Opinion
Case No. 2:98-cv-699.
February 1, 2006
ORDER SETTING TRIAL DATE AND SETTLEMENT CONFERENCE
Counsel shall carefully read this order, note the deadlines set forth in it, and adhere to it. Failure to comply may result in the imposition of sanctions. Fed.R.Civ.P. 16(f).
Summary : Confidential assessment letter for settlement conference. Wed. Sept. 6, 2006 Settlement conference at 1:30 p.m. Tues. Oct. 10, 2006 Trial
Wed. Aug. 23, 2006 Wed. Sept. 13, 2006 Statement of witnesses, designations of deposition portions, and exhibit lists. Proposed jury instructions to be served on opposing counsel. Wed. Sept. 20, 2006 Stipulations. Agreed upon jury instructions and supplemental jury instructions. Wed. Sept. 27, 2006 Objections to supplemental jury instructions. Wed. Oct. 4, 2006 Final pretrial conference at 1:30 p.m. Three to five general areas of questions for voir dire. — voir dire at 9:30 a.m., opening statements, presentation of evidence. Trial Date. This matter is set for a final pretrial conference on Wednesday October 10, 2006. Voir dire and trial shall begin at 9:30 a.m. Fed.R.Civ.P. 40; S.D. Ohio L.R. 40.1. The Court will follow a four day per week trial schedule, conducting the trial of this case from Monday (or in this case Tuesday in the first week) through Thursday of each week until completion of the trial, and reserving Fridays for other matters.The Court will not continue the trial date except upon written motion supported by an affidavit demonstrating exceptional circumstances, made immediately upon the party's or counsel's receipt of notice of the existence of the exceptional circumstances.
The Court will defer to matters other courts have already setonly if thirty days before the trial in this matter the conflicting proceeding appears likely to go forward. Counsel who claim such a conflict shall, not sooner that thirty days before the trial date, file an affidavit and documentation demonstrating that the conflicting proceeding is likely to go forward. Such affidavit must show that the conflicting proceeding set in the other court is unlikely to settle or be continued.
The Court uses a trailing docket, setting three to five civil cases to begin on the same day. Cases are tried in the order they were filed. If a case with a lower docket number set for the same day goes to trial, then the parties and counsel in the next case shall remain prepared to go to trial on a standby basis for a period of two weeks unless the Court orders otherwise.
Under the Speedy Trial Act, 18 U.S.C. § 3161- 3174, and Fed.R.Crim.P. 50(a), the Court will give preference to any criminal matters it has set to take place the same time as the trial in this case. Fed.R.Civ.P. 40.
ALL REQUESTS FOR CONTINUANCES, AND QUESTIONS CONCERNING DEADLINES AND SCHEDULING SHALL BE DIRECTED TO THE COURT'S COURTROOM DEPUTY, LISA WRIGHT, AT 614/719-3222. Settlement Conference. The Court deems the settlement conference to be one of the most important proceedings in any civil case. The Court spends a great deal of time preparing for these conferences, and it expects counsel and the parties and representatives to be prepared as well.
This case is set for a settlement conference about four to eight weeks before the trial at 1:30 p.m. on the assigned date under Fed.R.Civ.P. 16(a)(5) and (b)(9) before The Honorable George C. Smith, United States District Court, 85 Marconi Boulevard, Room 101, Columbus, Ohio 43215.
Refer to the summary above for the actual date.
Counsel and the parties shall adhere to the following with respect to the settlement conference:
(1) The trial attorney for each party must attend the conference.
(2) The parties or representatives with full settlement authority shall be present. Fed.R.Civ.P. 16(c); see 28 U.S.C. § 473(b)(5). The presence of parties and fully-authorized representatives for face-to-face negotiations is crucial for the settlement process, and the Court will not allow participation by telephone. NOTE : Party representatives who attend these conferences shall have full and final settlement authority. If it becomes apparent that a case cannot settle because a party has failed to attend with a representative with full and final settlement authority, then the conference shall be suspended, and attorney fees and costs associated with the conference shall be awarded to the opposing party.
(3) No later than fourteen (14) days before the conference, each party shall submit directly and only to Chambers a confidential assessment letter, not to exceed three pages, (a) explaining the party's theory of the case, (b) indicating its position on settlement (in monetary terms, if applicable), and (c) setting forth all conditions necessary to achieve settlement (including non-monetary terms).
(4) Before the conference counsel shall discuss with their clients whether this case would be appropriate for a summary jury trial or some other form of alternative dispute resolution. Fed.R.Civ.P. 16(c)(9); S.D. Ohio L.R. 16.3; see Judge Thomas D. Lambros, The Summary Jury Trial and Other Alternative Methods of Dispute Resolution, 103 F.R.D. 461 (1984). This Court has seen excellent results in summary jury trials in a wide variety of cases. The Court encourages the parties to consider seriously this option, which has consistently resulted in significant savings over the cost of a full trial.
