UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at CHATTANOOGA
Plaintiff )
) No. ______
v. )
) JUDGE STEGER
Defendant )
SCHEDULING ORDER
1. Introduction: Pursuant to Fed. R. Civ. P. 16(b) a scheduling conference was held in this
cause on ______________. Present representing the plaintiff was attorney ________. Present
representing the defendant was attorney ___________. The following action was taken.
2. Jurisdiction: In this case, the subject matter jurisdiction of the Court has been invoked
pursuant to 28 U.S.C. ' 1331, and is not in dispute.
3. Consent to Magistrate Judge: The parties do consent that all proceedings in this case
may be conducted by United States Magistrate Judge Christopher H. Steger in accordance with 28 U.S.C.
' 636(c).
4. Settlement / Alternative Dispute Resolution:
(a) The possibility of settlement is _____ at this time.
(b) The parties will discuss the possibility of utilizing the Federal Court Mediation
Program. They will notify the Court on or before -13 weeks prior to trial as to whether they think the
Federal Court Mediation Program can aid in resolving this case. Letters should be sent to the attention
of John Medearis, U.S. District Court, 900 Georgia Avenue, Room 309, Chattanooga, Tennessee
37401.
5. Disclosure and Discovery:
(a) Fed. R. Civ. P. 26(f) Meeting: If the parties have not already done so, they will
hold a discovery planning meeting as required by Rule 26(f) within ten (10) days. The location of this
meeting will be as agreed by the parties.
(b) E-Discovery: At the Rule 26(f) meeting [or within ten [10] days], counsel for the
parties shall confer regarding electronically stored information or documents pursuant to Rule
26(f)(3)(C) Furthermore, it is expected the parties will comply with all applicable rules of civil
procedure relating to electronic discovery, including Rules 26(a)(1)(A)(ii), 33(d), 34(a) and (b), and 45.
The parties are directed to confer and cooperatively address all issues relating to electronically stored
information, including claims of attorney-client privilege or work-product protection.
(c) Discovery Plan: At the Rule 26(f) meeting the parties shall, if they have not already
done so, develop a discovery plan and file it with the Court within ten (10) days after said meeting. This
discovery plan shall conform to the provisions of Fed. R. Civ. P. 26(f).
(d) Initial Disclosures: At the Rule 26(f) meeting the parties shall, if they have not
already done so, make all disclosures required by Rule 26(a)(1).
(e) Expert Testimony: Disclosure of any expert testimony in accordance with Fed. R.
Civ. P. 26(a)(2) shall be made by plaintiff(s) on or before -21 weeks and by defendant(s) on or before
-17 weeks. Such disclosures shall include any required written report pursuant to Fed. R. Civ. P.
26(a)(2)(B), and/or any required statement for experts not specially retained pursuant to Fed. R. Civ. P.
26(a)(2)(c).
If at any time it appears that a Daubert hearing may be necessary to determine the admissibility of
expert testimony, the parties shall notify the Court, at their earliest convenience and prior to the dispositive
motion deadline, of the potential need for a hearing.
(f) Final Witness List: On or before -15 weeks, the parties shall provide to all other
parties a final witness list in accordance with Fed. R. Civ. P. 26(a)(3)(A)(i).
(g) All Discovery: All discovery, including the taking of depositions "for evidence"
shall be completed by -13 weeks.
(h) Pretrial Disclosures: On or before -9 weeks, the parties shall make the pretrial
disclosures specified in Fed. R. Civ. P. 26(a)(3)(A)(ii) and (iii). (Deposition testimony and exhibit list).
All deposition testimony to be offered into evidence must be disclosed to all other parties on or before
this date. Each party will have ten (10) days after service to object to witnesses or exhibits.
(i) Courtroom Technology: At least five (5) days before the final pretrial
conference the parties shall disclose to one another and to the Court the technology they intend to use in
the courtroom during the trial and how they intend to use it (e.g., display equipment; data storage,
retrieval, or presentation devices). This disclosure shall list (1) equipment they intend to bring into the
courtroom to use, and (2) equipment supplied by the Court which the parties intend to use. Further, the
parties shall also disclose to one another the content of their electronic or digital materials and shall
confirm the compatibility/viability of their planned use of technology with the Court=s equipment.
