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 1. Introduction: Pursuant toat the R. Civ. P. 16(b), a scheduling conference was held Fed. , the Honorable Court in this cause on _________________, 2003. Present representing the plaintiff was/were attorneys located at County of __________________________________. Present representing the defendants was/wereany recessed in room , on the day of , 20 , at o'clock in the noon, and at attorneys __________________________________. Thein this action on the were taken: following actions part of the or adjourned date, to testify and give evidence as a witness 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. result of your failure toSettlement/Alternative Dispute Resolution: 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 – on or before Office and P.O. Address The parties shall hold a discovery planning meeting as required by Rule 26(f) . Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. (b) Discovery Plan: At the Rule 26(f) meeting, the parties shall, if they have not : JUDICIAL SUBPOENA Plaintiff(s) already done so, develop a discovery plan and file it with the court within ten (10) days after this -against: meeting. This discovery plan shall conform to the provisions of Fed. R. Civ. P. 26(f). : (c) Initial Disclosures: At the Rule 26(f) meeting or within ten (10) days thereafter, the parties shall, if they have not already done so, make all disclosures required by Rule : 26(a)(1). Defendant(s) : . . . . . . . . . . . . . . . . . . . (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. THE PEOPLE OF THE STATE OF NEW YORK (e) Computer-Generated Animation. If any party intends to offer a computerTO 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 parties no later than 45 days prior to the filing of pretrial disclosures pursuant to Fed. R. Civ. P. 26(a)(3) [or the close of expert discovery, if that is earlier]. By agreement of the GREETINGS: the date of delivery of the animation may be adjourned to no later than the date on which parties, the pretrial order is filed. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court (f) Evidence-Presentation Equipment. If either party intends to use located at County of electronic, ,mechanical or other equipment 20 display evidence at trial, the parties shall conferrecessed in room on the day of , to , at o'clock in the noon, and at any in an effort date, to testify and give evidence as a witness in this action on the part ofcourtroom. If the parties to agree on the size, type and location of equipment to be used in the the or adjourned agree, they shall file their joint proposal on the date on which the final pretrial order is due. If the parties cannot agree, each party shall file its proposal on the date on which the pretrial order is due and may comment on the proposal filed by any other party within two business days thereafter. If Your failure to comply with this to use the punishable as a Evidence Presentation System (DEPS) one or more of the parties desire subpoena iscourt’s Digital 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 at trial or for any pretrial hearing, notice must be given to my courtroom deputy clerk, Ms. Julie result of your failure to comply. 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 Witness, Honorable , one of the Justices of the early. Court in County, day of , 20 (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 (Attorney must sign above and type name below) 6(g) below). (h) All Discovery: All discovery, including the taking of depositions "for Attorney(s) (Motions to compel must be filed evidence," shall be completed by ninety (90) days before trial. for at least 30 days before this deadline.) (i) manner: Discovery Disputes: Discovery disputes shall be resolved in the following Office and P.O. Address (1) Parties shall first meet and/or confer in an attempt to resolve disputes between themselves, without judicial intervention; (2) if theTelephone No.: parties are unable to resolve such disputes Facsimile by informally, they shall attempt to resolve their disagreementNo.: telephone conference with the E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. Magistrate Judge assigned to this case; (3) if, and only if, the parties are unable to resolve their : JUDICIAL SUBPOENA Plaintiff(s) disputes after conference with the Magistrate Judge, they may file appropriate written motions with -against: the court, which may be referred to the Magistrate Judge. Any written motions regarding discovery shall 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 with Defendant(s) : . . . . . . regard. 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 THE STATE OF following recitals: THE PEOPLE OFshall contain the NEW YORK Jurisdiction. That the pleadings are amended to conform to the pretrial order. (c) Short summary of plaintiff’s theory. GREETINGS: (d) Short summary of defendant’s theory. (e) The issues to be submitted to the trial judge. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before (f) Stipulations of fact. , the Honorable at the Court (g) Novel or unusual questions of law or evidence. located at County of (h) Estimated length of, trial (in at days). in room , on the day of 20 , working o'clock in the noon, and at any recessed (i) and give evidence as a witness in this action on the part of the Possibility of settlement. or adjourned date, to testify (j) Miscellaneous matters that may contribute to the just, speedy, and inexpensive determination of the case. TO (a) (b) Your failure to comply with this subpoena is punishable as a contempt mail), plaintiff’smake youshall to Forty-five (45) days before trial (47 days if service by of court and will counsel liable the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a serve opposing counsel with a proposed pretrial order containing the above items except for the result of your failure to comply. theory of defendant. Within five (5) working days after receipt thereof, opposing counsel shall furnish plaintiff’s counsel with defendant’s theory and advise of any disagreement as to the issues Witness, Honorable , one of the Justices of the or other matters in the proposed pretrial order. The parties shall make diligent, good faith efforts Court in County, day of , 20 to reconcile any differences promptly and without the necessity of the court's intercession. If the parties cannot agree on a pretrial order, plaintiff’s attorney shall notify the undersigned's office at 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(Attorney must sign above and type name below) 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 a pretrial hearing is to take place before the Attorney(s) for 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 by a judge or magistrate judge may be sought by motion filed five (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 Office and P.O. Address time of trial (See No. be discussed before the 7 below). Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. Failure to file an agreed pretrial order or to notify the undersigned's office that one : JUDICIAL SUBPOENA Plaintiff(s) cannot be agreed upon as required herein may be deemed a failure to prosecute the action. See Rule : 41(b), Fed. R. Civ. -againstP. 6. : Other Scheduling Matters: : (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 Defendant(s) : . . . . . . 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, THE PEOPLE OF THE STATE OF NEW YORK but no later than one hundred twenty (120) days before trial. The failure to timely file such motions TO will be grounds to summarily deny them. (c) Motions in Limine: All motions in limine must be filed no later than thirty (30) days before trial. Should a hearing be directed by the court in regard to such motions in limine, GREETINGS: 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). WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court (d) Daubert Hearing: Motions seeking a Daubert hearing must be filed at least located at County of ninety (90), days before day of they will be deemed waived. trial or in room on the , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the (e) 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 Your failure to comply with this contain jurisdictional a contempt of court and will make you out . Proposed findings of facts shallsubpoenaais punishable asstatement, identify the parties, and setliable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a the facts in chronological order the particular party intends to prove at trial. Conclusions of law result of your failure to comply. should be concise with appropriate citations of authority pursuant to Local Rule 7.4. Conclusions of law should not be argumentative. Court in Witness, Honorable County, , one of the Justices of the day of , 20 (f) Exhibits: All anticipated exhibits will be labeled and numbered prior to trial. At the inception of trial, counsel will furnish the court with two (2) copies of their exhibit lists, so numbered. (Attorney must sign above and type name below) (g) Witness Lists: Forty-five (45) days before trial, the parties shall file a final witness list covering the information specified in Rule 26(a)(3). Within five (5) days after service Attorney(s) for of a final witness list, such list may be supplemented. (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 Office and P.O. Address order. (i) Use of Depositions at Trial: In the event that a party files an objection Telephone No.: within the time specified by Rule 26(a) to the use under Rule 32(a) of a deposition designated by Facsimile No.: another party under subparagraph (B) of Rule 26(a)(3), or any objection, together with the grounds E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. therefor, that may be made to the admissibility of materials identified under subparagraph (C) of : JUDICIAL SUBPOENA Rule 26(a)(3), and desires the courtPlaintiff(s) such objection or objections to be in the nature of to consider -against: 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 limine, the parties shall be notified of the date and : time thereof. Counsel are reminded that objections not so disclosed, other than objections under Rules 402 and 403, Federal Rules of : Evidence, shall be deemed waived unless excused by the court for good cause shown. Defendant(s) : . . . . . . . . . . . . . . . . . . . Final Pretrial. Conference:.A.final pretrial conference shall be held in this case on ............ ........... . ........ 7. _________________, 20 , at .m. Trial: OF trial YORK THE PEOPLE 8. THE STATEThe NEWof this case will be held before the undersigned without a jury OF beginning on _________________ at 9:00 a.m. The trial is expected to last ( ) days. TO 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 a.m. on the date which has been assigned. If this case is not heard GREETINGS: immediately, it will be held in line until the following day or anytime during the week of the scheduled trial date. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court 9. Consent to Magistrate Judge: You are reminded that United States magistrate located at County of judges in this District have authority to try20 in room , on the day of , civil cases, both jury andthe , at o'clock in nonjury, upon consent of the noon, and at any recessed parties. You testify andreminded thatas a witness in this action on the part of the hear and determine are also give evidence magistrate judges may on stipulation or adjourned date, to dispositive motions. If you desire to have your case tried by consent by a magistrate judge, or if you wish to allow a magistrate judge to decide any dispositive motions, notify my judicial assistant, Lori Gibson at (865/545-4762). Your failure to SCHEDULED subpoena is punishable as a FOR ANY REASON, make you liable SHOULD THE comply with this TRIAL DATE CHANGEcontempt of court and will THE OTHER to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a DATES CONTAINED IN THIS ORDER SHALL REMAIN AS SCHEDULED. SHOULD THE result of your failure to comply. PARTIES DESIRE A CHANGE IN ANY OF THE OTHER DATES, THEY SHOULD NOTIFY THE COURT AND SEEK AN ORDER CHANGING THOSE DATES. Court in Witness, Honorable County, , one of the Justices of the day of IT IS SO ORDERED. , 20 ENTER: (Attorney must sign above and type name below) Attorney(s) for THOMAS A. VARLAN UNITED STATES DISTRICT JUDGE Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com