UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at CHATTANOOGA ************** FORM (No Need for Counsel to Prepare Prior to Conference) ************** SCHEDULING ORDER 1. Introduction: Pursuant to Fed. R. Civ. P. 16(b) a scheduling conference was held in this cause on . 2. Jurisdiction: In this case, 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: (a) The possibility of settlement is at this time. (b) The parties will discuss the possibility of utilizing the Federal Court Mediation Program. They will notify the Court on or before as to whether they think the Federal Court Mediation Program can aid in resolving this case. Letters should be sent to the attention of U.S. District Court Clerk’s Office, Division Manager, 900 Georgia Avenue, Room 309, Chattanooga, Tennessee 37402. American LegalNet, Inc. www.FormsWorkFlow.com 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. 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 Fed. R. Civ. P. 26(a)(2) shall be made by all parties on or before . (e) Final Witness List: On or before , the parties shall provide to all other parties a final witness list in accordance with Fed. R. Civ. P. 26(a)(3)(A). Within five (5) days after service of this final witness list, the list may be supplemented. After that time the list may be supplemented 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 Fed. R. Civ. P. 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 with use of the Jury Evidence Recording System (JERS). Paper documents cannot be used. At least five (5) 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 by _____________, and shall confirm the compatibility/viability of their planned use of technology 2 American LegalNet, Inc. www.FormsWorkFlow.com 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 five (5) days prior to trial. 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 (directory available on website). 6. Other Scheduling Matters: (a) Joinder of Parties: If any party wishes to join one or more additional parties, such joinder shall be made by . (b) Amendment of Pleadings: If any party wishes to amend the pleadings, such motion should be filed by . (c) 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 . The failure to timely file such motions will be grounds to summarily deny them. (d) Motions in Limine: Any motions in limine must be filed no later than . (e) Special Requests to Instruct for Jury Trial: Pursuant to Local Rule 51.1, requests for jury instructions shall be submitted to the Court no later than __________________ and shall be supported by citations of authority pursuant to Local Rule 7.4. A copy of the prepared jury instructions should be sent as an electronic mail attachment in Word Perfect or Word Perfect-compatible format to collier_chambers@tned.uscourts.gov. -- or -Proposed Findings of Fact and Conclusion 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 an electronic mail attachment in Word Perfect or Word Perfect-compatible format to collier_chambers@tned.uscourts.gov 7. on Final Pretrial Conference: A final pretrial conference will be held in this case at before the United States District Judge, Room 317, U. S. 3 American LegalNet, Inc. www.FormsWorkFlow.com Courthouse, 900 Georgia Avenue, Chattanooga, Tennessee. The parties shall prepare and submit a final pretrial order to the Court on or before the date of the final pretrial conference. 8. Trial: The trial of this case will be held before the United States District Judge (and a jury) (without the intervention of a jury) beginning on . The trial is expected to last days. Counsel shall be present at 9:00 a.m. to take up any preliminary 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. 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. 4 American LegalNet, Inc. www.FormsWorkFlow.com