General information on equipment supplied by the Court is available on the Eastern District of
Tennessee website (www.tned.uscourts.gov). Specific questions about Court-supplied equipment
should be directed to the presiding judge=s courtroom deputy (directory available on website).
6. Other Scheduling Matters:
(a) Joinder of Parties and Amendments to the Pleadings: If any party wishes to
join one or more additional parties or amend its pleadings, such joinder or motion for leave to amend
shall be filed by -17 weeks.
(b) Dispositive Motions: All Daubert and dispositive motions under Fed. R. Civ. P.
12 and all motions for summary judgment pursuant to Fed. R. Civ. P. 56 shall be filed as soon as
possible, but no later than -11 weeks. The failure to timely file such motions will be grounds to summarily
deny them.
As discussed in his judicial preferences available on the Court’s website at
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http://www.tned.uscourts.gov/content/christopher-h-steger-united-states-magistrate-judge, Magistrate
Judge Steger does not permit the filing of Statements of Undisputed Material Facts and will summarily
disregard them.
(c) Motions in Limine: Any motions in limine must be filed no later than -3 weeks.
(d) Special Requests to Instruct for Jury Trial: Each party shall submit jury
instructions for each cause of action and for each affirmative defense to be litigated at trial. The
instructions shall set forth each element to be proved, who must prove it, and by what standard of proof
it must be proved. Each party shall also submit instruction(s) as to each type of relief and damages
sought and a proposed verdict form. Such proposed instructions and verdict form, in addition to any
other special instructions the parties wish to submit, shall be submitted to the Court no later than
-3 weeks and shall be supported by citations of authority pursuant to Local Rule 7.4. Each party shall
send a copy of the prepared jury instructions as an electronic mail attachment in Word format to
[email protected]. There is reserved to counsel for the respective parties the right to
submit supplemental requests for instructions during the course of the trial or at the conclusion of trial
upon matters that cannot be reasonably anticipated.
Or
(d) Proposed Findings of Fact and Conclusion of Law for Nonjury Trial: The
parties shall submit to the Court proposed findings of fact and conclusions of law, which shall be
supported by citations of authority in accordance with Local Rule 52.1, no later than -3 weeks. Proposed
findings of fact shall contain a jurisdictional statement, identity of the parties, and set out the facts in
chronological order the particular party intends to prove at trial. Conclusions of law shall include (1)
the elements of each cause of action and each affirmative defense, (2) who bears the burden of proof, (3)
the standard by which each cause of action or affirmative defense must be proven, and (4) the
appropriate type of remedy or remedies for each cause of action. Conclusions of law must be supported
with appropriate authority pursuant to Local Rule 7.4 and should not be argumentative. Each party shall
send a copy of the prepared proposed findings of fact and conclusion of law as an electronic mail
attachment in Word Perfect or Word Perfect-compatible format to
[email protected].
7. Final Pretrial Conference: A final pretrial conference will be held in this case on
-2 weeks , at ___ am/pm. The parties shall prepare and submit a final pretrial order to the Court on or
before the date of the final pretrial conference.
8. Trial: The trial of this case will be held before the undersigned United States Magistrate
Judge With / Without Jury beginning on ________. The trial is expected to last __ days. Counsel
shall be present at 9:00 a.m. to take up any preliminary matters which may require the Court's attention.
The parties shall be prepared to commence trial at 9:30 a.m. on the date which has been assigned.
SHOULD THE SCHEDULED TRIAL DATE CHANGE FOR ANY REASON, THE OTHER
DATES CONTAINED IN THIS ORDER SHALL REMAIN AS SCHEDULED. SHOULD THE
PARTIES DESIRE A CHANGE IN ANY OF THE OTHER DATES, THEY SHOULD NOTIFY
THE COURT AND SEEK AN ORDER CHANGING THOSE DATES.
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SO ORDERED.
ENTER.
______________________________________
CHRISTOPHER H. STEGER
UNITED STATES MAGISTRATE JUDGE
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