COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. UNITED STATES DISTRICT COURT : JUDICIAL SUBPOENA Plaintiff(s) EASTERN DISTRICT OF TENNESSEE -against: AT KNOXVILLE : ) ) Plaintiff, ) Defendant(s) : ...................................................... ) v. ) ) ) THE PEOPLE OF THE STATE OF NEW YORK ) Defendant. ) TO : GREETINGS: No.: 3: (VARLAN) SCHEDULING ORDER WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Introduction: Pursuantat the R. Civ. P.Court a scheduling conference was held , to Fed. 16(b), the Honorable 1. in this cause on _________________, 2003. Present representing the plaintiff was/were attorneys located at County of __________________________________. Present representingin the in room , on the day of , 20 , at o'clock the defendants was/were attorneys noon, and at any recessed __________________________________. The this action on the part of the following actions were taken: or adjourned date, to testify and give evidence as a witness in 2. Jurisdiction: In this case, the subject matter jurisdiction of the Court has been invoked pursuant to 28 U.S.C. § 1332, and is/is not in dispute. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a 3. Settlement/Alternative Dispute Resolution: result of your failure to comply. (a) Witness, Honorable Court in County, The possibility of settlement is day of at this time. , one of the Justices of the , 20 (b) Is this case appropriate for ADR pursuant to Local Rule 16.4? Information on ADR and about the court in general can be found on the Court’s web page (www.tned.uscourts.gov). (Attorney must sign above and type name below) 4. Disclosure and Discovery: Attorney(s) for (a) Fed. R. Civ. P. 26(f) Meeting: The parties have held a discovery meeting as required by Fed. R. Civ. P. 26(f). -- or – Office and P.O. Address The parties shall hold a discovery planning meeting as required by Rule 26(f) on or before __________________________________. Telephone No.: (b) Discovery Plan: At the Rule 26(f) meeting, the parties shall, if they have not already done so, develop a discovery plan and fileFacsimile No.: it with the court within ten (10) days after this E-Mail Address: meeting. This discovery plan shall conform to the provisions of Fed. R. Civ. P. 26(f). Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. (c) Initial Disclosures: At the Rule 26(f) meeting or within ten (10) days : JUDICIAL SUBPOENA thereafter, the parties shall, if theyPlaintiff(s)already done so, make all disclosures required by Rule have not -against: 26(a)(1). : (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 one hundred twenty (120) days : before trial. Defendant(s) : . . . . . . . . . . . . . . . . . . . . .(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 expert disclosures are made pursuant to Fed. R. Civ. P. 26(a)(2). A copy of the animation shall be furnished to all other OF NEW later than 45 days prior to the filing of pretrial disclosures pursuant THE PEOPLE OF THE STATEparties no YORK to Fed. R. Civ. P. 26(a)(3) [or the close of expert discovery, if that is earlier]. By agreement of the parties, the date of delivery of the animation may be adjourned to no later than the date on which TO the pretrial order is filed. (f) Evidence-Presentation Equipment. If either party intends to use GREETINGS: electronic, mechanical or other equipment to display evidence at trial, the parties shall confer in an effort to agree on the size, type and location of equipment to be used in the courtroom. If the parties WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before agree, the Honorable they shall file their joint proposal on the date on which the final pretrial order is due. If the , at the Court parties cannot agree, each party shall file its proposal on the date on which the pretrial order is due located at County of the proposal filed 20 any, other party within two business daysat any recessed in room and may ,comment on day of on the , by at o'clock in the noon, and thereafter. If one date, to testify and give evidence as a witness in this action on the part Presentation System (DEPS) or more of the parties desire to use the court’s Digital Evidence of the or adjourned at trial or for any pretrial hearing, notice must be given to my courtroom deputy clerk, Ms. Julie Norwood (865/545-4234 ext. 285) at least five (5) working days before the hearing or trial. The equipment is shared with other judges and it is recommended that counsel reserve the equipment Your early.failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Court in (g) Pretrial Disclosures: On or before thirty (30) days before trial, the parties shall make all pretrial disclosures specified in Fed. R. Civ. P. 26(a)(3), except as to witnesses (see Witness, Honorable , one of the Justices of the 6(g) below). County, day of , 20 (h) All Discovery: All discovery, including the taking of depositions "for evidence," shall be completed by ninety (90) days before trial. (Motions to compel must be filed (Attorney must sign above and type name below) at least 30 days before this deadline.) (i) manner: Discovery Disputes: Discovery disputes shall be resolved in the following Attorney(s) for (1) Parties shall first meet and/or confer in an attempt to resolve disputes between themselves, without judicial intervention; (2) if the parties are unable to resolve such disputes Office and P.O. telephone conference with the informally, they shall attempt to resolve their disagreement byAddress Magistrate Judge assigned to this case; (3) if, and only if, the parties are unable to resolve their disputes after conference with the Magistrate Judge, they may file appropriate written motions with Telephone No.: Facsimile No.: E-Mail Address: 2 Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. the court, which may be referred to the Magistrate Judge. Any written motions regarding discovery : JUDICIAL SUBPOENA Plaintiff(s) shall include the written certification required by Rule 37(a)(2)(A), if applicable. -against- 5. : Pretrial Orders and Pretrial Conferences: : Unless counsel are otherwise directed by the court, the following shall govern with : regard to pretrial orders and conferences in this particular case. Defendant(s) : . . . . . . . . . . . . . . . . . . . . .Thirty .(30). days .before .trial, .an. agreed pretrial order shall be filed with the clerk. ..... ... .... ..... .... . ..... The order shall contain the following recitals: (a) THE PEOPLE OF THE STATE Jurisdiction. OF NEW YORK (b) That the pleadings are amended to conform to the pretrial order. TO (c) Short summary of plaintiff’s theory. (d) Short summary of defendant’s theory. (e) The issues to be submitted to the trial judge or jury. GREETINGS: (f) Stipulations of fact. (g) Novel or unusual questions of law or evidence. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before (h) Estimated length at the (in working days). of trial , the Honorable Court (i) Possibility of settlement. located at County of (j) Miscellaneous matters that may contribute to the just, in room , on the day of , 20 , at o'clock in the noon, and at any recessed speedy, and as a witness determination the part of the or adjourned date, to testify and give evidenceinexpensive in this action on of the case. Forty-five (45) days before trial (47 days if service by mail), plaintiff’s counsel shall serve opposing counsel with a proposed pretrial order containing the above items except for the Your failure to comply Within subpoena is punishable after receipt of court opposing counsel shall theory of defendant. with thisfive (5) working days as a contempt thereof, and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a furnish plaintiff’s counsel with defendant’s theory and advise of any disagreement as to the issues result of your failure to comply. or other matters in the proposed pretrial order. The parties shall make diligent, good faith efforts to reconcile any differences promptly and without the necessity of the court's intercession. If the Witness, Honorable , one of the Justices of the parties cannot agree on a pretrial order, plaintiff’s attorney shall notify the undersigned's office at Court in County, day of , 20 least thirty-one (31) days before trial that the parties have, in a face-to-face conference, been unsuccessful, after a good faith effort, to agree upon a pretrial order. Thereafter, the undersigned may enter a pretrial order or hold a pretrial conference. Counsel will receive specific written instructions on pretrial conference procedures if (Attorney musthearing is to take place before the a pretrial sign above and type name below) undersigned to prepare a pretrial order. Any pretrial conference for that purpose will be held fourteen (14) to twenty-five (25) days prior to trial. Amendments to a pretrial order entered ex parte Attorney(s) five by a judge or magistrate judge may be sought by motion filedfor (5) days following entry of the order. Notwithstanding the filing of an agreed pretrial order, a final pretrial conference may be held shortly before trial to address matters which need to be discussed before the time of trial (See No. 7 below). Office and P.O. Address Failure to file an agreed pretrial order or to notify the undersigned's office that one cannot be agreed upon as required herein may be deemed a failure to prosecute the action. See Rule Telephone No.: 41(b), Fed. R. Civ. P. Facsimile No.: E-Mail Address: 3 Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : 6. Other Scheduling Matters: Plaintiff(s) Calendar No. : JUDICIAL SUBPOENA -against: (a) Amendment of Pleadings/Joinder of Parties: At least one hundred and twenty (120) days before trial all motions for leave to amend the pleadings and add parties must be : filed. : (b) 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, Defendant(s) : . . . . . . . .but. no .later.than. one .hundred. twenty . . . . . .days. before trial. The failure to timely file such motions . . . . . . . . . . . . . . . . . . . . . . . . . (120) . . . . . . . . will be grounds to summarily deny them. (c) Motions in Limine: All motions in limine must be filed no later than thirty THE PEOPLE OF THE STATE OF NEW YORK TO (30) days before trial. Should