Tennessee > Federal > USDC Eastern > Civil
Scheduling Order (Jury - Judge Varlan - Knoxville) - Tennessee
| Scheduling Order (Jury - Judge Varlan - Knoxville) Form. This is a Tennessee form and can be used in Civil USDC Eastern Federal . |
|
||||||
 Get this form for FREE as a print-only pdf |
|||||||
|
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE ) ) Plaintiff, ) ) v. ) No.: 3: ) (VARLAN) ) ) Defendant. ) SCHEDULING ORDER 1. Introduction: Pursuant to Fed. R. Civ. P. 16(b), a scheduling conference was heldin this cause on _________________, 2003. Present representing the plaintiff was/were attorneys__________________________________. Present representing the defendants was/were attorneys__________________________________. The following actions were taken: 2. Jurisdiction : In this case, the subject matter jurisdiction of the Court has beeninvoked pursuant to 28 U.S.C. 1332, and is/is not in dispute. 3. Settlement/Alternative Dispute Resolution: (a) The possibility of settlement is at this time. (b) Is this case appropriate for ADR pursuant to Local Rule 16.4? Informationon ADR and about the court in general can be found on the Courts web page (www.tned.uscourts.gov). 4. Disclosure and Discovery: (a) Fed. R. Civ. P. 26(f) Meeting: The parties have held a discovery meeting asrequired by Fed. R. Civ. P. 26(f). -- or The parties shall hold a discovery planning meeting as required by Rule 26(f)on or before __________________________________. (b) Discovery Plan: At the Rule 26(f) meeting, the parties shall, if they have notalready done so, develop a discovery plan and file it with the court within ten (10) days after thismeeting. This discovery plan shall conformto the provisions of Fed. R. Civ. P. 26(f). <<<<<<<<<********>>>>>>>>>>>>> 2 (c) Initial Disclosures: At the Rule 26(f) meeting or within ten (10) daysthereafter, the parties shall, if they have not already done so, make all disclosures required by Rule26(a)(1). (d) Expert Testimony: Disclosure of any expert testimony in accordance withFed. R. Civ. P. 26(a)(2) shall be made by all parties on or before one hundred twenty (120) daysbefore trial. (e) Computer-Generated Animation. If any party intends to offer a computer-generated animation into evidence, the party shall disclose that intention at the time expertdisclosures are made pursuant to Fed. R. Civ. P. 26(a)(2). A copy of the animation shall befurnished to all other parties no later than 45 days prior to the filing of pretrial disclosures pursuant ose of expert discovery, if that to Fed. R. Civ. P. 26(a)(3) [or the clparties, the date of delivery of the animation my be adjourned to no later than the date on whichathe pretrial order is filed. (f) Evidence-Presentation Equipment. If either party intends to use electronic, mechanical or other equipment to display evidence at trial, the parties shall confer in aneffort to agree on the size, type and location of equipment to be used in the courtroom. If the partiesagree, they shall file their joint proposal on the date on which the final pretrial order is due. If theparties cannot agree, each party shall file its proposal on the date on which the pretrial order is dueand may comment on the proposal filed by any other party within two business days thereafter. Ifone or more of the parties desire to use the courts Digital Evidence Presentation System (DEPS)at trial or for any pretrial hearing, notice must be given to my courtroom deputy clerk, Ms. JulieNorwood (865/545-4234 ext. 285) at least five (5) working days before the hearing or trial. Theequipment is shared with other judges and it is recommended that counsel reserve the equipmentearly. (g) Pretrial Disclosures: On or before thirty (30) days before trial, the partiesshall make all pretrial disclosures specified in Fed. R. Civ. P. 26(a)(3), except as to witnesses (see6(g) below). (h) All Discovery: All discovery, including the taking of depositions "forevidence," shall be completed by ninety (90) days before trial. (Motions to compel must be filedat least 30 days before this deadline.) (i) Discovery Disputes: Discovery disputes shall be resolved in the followingmanner: (1) Parties shall first meet and/or confer in an attempt to resolve disputes betweenthemselves, without judicial intervention; (2) if the parties are unable to resolve such disputesinformally, they shall attempt to resolve their disagreement by telephone conference with theMagistrate Judge assigned to this case; (3) if, and only if, the parties are unable to resolve theirdisputes after conference with the Magistrate Judge, they may file appropriate written motions with 2<<<<<<<<<********>>>>>>>>>>>>> 3the court, which may be referred to the Magistrate Judge. Any written motions regarding discoveryshall include the written certification required by Rule 37(a)(2)(A), if applicable. 5. Pretrial Orders and Pretrial Conferences: Unless counsel are otherwise directed by the court, the following shall govern withregard to pretrial orders and conferences in this particular case. Thirty (30) days before trial, an agreed pretrial order shall be filed with the clerk.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 plaintiffs theory. (d) Short summary of defendants theory. (e) The issues to be submitted to the trial judge or jury. (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), plaintiffs counsel shallserve opposing counsel with a proposed pretrial order containing the above items except for thetheory of defendant. Within five (5) working days after receipt thereof, opposing counsel shallfurnish plaintiffs counsel with defendants theory and advise of any disagreement as to the issuesor other matters in the proposed pretrial order. The parties shall make diligent, good faith effortsto reconcile any differences promptly and without the necessity of the courts intercession. If theparties cannot agree on a pretrial order, plaintiffs attorney shall notify the undersigneds office atleast thirty-one (31) days before trial that the parties have, in a face-to-face conference, beenunsuccessful, after a good faith effort, to agree upon a pretrial order. Thereafter, the undersignedmay enter a pretrial order or hold a pretrial conference. Counsel will receive specific writteninstructions on pretrial conference procedures if a pretrial hearing is to take place before theundersigned to prepare a pretrial order. Any pretria
|
|||||||
