IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
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)
Plaintiff, )
)
vs. ) No. ______________
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)
)
Defendant. )
MODEL SCHEDULING ORDER FOR ROUTINE CASES
Pursuant to written notice, a scheduling conference was held on [date]. Present were
_____________, counsel for plaintiff, and _________________, counsel for defendant. At the
conference, the following dates were established as the final deadlines for:
INITIAL DISCLOSURES PURSUANT TO FED. R. CIV. P. 26(a)(1): _______________
(If not made before the Rule 16(b) conference, then 14 days after the Rule 16(b) conference.)
MOTIONS TO JOIN PARTIES: _______________________
(filed within 2 months after conference)
MOTIONS TO AMEND PLEADINGS: ______________________
(filed within 2 months after conference)
MOTIONS TO DISMISS: _______________________
(filed within 3 months after conference)
COMPLETING ALL DISCOVERY: ________________________
(within 6 to 8 months after conference)
(a) DOCUMENT PRODUCTION: ______________________
(Same as discovery deadline or at intervals during the discovery period)
(b) DEPOSITIONS, INTERROGATORIES AND REQUESTS FOR ADMISSIONS:
_____________________
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(Same as discovery deadline or at intervals during the discovery period)
(c) EXPERT WITNESS DISCLOSURES (Rule 26):
(1) DISCLOSURE OF PLAINTIFF=S RULE 26 EXPERT
INFORMATION: ____________________
(2 months before close of discovery)
(2) DISCLOSURE OF DEFENDANT=S RULE 26 EXPERT
INFORMATION: ____________________
(1 month before close of discovery)
(3) EXPERT WITNESS DEPOSITIONS: ____________________
(by discovery deadline)
MOTIONS TO EXCLUDE EXPERTS/DAUBERT MOTIONS: ____________________
(within 1 month of close of discovery)
FILING DISPOSITIVE MOTIONS: ____________________
(within 1 month of close of discovery)
OTHER RELEVANT MATTERS:
As required by Local Rule 26.1(e), the parties have conferred as to whether they will seek
discovery of electronically stored information (Ae-discovery@) and [have agreed that e-discovery is
not appropriate in this case and therefore they will not seek e-discovery] / [have reached an
agreement regarding e-discovery and hereby submit the parties= e-discovery plan for the court’s
approval] / [have not reached an agreement regarding e-discovery and will comply with the default
standards described in Local Rule 26.1(e) until such time, if ever, the parties reach an agreement
and the court approves the parties= e-discovery plan].
[Pursuant to agreement of the parties, if privileged or protected information is inadvertently
produced, the producing party may, by timely notice, assert the privilege or protection and obtain
the return of the materials without waiver].
No depositions may be scheduled to occur after the discovery deadline. All motions,
requests for admissions, or other filings that require a response must be filed sufficiently in advance
of the discovery deadline to enable opposing counsel to respond by the time permitted by the Rules
prior to that date.
Motions to compel discovery are to be filed and served by the discovery deadline or within
30 days of the default or the service of the response, answer, or objection, which is the subject of
the motion, if the default occurs within 30 days of the discovery deadline, unless the time for filing
of such motion is extended for good cause shown, or the objection to the default, response, answer,
or objection is waived.
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This case is set for a [jury] / [non-jury] trial. The pretrial order date, pretrial conference
date, and trial date will be set by the presiding judge. The parties anticipate the trial will last
approximately days.
The parties agree that this case is appropriate for ADR. The parties are ordered to engage in
ADR before ____________________. Pursuant to Local Rule 16.2(d), within 7 days of completion
of ADR, the parties shall file a notice via ECF confirming that the ADR was conducted and
indicating whether it was successful or unsuccessful, without disclosing the parties’ respective
positions at the ADR.
Pursuant to Local Rule 7.2(a)(1)(A), all motions, except motions pursuant to Fed. R. Civ. P.
12, 56, 59, and 60 shall be accompanied by a proposed order in a word processing format sent to the
ECF mailbox of the presiding judge.
Pursuant to Local Rule 7.2(a)(1)(B), the parties are required to consult prior to filing any
motion (except motions filed pursuant to Fed. R. Civ. P. 12, 56, 59, and 60).
The opposing party must file a response to any opposed motion. Pursuant to Local Rule
7.2(a)(2), a party=s failure to respond timely to any motion, other than one requesting dismissal of a
claim or action, may be deemed good grounds for granting the motion.
Neither party may file an additional reply to any motion, other than a motion filed pursuant
to Fed. R. Civ. P. 12(b) or 56, without leave of the court. Pursuant to Local Rule 7.2(c), if a party
believes that a reply is necessary, it shall file a motion for leave to file a reply within 7 days of
service of the response, setting forth the reasons why a reply is required.
The parties [do] / [do not] consent to trial before the Magistrate Judge.
This order has been entered after consultation with the parties. Absent good cause
shown, the deadlines set by this order will not be modified or extended.
IT IS SO ORDERED this day of , 20 .
___________________________________
CHARMIANE G. CLAXTON
UNITED STATES MAGISTRATE JUDGE
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