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 will exchange documents that constitute the administrative record on or
before _______.
6. The parties do/do not intend to file motion(s) seeking leave to conduct discovery. If so, the
parties recommend the following briefing schedule: ______________________.
7. The parties will file opening briefs by no later than _______. Each party will then be
entitled to file a reply brief by _________. All other matters will be postponed pending the
Court’s resolution of the coverage question.
8. 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]
9. 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
confidential Settlement Statement that includes the current status of any and all settlement
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negotiations, a summary of the parties’ respective positions, and an outline of factual and
damage allegations. The parties’ Settlement Statements shall not 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.
PAMELA A. BARKER
Date: -------, 2021 U. S. DISTRICT JUDGE
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