UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
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Plaintiff, )
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v. ) No.:
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Defendant. )
SCHEDULING ORDER
Please note: Effective November 1, 2007, Scheduling Orders will be entered directly
by the Court in lieu of in-person scheduling conferences conducted by the Court. Your
particular attention is directed to the trial scheduling (Paragraph No. 8) and the requirement
for filing of a status report (Paragraph No. 4).
1. Introduction: This Scheduling Order is being entered pursuant to Fed. R. Civ.
P. 16(b) and Local Rule 16.1(a). Any inquiries concerning the trial date should be directed
to the Court’s chambers, by contacting the Court’s judicial assistant, Ms. Lori Gibson at
(865) 545-4762 or at
[email protected], within seven (7) days of receipt
of this order; otherwise, a motion for continuance must be filed. The schedule will not
change except for good cause.
2. Electronic Filing:
(a.) The Court has implemented Electronic Case Filing, which allows
counsel to file and docket pleadings directly from their office via the
internet and to be served with filings from other parties and the Court
via email. Information on the ECF system is available on the Court’s
website: www.tned.uscourts.gov. Counsel who are not already
registered users are directed to register as soon as possible or be
prepared to explain their failure to do so. See E.D.TN LR 5.2(b).
(b.) Unless the Court instructs otherwise, courtesy hard copies shall not be
mailed or hand delivered to chambers. To the extent the Court requests
a courtesy hard copy, such copy should be printed out after being
electronically filed so that the copy contains the “ECF Header/Footer”
reflecting the filing information, i.e. case number, document number,
filed date, and number and PageID number.
(c.) Parties filing pleadings either electronically or manually on the day of
a hearing or trial should notify chambers and/or the courtroom deputy
either by e-mail or phone of the late filing.
3. Disclosure and Discovery:
(a.) Fed. R. Civ. P. 26(f) Meeting: The parties shall hold a discovery
planning meeting as required by Fed. R. Civ. P. Rule 26(f) within
fifteen (15) days of entry of this Order.
(b.) 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 this meeting. This discovery plan shall
conform to the provisions of Fed. R. Civ. P. 26(f).
(c.) Initial Disclosures: At the Rule 26(f) meeting or within ten (10) days
thereafter, the parties shall, if they have not already done so, make all
disclosures required by Rule 26(a)(1).
(d.) E-Discovery: At the Rule 26(f) meeting, counsel for the parties shall
confer and determine whether any party will likely be requested to
disclose or produce substantial information from electronic or computer
based media. If so, the parties are directed to determine: (i) whether
disclosure or production will be limited to data reasonably available to
the parties in the ordinary course of business, (ii) the anticipated scope,
cost, and time required for disclosure or production of data beyond
what is reasonably available to the parties in the ordinary course of
business; (iii) the format and media agreed to by the parties for the
production of such data as well as agreed procedures for such
production; (iv) whether reasonable measures have been taken to
preserve potentially discoverable data from alteration or destruction in
the ordinary course of business or otherwise; (v) whether there are other
problems that the parties anticipate may arise in connection with
electronic or computer-based discovery; and (vi) the name of the person
responsible for each party’s document retention policies and the name
of the individual through which discovery requests and responses to
each party are to be made. It is expected the parties will confer and
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cooperatively reach an agreement as to how e-discovery will be
conducted in this case.
(e.) Expert Testimony: Disclosure of any expert testimony in accordance
with Fed. R. Civ. P. 26(a)(2) shall be made on or before one hundred
and fifty (150) days before trial for plaintiff and one hundred and
twenty (120) days before trial for defendant. If the evidence is intended
solely to contradict or rebut evidence on the same subject matter
identified by another party under Fed. R. Civ. P. 26(a)(2)(B), such
disclosure shall be made within thirty (30) days after the disclosure
made by the other party. The parties shall supplement these disclosures
when required under subdivision (e)(1). In the event that either party
wishes to challenge the relevance or the reliability of expert testimony,
a motion for a Daubert hearing must be filed not later than ninety (90)
days before trial or they will be deemed waived.
(f.) Evidence-Presentation Equipment: If one or more of the parties
desire to use the Court’s Digital Evidence Presentation System
(DEPS) at trial or for any pretrial hearing, or if any party intends to
use any other electronic, mechanical, or other equipment to display
evidence at trial, notice must be given to the Court’s courtroom
deputy clerk, Ms. Julie Norwood (865) 329-4679, or
at
[email protected] at least five (5) working days
before the pretrial conference (for trial) or before any pretrial
hearing.
