff to amend pleadings and add parties is . Also see
Fed. R. Civ. P. 15(a) (requiring a showing that an amendment is proper). The cutoff date,
however, is merely a time limitation—not a blanket leave. A party must still demonstrate that an
amendment is proper under Rule 15(a). Absent written consent of the adverse party, the party
seeking to amend at least must alert the Court and the adverse party to the substance of the
proposed amendment by filing a Motion for Leave with an accompanying memorandum of law
addressing the requirements of Rule 15(a). In all cases, the party seeking leave of Court to
amend must certify that prior notice of the proposed amendment was given and the adverse party
withheld consent.
15. Before a party may file a dispositive motion, it must submit a written request for
judgment or to be dismissed to opposing counsel. Opposing counsel shall either agree to the
judgment or request for dismissal or shall give explicit reasons in writing for refusing to do so.
Upon such refusal, the party shall reassess its position and may file a dispositive motion if the
party believes it is still entitled to summary judgment or dismissal. The dispositive motion must
be accompanied by a statement certifying that this exchange has occurred.
The cutoff for filing dispositive motions is . Responses shall be filed by
(See LR 7.1(d)) and Replies by (See LR 7.1(e)).
Lead counsel of record shall confer with one another in person in order to prepare written
stipulations as to all uncontested facts to be presented by the dispositive motion. The
stipulations shall be filed with the Court on or before . If there are no
stipulations, a joint notice stating same shall be filed by the same date. These are mandatory
requirements.
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16. The next Status Conference will be held on , at .m. The
conference will be conducted via telephone unless circumstances require otherwise. Attorney
is to set up the conference call. Parties’ attendance is welcome, but not
mandatory. Counsel should notify the Court in advance of a Status Conference if the matter has
settled.
17. Protective orders: The parties shall file a proposed Stipulated Protective Order on
or before . A form protective order is attached as Appendix L to the Local Rules.
Any proposed order will be rejected by the Court unless it provides that, where materials
designated “confidential” are used in support of or in opposition to a motion, the party so using
the material shall file the document under seal. See Electronic Filing Policies and Procedures
Manual at §§ 19 and 24. Manually filed sealed documents shall not be presented to the Court
unless electronic filing is not possible. The proposed order shall also provide that the parties
agree to be bound by its terms, during the litigation, prior and subsequent to entry by the Court.
An agreed protective order which complies with the above will be approved, but with the
understanding that, in the event this case should go to trial, no materials used in open court shall
be entitled to the continuing designation of “confidential.”
If any party seeks to obtain judgment by either a motion to dismiss or a motion for
summary judgment, only supporting confidential documentation, not the motions themselves,
may be filed under seal.
18. Counsel shall comply with LR 5.2. See pages 9-12 of the Electronic Filing Policies
and Procedures Manual for further instructions.
19. Additional Rulings Regarding Motions – LR 7.1(b)-(j) (12/16):
The Court will strictly enforce provisions regarding length of memoranda filed in support
of motions. See LR 7.1(f). 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 and the
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Clerk’s Office to issue the ruling. Motions for relief from length restrictions which are filed
contemporaneously with the memorandum exceeding the page limits will be denied.
The Court will permit only the motion with its supporting memorandum, the
memorandum in opposition, and a reply. No sur-replies will be permitted absent advance leave
of Court.
IT IS SO ORDERED.
Date Benita Y. Pearson
United States District Judge
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