UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
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Plaintiff, ) No.: 3:21-CV-
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v. )
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Defendant. )
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SCHEDULING ORDER
1. Introduction: The parties filed a Rule 26(f) report on [DATE] [and a Rule 16 scheduling
conference was held on [DATE] 1]. The key scheduling deadlines are listed below with further
discussion set forth herein.
Key Scheduling Dates
Trial Begins
Estimated Length of Trial days
Final Pretrial Conference
Dispositive Motions Deadline and
Daubert Motion Deadline
Discovery Deadline
Expert Disclosure Deadline Plaintiff:
Defendant:
Rebuttal:
Except as otherwise set forth in this order, the schedule will not change except for good cause
shown in strict compliance with Rule 6(b).
2. Jurisdiction: In this case, the subject matter jurisdiction of the Court has been invoked by
plaintiff pursuant to 28 U.S.C. § [XXXX].
3. Settlement/Alternative Dispute Resolution: The parties are advised of the availability
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NOTE: The Court will determine whether to hold a Rule 16 scheduling conference on a case-
by-case basis after receiving the parties’ Rule 26(f) report.
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of the Federal Mediation Program (see Local Rule 16.4) and shall consider utilization of
the program.
a. Mediation in Employment Discrimination Cases: In each case involving alleged
employment discrimination, the parties shall within [~5.5 months before trial] jointly
file a report indicating their respective positions regarding whether the dispute is a
matter suitable for mediation using the Federal Mediation Program under Local Rule
16.4.
b. Utilization of Federal Mediation Program: If the parties elect to utilize the Federal
Mediation Program, please notify the Mediation Coordinator; Howard H. Baker, Jr.
United States Courthouse; 800 Market Street, Suite 130; Knoxville, Tennessee 37902.
4. Disclosure and Discovery; Including Experts:
a. Rule 26(f) Meeting and Discovery Plan: [All steps were previously completed/
Indicate any outstanding issues and deadline]. The parties shall follow their discovery
plan but may seek assistance from the Court in the event of a dispute.
b. Electronic Discovery: The parties shall confer regarding the manner and method of
exchanging electronic discovery and seek the Court’s assistance in the event an
agreement cannot be reached.
c. Initial Disclosures: The parties agreed to complete initial disclosures under Fed. R.
Civ. P. 26(a)(1) by [DATE].
d. Protective Orders: In the event a need for a protective order arises, the parties shall
endeavor to reach an agreement as to a protective order. In the absence of agreement,
either party may file a motion for a protective order.
e. Expert Testimony: Disclosure of any expert testimony in accordance with Fed. R.
Civ. P. 26(a)(2)(B) and (C) shall be made by the plaintiff(s) on or before [~8 months
before trial], and by defendant(s) on or before [~7 months before trial]. Parties shall
disclose rebuttal expert testimony no later than [~6.5 months before trial]. Parties
shall supplement these disclosures when required under Fed. R. Civ. P. 26(e).
f. All Discovery: All discovery, including expert depositions, shall be completed by
[~5.5 months before trial]. All written discovery requests should be served
sufficiently in advance of the discovery deadline so that responses will be due prior to
the deadline.
g. Motion to Compel: Prior to filing a motion to compel, relevant parties shall meet and
confer in an attempt to resolve the dispute. If the relevant parties are unable to resolve
the dispute informally, the relevant parties shall contact chambers of the assigned
Magistrate Judge to notify the Court of a dispute and schedule a time for a telephone
conference to attempt to resolve the dispute. If, and only if, the relevant parties’ dispute
is unresolved following the conference with the Magistrate Judge, the parties may file
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an appropriate written motion with the Court. Any written motion shall include a
certification of compliance with this subsection and, if applicable, the written
certification required by Fed. R. Civ. P. 37(a)(1).
5. Other Scheduling Matters and Motion Practice
a. Amendment of Pleadings/Joinder: Any motion to amend the pleadings or add
parties should be filed on or before [~29 weeks before trial].
b. Dispositive Motions: All dispositive motions under Fed. R. Civ. P. 12 and 56 shall be
filed on or before [~4 months before trial]. Any untimely motion may be summarily
denied. Per Local Rule 7.1(a), a responding party shall have twenty-one (21) days
after the date a dispositive motion is filed to respond, after which time the Court may
proceed to rule upon the motion on the basis of the record as it then appears.
c. Expert Witness and Daubert Motions: Objections to a proposed expert witness’s
qualifications or that witness’s competency to offer an expert opinion, or any objection
to a proposed expert’s testimony under Federal Rules of Evidence 701 through 706 and
Daubert, shall be filed by [~ 4 months before trial]. Responses shall be filed on or
before [~3 mos. before trial]. Pursuant to Local Rule 7.1(c), unless otherwise stated
by the Court, reply briefs are not necessary and are not required by the Court.
