UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at ________________
**************
FORM
(No Need for Counsel to Complete Prior to Conference)
**************
SCHEDULING ORDER
1. Introduction: Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, a
scheduling conference was held in this case on _________.
2. Jurisdiction: The subject matter jurisdiction of the Court has been invoked pursuant to
__ U.S.C. § _______ and (is)/(is not) in dispute.
3. Consent to Magistrate Judge: The parties (do)/(do not) consent that all proceedings in
this case may be conducted by a United States Magistrate Judge in accordance with 28
U.S.C. § 636(c).
4. Settlement/Alternative Dispute Resolution: The possibility of settlement is
at this time.
5. Disclosure and Discovery:
(a) Fed. R. Civ. P. 26(f) Meeting: The parties have held a discovery planning meeting
as required by Rule 26(f).
--or--
The parties will hold a discovery planning meeting as required by Rule 26(f) on
______________________ at ________m. Eastern time. The location of this
meeting will be _____________________________.
(b) Discovery Plan: The parties have filed with the Court a discovery plan in
accordance with Rule 26(f).
--or--
At the Rule 26(f) meeting, the parties shall develop a discovery plan and file it with
the Court within fourteen (14) days after said meeting. This discovery plan shall
conform to the provisions of Fed. R. Civ. P. 26(f).
(c) Initial Disclosures: The parties shall make all disclosures required by Rule
26(a)(1) on or before ________.
(d) Expert Testimony: Disclosure of any expert testimony in accordance with Rule
26(a)(2) shall be made by Plaintiff by __________ and Defendant by __________.
If either party believes a Daubert hearing may be necessary to determine the
admissibility of expert testimony, the party shall file a motion to that effect no later
than . If one or more Daubert motions are filed, the Court will
hold a hearing on the motions on or around .
(e) Final Witness List: On or before , the parties shall provide to all
other parties a final witness list in accordance with Rule 26(a)(3)(A)(i). Within
seven (7) days after service of this final witness list, the list may be supplemented.
After that time the list may be supplemented only with leave of the Court and for
good cause.
(f) All Discovery: All discovery, including the taking of depositions “for evidence”
and requests for admissions, shall be completed by .
(g) Pretrial Disclosures: On or before , the parties shall make the
pretrial disclosures specified in Rule 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.
(h) Courtroom Technology: Your trial will be conducted with all exhibits in
electronic format through the courtroom’s evidence presentation system. Paper
documents should not be used. At least seven (7) days before the final pretrial
conference, the parties shall disclose, to one another and to the Court, 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 the parties intend to use. Further, the
parties shall disclose to one another the content of their electronic or digital
materials, and shall confirm the compatibility and viability of their planned use of
technology with the Court’s equipment on or before the date of the final pretrial
conference. In order to best facilitate presentation of evidence at trial, parties are
strongly encouraged to provide their exhibits to the courtroom deputy on the date
of the final pretrial conference, or at least seven (7) days prior to trial. Information
on the courtroom’s evidence presentation system, specific requirements, equipment
supplied by the Court, and the Jury Evidence Recording System (JERS) 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 (directory available on website).
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6. Other Scheduling Matters:
(a) Joinder of Parties and Amendment of Pleadings: If any party wishes to join one
or more additional parties or amend the pleadings, such joinder or motion to amend
shall be made by .
-- or –
Because the parties did not indicate a preferred deadline for joinder of parties or
amendment of the pleadings at the scheduling conference, any joinder or motion to
amend shall be filed no later than forty-five (45) days from the entry of this order.
(b) Dispositive Motions: All dispositive motions under Rule 12 and all motions for
summary judgment pursuant to Rule 56 shall be filed as soon as possible, but no
later than . The failure to timely file such motions will be
grounds to summarily deny them.
(c) Motions in Limine: Any motions in limine must be filed no later than .
(d) Special Requests to Instruct for Jury Trial: Requests for jury instructions shall
be submitted to the Court pursuant to Local Rule 51.1 no later than ,
and shall be supported by citations of authority pursuant to Local Rule 7.4. A
copy of the prepared jury instructions shall be filed with the Court and sent as a
Microsoft Word document or in a compatible format to
[email protected].
The parties shall confer and submit joint proposed jury instructions to the extent
possible. Before submitting proposed instructions to the Court, the parties must
attempt to resolve any disagreements. All proposed jury instructions must follow
the form of the Sixth Circuit Criminal Pattern Jury Instructions.
-- or –
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 . Proposed findings of facts shall contain a
jurisdictional statement, identify the parties, and set out the facts in the
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. Conclusions of law should not be argumentative. A copy of the prepared
proposed findings of fact and conclusions of law should be sent as a Microsoft
Word document or in a compatible format to
[email protected].
7. Final Pretrial Conference: A final pretrial conference will be held in chambers on
Thursday, at 3:30 p.m. The parties shall prepare and submit a
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proposed final pretrial order to the Court no later than one business day before the date of
the final pretrial conference. A sample copy of the final pretrial order is located on the
district court’s web page at www.tned.uscourts.gov.
8. Trial: The trial of this case will be held in Chattanooga before the United States District
Judge (and a jury)/(without the intervention of a jury) beginning on . The
trial is expected to last __ days. 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.
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 by motion and seek an order changing those dates.
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