a hearing be directed by the court in regard to such motions in limine, the parties will be notified of the date and time therefor. Otherwise, such motions in limine shall be addressed by the court at the final pretrial conference (see No. 7 below). (d) Daubert Hearing: Motions seeking a Daubert hearing must be filed at least GREETINGS: (90) days before trial or they will be deemed waived. ninety WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before (e) Special Requests to Instruct for Jury Trial: Pursuant to Local Rule 51.1, , the Honorable at the Court special requests for jury instructions shall be submitted to the Court no later than thirty (30) days located at County of in room before trial and shall be supported by citations at authority pursuant to Local Rule at anyThere is , on the day of , 20 , of o'clock in the noon, and 7.4. recessed reserved to testify and give evidence as a witness in this action on the part ofsupplemental requests for to counsel for the respective parties the right to submit the or adjourned date, instructions during the course of the trial or at the conclusion of trial upon matters that cannot be reasonably anticipated. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to (f) Exhibits: All anticipated exhibits will be labeled and numbered prior to trial. the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a At the inception of trial, counsel will furnish the court with two (2) copies of their exhibit lists, so result of your failure to comply. numbered. Witness, Honorable (g) Court in County, , one of the Justices of the Witness Lists: Forty-five (45) days before trial, the parties shall file a final day of , 20 witness list covering the information specified in Rule 26(a)(3). Within five (5) days after service of a final witness list, such list may be supplemented. (Attorney must sign above and type name below) (h) Trial Briefs: At least seven (7) days before trial, the parties must file trial briefs concerning any novel or unusual questions of law that have been highlighted in the pretrial order. Attorney(s) for (i) Use of Depositions at Trial: In the event that a party files an objection within the time specified by Rule 26(a) to the use under Rule 32(a) of a deposition designated by another party under subparagraph (B) of Rule 26(a)(3), or any objection, together with the grounds therefor, that may be made to the admissibility of materials identified under subparagraph (C) of Office and P.O. objections to be in the nature of Rule 26(a)(3), and desires the court to consider such objection or Address a motion in limine, such objections shall be accompanied by a brief in support of such objection/motion in limine. Should a hearing be directed by the court regarding such motions in Telephone No.: limine, the parties shall be notified of the date and time thereof. Counsel are reminded that Facsimile No.: E-Mail Address: 4 Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. objections not so disclosed, other than objections under Rules 402 and 403, Federal Rules of : JUDICIAL SUBPOENA Plaintiff(s) Evidence, shall be deemed waived unless excused by the court for good cause shown. -against- : 7. 8. on Final Pretrial Conference: A final pretrial conference shall be held in this case on : , 200 , at .m. Trial: The trial of this case will be held before the undersigned with a jury beginning at 9:00 a.m. The trial is expected :to last ( ) days. Defendant(s) : ...................................................... If there are any preliminary matters, counsel shall be present at 8:30 a.m. to take up any such matters which may require the Court's attention. The parties shall be prepared to commence trial at 9:00 NEW YORK THE PEOPLE OF THE STATE OF 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. TO 9. Consent to Magistrate Judge: You are reminded that United States magistrate judges in this District have authority to try civil cases, both jury and nonjury, upon consent of the GREETINGS: You are also reminded that magistrate judges may on stipulation hear and determine parties. dispositive motions. If you desire to have your case tried by consent by a magistrate judge, or if you WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before wish the Honorable to allow a magistrate judge to decide the dispositive motions, notify my judicial assistant, Lori , at any Court Gibson at (865/545-4762). at located County of in room SHOULDon the SCHEDULED TRIAL20 , THE day of , DATEat , CHANGE FOR ANY REASON, THE OTHER o'clock in the noon, and at any recessed DATES CONTAINED IN THIS ORDER SHALL REMAIN AS part of the or adjourned date, to testify and give evidence as a witness in this action on the 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. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to IT IS SO ORDERED. the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. ENTER: Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) THOMAS A. VARLAN UNITED STATES DISTRICT JUDGE Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: 5 Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com