Any applicable objection must be filed by this date or an extension thereof.
Otherwise, the objection is deemed waived. If a party desires to take the
deposition of a proposed expert prior to filing an objection under this subsection,
it must do so and file the objection by this deadline.
d. Motions in Limine: Motions in limine (with supporting authority) relating to exhibits,
depositions (including video depositions), and witnesses (other than experts) must be
filed by [~60 days before trial]. Responses must be filed on or before [~30 days before
trial]. Motions in limine may be heard at the final pretrial conference.
If the Court grants a motion in limine excluding a portion of a recording, counsel must
edit the recording to conform to the Court’s order, or the recording will not be admitted
into evidence.
The Court will not entertain a motion to exclude expert testimony styled as a
motion in limine. Any motions to exclude expert testimony in full or in part
pursuant to Federal Rules of Evidence 701 through 706 must be filed on or before
the Daubert motion deadline.
e. Other Nondispositive Motions: All nondispositive motions other than motions in
limine shall be filed on or before [~60 days before trial]. Consistent with Local Rule
7.1(a), responses must be filed on or before [14 days later].
f. Final Exhibit and Witness Lists and Deposition Designations/Pretrial Disclosures:
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On or before thirty (30) days before the final pretrial conference, the parties shall make
pretrial disclosures in accordance with the following:
Provide to all parties a final witness list in accordance with Rule 26(a)(3). The list may
be supplemented within five (5) days after service. After that time the list shall only be
supplemented with leave of Court and for good cause.
Exchange exhibit lists and designations of depositions, or portions thereof, to be placed
in evidence and produce the exhibits for inspection by the opposing parties.
Parties may file objections after the exhibit list exchange for the limited purpose of
raising objections to authenticity and/or admissibility. Objections must be filed at least
twenty-one (21) days prior to the final pretrial conference. Unless written objection is
made to the authenticity and/or admissibility of an exhibit, an objection to the
authenticity and/or admissibility of the exhibit is deemed waived unless excused for
good cause.
Furnish opposing parties a list of damages if damages are claimed.
Failure to fully comply with this section will likely result in the exclusion of these
items from use at trial in that party’s case-in-chief.
g. Depositions for Evidence: Depositions for evidence (proof) shall be completed thirty
(30) days prior to the final pretrial conference.
6. Final Pretrial Conference and Pretrial Orders
a. Final Pretrial Conference: A final pretrial conference will be held on [~2 weeks
before trial] at the Howard H. Baker, Jr. United States Courthouse, Courtroom 3C.
b. Final Pretrial Order: A proposed final pretrial order shall be filed five (5) days before
the final pretrial conference. The order shall contain the following recitals:
(1) Jurisdiction.
(2) Admissions and Stipulations. The parties shall set out in numbered paragraphs each
fact that is not in dispute. The parties are reminded that the Court, in an effort to
reduce the need for evidence at and length of trial, expects the parties to approach
this task in a good faith effort to agree on all relevant facts for which there is no
reasonable basis for disagreement. In a jury trial, the Court will read this section to
the jury and instruct the jury to accept these stipulated facts as true.
(3) General Nature of the Claims of the Parties:
a) Summary of the plaintiff’s theory. For each defendant, each plaintiff shall
concisely state each legal theory relied upon and the factual allegations the plaintiff
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expects to prove in support of each. Vague, conclusory, and general claims and
allegations are unacceptable. A plaintiff is expected to know the claims and must
be able to state precisely and succinctly the issues to be tried. Each claim must be
set out in a separately numbered and labeled paragraph.
b) Summary of each defendant’s theory. For each claim against a defendant, each
defendant shall concisely state each legal theory relied upon and the factual
allegations the defendant expects to prove in support of each. Vague, conclusory,
and general claims and allegations are unacceptable. A defendant is expected to
know the defenses and must be able to state precisely and succinctly the issues to
be tried. Each defense must be set out in a separately numbered and labeled
paragraph.
(4) Contested Issues of Law.
(5) Novel or Unusual Questions of Law or Evidence.
(6) Damages. If damages cannot be stipulated, each party must show the method by
which damages should be calculated if awarded.
(7) Other Trial Information and Other Matters.
a) That the pleadings are amended to conform to the pretrial order.
b) Estimated length of trial (in eight (8) hour days).
c) Possibility of settlement.
d) Any miscellaneous matters that may contribute to the just, speedy, and
inexpensive disposition of the case.