(g.) Pretrial Disclosures: On or before thirty (30) days before trial, the
parties shall make all pretrial disclosures specified in Fed. R. Civ. P.
26(a)(3), except as to witnesses (see 6(f) below).
(h.) All Discovery: All discovery, including the taking of depositions “for
evidence,” shall be completed by ninety (90) days before trial.
(Motions to compel must be filed at least thirty (30) days before this
deadline).
(i.) Depositions: Depositions shall be conducted in accordance with the
following guidelines and other orders entered by the Court:
(1) Counsel shall not direct or request that a witness not answer a
question, unless that counsel has objected to the question on the
ground that the answer is protected by a privilege or a limitation
on evidence directed by the Court.
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(2) Counsel shall not make objections or statements that might
suggest an answer to a witness. Counsels' statements when
making objections should be succinct, stating the basis of the
objection and nothing more.
(3) Counsel and their witness-clients shall not engage in private,
off-the-record conferences while the deposition is proceeding in
session, except for the purpose of deciding whether to assert a
privilege. Counsel may confer with their clients during
midmorning, lunch, mid-afternoon, or overnight breaks in the
deposition. However, counsel for a deponent may not request
such a break while a question is pending or while there
continues a line of questioning that may be completed within a
reasonable time preceding such scheduled breaks.
(4) Deposing counsel shall provide to the witness's counsel a copy
of all documents shown to the witness during the deposition.
The copies shall be provided either before the deposition begins
or contemporaneously with the showing of each document to the
witness. The witness and the witness's counsel do not have the
right to discuss documents privately before the witness answers
questions about them.
(j.) Discovery Disputes: Discovery disputes shall be resolved in the
following manner:
(1) Parties shall first meet and/or confer in an attempt to resolve
disputes between themselves, without judicial intervention;
(2) If the parties are unable to resolve such disputes informally, they
shall attempt to resolve their disagreement by conference with
the Magistrate Judge assigned to this case, which conference
shall be by telephone or in court, at the discretion of the
Magistrate Judge, who also shall have the discretion to make
findings and enter an order on the dispute; and
(3) If, and only if, the parties’ dispute is unresolved following the
conference with the Magistrate Judge, the parties may file
appropriate written motions with the Court, which may be
referred to the Magistrate Judge. Any written motions regarding
discovery shall include a certification of compliance with steps
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one (1) and two (2) above as well as the written certification
required by Rule 37(a)(1), if applicable.
4. Status Report: The parties shall jointly file on the day of the discovery
deadline a status report covering the following matters:
(a.) Whether discovery has been completed;
(b.) If any dispositive motions are pending, whether oral argument would
be beneficial to the Court and/or the parties, and, if so, explain the
benefit;
(c.) Whether any party intends to file any further pretrial motions, including
any motions in limine, and if so, the anticipated subject matter of such
motions;
(d.) Whether the case is to be tried jury or non-jury and the anticipated
length of trial;
(e.) The prospects for settlement of this matter, and whether the case has
been or will be submitted for mediation pursuant to Local Rule 16.4;
and
(f.) Any other matter which you believe should be brought to the Court’s
attention.
5. Pretrial Order: Unless counsel are otherwise directed by the Court, the
following shall govern with regard to the pretrial order in this particular case.
Thirty (30) days before trial, an agreed pretrial order shall be filed. The order shall
contain the following recitals:
(a.) Jurisdiction.
(b.) That the pleadings are amended to conform to the pretrial order.
(c.) Short summary of plaintiff’s theory.
(d.) Short summary of defendant’s theory.
(e.) The issues to be submitted to the trial judge or jury.
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(f.) Stipulations of fact.
(g.) Novel or unusual questions of law or evidence.
(h.) Estimated length of trial (in working days).
(i.) Possibility of settlement.
(j.) Miscellaneous matters that may contribute to the just, speedy, and
inexpensive determination of the case.
Forty-five (45) days before trial (47 days if service by mail), plaintiff’s counsel shall
serve opposing counsel with a proposed pretrial order containing the above items except for
the theory of defendant. Within five (5) working days after receipt thereof, opposing counsel
shall furnish plaintiff’s counsel with defendant’s theory and advise of any disagreement as
to the issues or other matters in the proposed pretrial order. The parties shall make diligent,
good faith efforts to reconcile any differences promptly and without the necessity of the
Court's intercession. If the parties cannot agree on a pretrial order, plaintiff’s counsel shall
notify the undersigned's office at least thirty-one (31) days before trial that the parties have,
in a face-to-face conference, been unsuccessful, after a good faith effort, to agree upon a
pretrial order. Thereafter, the undersigned may enter a pretrial order prior to or after the
pretrial conference. Proposed amendments to a pretrial order entered ex parte by a judge or
magistrate judge may be sought by motion filed five (5) days following entry of the order.