Forty-five (45) days before the final pretrial conference, 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) business days after receipt thereof, opposing
counsel shall furnish plaintiff’s counsel with defendant’s theory and advise of any
disagreement as to proposed pretrial order content. The parties shall make good faith
efforts to reconcile all differences without the Court’s intercession. If the parties cannot
agree on a pretrial order, plaintiff’s counsel shall notify the undersigned’s chambers at
least twenty-one (21) days before the final pretrial conference that the parties have
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 the Magistrate Judge may
be sought by motion filed ten (10) days following entry of the order.
Failure to file an agreed pretrial order or to notify the undersigned’s chambers
that one cannot be agreed upon as required herein may be deemed a failure to
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prosecute the action, and the Court may dismiss the action. See Fed. R. Civ. P.
41(b).
c. Filings Required after Final Pretrial Conference: At least seven (7) days before
trial, counsel will:
(1) File a final witness list identifying only the witnesses that will be used at trial. This
list shall not identify any witness not appearing on the witness list referenced above;
(2) File a list of damages. The Court prefers a stipulated list of damages. However, if
an agreement cannot be reach, each party must file a list showing the amount of
damages and method of determining damages;
(3) File designations of depositions or portions thereof which will be read at trial;
(4) File as an exhibit the resumes of any expert witnesses;
(5) Jointly submit pre-marked exhibits. Plaintiff’s exhibits shall be numbered
numerically; e.g., Ex. 1, 2, 3, etc. Defendant’s exhibits shall be listed
alphabetically, e.g., Ex. A, B, C, etc. In cases with more than one plaintiff or
defendant, please identify the appropriate party on each exhibit; e.g., in a case with
three corporate defendants: Corporation 1 Ex. A, Corporation 2 Ex. A,
Corporation 3 Ex. A;
(6) File briefs of all contested issues of law; and
(7) For non-jury issues, file proposed findings of fact and conclusions of law with
citations of authority supporting the latter.
d. Jury Instructions: At least ten (10) days before a jury trial, the parties shall file
requests for jury instructions, citing with each request at least one supporting authority.
The parties shall also submit the proposed instructions as a Word document via e-mail
to the undersigned’s chambers.
7. Trial: The trial will be in Knoxville, Tennessee at the Howard H. Baker, Jr. United States
Courthouse, Courtroom 3C, before the undersigned [and a jury] beginning on [DATE]. 2
The expected length of trial is [X] days.
Should the scheduled trial date change for any reason, the other dates contained in this
order that are not expressly tied to the trial date shall remain as scheduled.
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The demands of the Court’s docket dictate that all civil cases be scheduled for trial in Knoxville, Tennessee, where
the undersigned sits, regardless of the division in which the case was originally filed. However, the Court will entertain
a motion to conduct the trial in another division of this Court upon a showing of good cause by the parties. Any such
motion must be filed after the dispositive motions deadline but no later than thirty (30) days before the final pretrial
conference. The grant or denial of any such motion rest in the Court’s sole discretion.
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8. Courtroom Technology Equipment: The evidence presentation system facilitates and
expedites hearings and trials. Attorneys are encouraged to familiarize themselves with this
technology and to make full use of it. Counsel who intend to use the equipment should
notify the courtroom deputy, Mr. Jason Huffaker, at least two (2) days prior to a hearing
or trial so the equipment is ready for use. The courtroom deputy will be available following
the final pretrial conference to assist counsel with the use of the equipment. Counsel may
also contact the courtroom deputy to schedule an alternate time to familiarize themselves
with the equipment.
The U.S. District Court for the Eastern District of Tennessee uses the Jury Evidence
Recording system (JERS) to capture evidence electronically during a trial. The Court will
release admitted evidence to the jury during deliberations, unless the Court specifically
directs otherwise, and the evidence may be played back by the jury in the deliberation
room. To best facilitate presentation of evidence at trial and use of the JERS, the parties
are STRONGLY ENCOURAGED to provide their exhibits to the courtroom deputy no
later than seven (7) days before trial. The exhibits shall be the exhibits that were previously
marked and numbered by the parties. The exhibits SHALL BE SUMBITTED IN
ELECTRONIC FORMAT. It is preferred that the parties provide all electronic evidence
files on USB drives, DVDs, or CDs.
Information on JERS, specific requirements, and 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 courtroom deputy.
9. Conclusion: A failure to comply with the provisions of this order may result in the
exclusion of witnesses, exhibits, depositions, or damages, as the case may be.
SO ORDERED:
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