The Clerk may provide counsel with a jury list containing names and personal
information concerning prospective petit jurors (hereafter "the jury list"). Counsel and any
other person provided with the jury list may not share the jury list or information therein
except as necessary for purposes of jury selection. Following jury selection, counsel and any
other person provided the jury list must return to the clerk the jury list and any copies made
from the jury list or destroy them.
Failure to file an agreed pretrial order or to notify the undersigned's office that one
cannot be agreed upon as required herein may be deemed a failure to prosecute the action.
See Rule 41(b), Fed. R. Civ. P.
6. Other Scheduling Matters:
(a.) Amendment of Pleadings/Joinder of Parties: At least one hundred
and fifty (150) days before trial all motions for leave to amend the
pleadings and add parties must be filed.
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(b.) Dispositive Motions: All 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 one hundred fifty
(150) days before trial. The failure to timely file such motions will be
grounds to summarily deny them.
(c.) Mediation in Employment Discrimination Cases: In every case
involving employment discrimination, the parties shall jointly file a
report indicating their respective positions regarding whether the
dispute is a matter suitable for mediation, as defined by Local Rule
16.4, one hundred fifty (150) days before trial.
(d.) Motions in Limine: All motions in limine must be filed no later than
thirty (30) days before trial. Such motions in limine will be addressed
by the Court at the final pretrial conference (see No. 7 below), unless
the parties are notified otherwise by the Court.
(e.) Special Requests to Instruct for Jury Trial: Pursuant to Local Rule
51.1, special requests for jury instructions shall be submitted to the
Court no later than thirty (30) days before trial and shall be supported
by citations of authority pursuant to Local Rule 7.4. 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 --
(e.) Proposed Findings of Fact and Conclusions 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 30 days
before trial. Proposed findings of facts shall contain a jurisdictional
statement, identify the parties, and set out the facts in chronological
order the particular party intends to prove at trial. Conclusions of law
should be concise with appropriate citations of authority pursuant to
Local Rule 7.4.
(f.) Exhibits: All anticipated exhibits will be labeled and numbered prior
to trial. At the inception of trial, counsel will furnish the Court with the
original and one (1) copy of their exhibits. The parties are directed to
confer prior to the final pretrial conference as to the authenticity and
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admissibility of exhibits and be prepared to discuss any objections at
the pretrial conference.
(g.) Witness Lists: Forty-five (45) days before trial, the parties shall file
a final witness list covering the information specified in Rule 26(a)(3).
Within five (5) days after service of a final witness list, such list may
be supplemented.
(h.) Trial Briefs: At least fifteen (15) days before trial, the parties must file
trial briefs concerning any novel or unusual questions of law that have
been highlighted in the pretrial order.
(i.) Use of Depositions at Trial: In the event that a party files an objection
within the time specified by Rule 26(a) to the use under Rule 32(a) of
a deposition designated by another party under subparagraph (B) of
Rule 26(a)(3), or any objection, together with the grounds therefor, that
may be made to the admissibility of materials identified under
subparagraph (C) of Rule 26(a)(3), and desires the Court to consider
such objection or objections to be in the nature of a motion in limine,
such objections shall be accompanied by a brief in support of such
objection/motion in limine. Should a hearing be directed by the Court
regarding such motions in limine, the parties shall be notified of the
date and time thereof. Counsel are reminded that objections not so
disclosed, other than objections under Rules 402 and 403, Federal
Rules of Evidence, shall be deemed waived unless excused by the
Court for good cause shown.
7. Final Pretrial Conference: A final pretrial conference shall be held in
Knoxville on .
8. Trial: The trial of this case will be held in Knoxville before the undersigned
with/without a jury beginning on .
If there are any preliminary matters, counsel shall be present at 8:30 a.m. to take up
any such matters which may require the Court's attention. The parties shall be prepared to
commence trial at 9:00 a.m. on the date which has been assigned. If this case is not heard
immediately, it will be held in line until the following day or anytime during the week of the
scheduled trial date.
9. Consent to Magistrate Judge: You are reminded that United States magistrate
judges in this District have authority to try civil cases, both jury and nonjury, upon consent
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of the parties pursuant to 28 U.S.C. § 636(c). If you desire to have your case tried by consent
by a magistrate judge, notify the Court’s judicial assistant, Ms. Lori Gibson at (865) 545-
4762, or at
[email protected].
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.
IT IS SO ORDERED.
ENTER:
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