(5) The pendency of a motion for summary judgment is not grounds for vacating or continuing the conference.
Any questions regarding the settlement conference should be addressed to the Court's Courtroom Deputy, Lisa Wright, at 614/719-3222.
Expert Witnesses. The parties shall comply fully with all of the requirements of Fed.R.Civ.P. 26(a)(2), including the required disclosures at least ninety days before the trial. Statement of Witnesses. Pursuant to Fed.R.Civ.P. 26(a)(3)(A) thirty days before the trial the parties shall submit to the Court, and serve on opposing counsel, the names, addresses and occupations of all witnesses they intend to call at trial, with a brief summary of the witness' testimony, the purpose of that testimony, and the major issue about which the witness will testify. Failure to list a witness, except upon a showing of good cause, will preclude the use of that witness at trial.
Refer to the summary above for the actual date.
The witness lists shall comport with all of the requirements of Rule 26(a)(3)(A).
Designation of Deposition Portions. Pursuant to Fed.R.Civ.P. 23(a)(3)(B), thirty days before trial the parties shall submit to the Court, and serve on opposing counsel, the designations of any portions of depositions they intend to offer as evidence at trial. Failure to make a designation, except upon a showing of good cause, will preclude the use of the undesignated portion of a deposition at trial.
Refer to the summary above for the actual date.
This does not include the use of depositions to address credibility on cross-examination.
The designation of deposition portions shall comport with all of the requirements of Fed.R.Civ.P. 26(a)(3)(B).
Exhibits. The parties shall mark their documentary or physical evidence numerically in advance of trial. Pursuant to Fed.R.Civ.P. 26(a)(3)(C), each party shall exchange and file, thirty days before trial a list containing a brief description of each item of documentary or physical proof the party intends to offer in evidence as an exhibit at trial.
Refer to the summary above for the actual date.
The exhibit lists shall comport with all of the requirements of Rule 26(a)(3)(C).
Stipulations. Counsel for the parties shall confer and reduce to writing all stipulations. Fed.R.Civ.P. 16(c)(3). The parties shall file any stipulations three weeks before trial. Jury Instructions. The parties shall submit jointly one set of agreed upon proposed preliminary and final jury instructions. To this end the parties shall serve their proposed instructions on each other thirty days before trial. Counsel shall then meet, confer and submit one complete set of agreed-upon instructions three weeks before trial. Fed.R.Civ.P. 51.
Refer to the summary above for the actual date.
See footnote 1, supra.
Refer to the summary above for the actual date.
Refer to the summary above for the actual date.
If, after a concerted good faith effort, the parties are unable to agree upon one complete set of proposed instructions, they shall submit jointly one set of those instructions upon which they have agreed, and each party shall submit a supplemental set of instructions upon which they are unable to agree three weeks before trial. Fed.R.Civ.P. 51. Supplemental instructions shall include pinpoint citations to binding authority.
The parties shall file any objections to the opposing party's supplemental set of instructions two weeks before trial. Final pretrial Conference and Order. The parties shall submit a joint proposed final pretrial order, using the attached form, at least twenty-four hours before the final pretrial conference. The Final Pretrial Conference will begin at 1:30 p.m. on the assigned date.
Refer to the summary above for the actual date.
Refer to the summary above for the actual date.
Trial Briefs. The Court will not require the parties to file trial briefs in this case.
Voir Dire. Jury selection will take place on the morning of the trial, at 9:30 a.m. The Judge will conduct most of the voir dire examination. The Court will allow counsel to follow-up briefly on the Court's examination. Fed.R.Civ.P. 47(a).
The parties shall, at the final pretrial conference, submit in writing three to five general areas of questions they would like the Court to ask during voir dire.
After voir dire the Court will conduct a hearing in the robing room to consider challenges for cause and peremptory challenges.
In most civil cases the Court will seat six jurors and two alternates. Fed.R.Civ.P. 48. The Court will excuse alternates remaining after the jury has heard the final charge unless the parties agree to seat them for deliberations. Id.
The United States Magistrate Judge may conduct voir dire if other matters require the District Judge's immediate attention.
Counsel should contact the Jury Deputy, Frances Green, 614/719-3021, to obtain information about the availability of juror questionnaires.
Sanctions. The parties and counsel shall comply fully and literally with this pre-trial order. The Court will consider the imposition of appropriate sanctions in the event of non-compliance, including monetary sanctions, the dismissal of claims or defenses, or the exclusion of evidence. Fed.R.Civ.P. 16(f).
Other Matters. The Court will consider adopting any other pre-trial and trial management procedures upon which the parties agree. Fed.R.Civ.P. 16(c)(16).
This order supersedes all previous orders in this case to the extent previous orders are inconsistent with this order.
ALL REQUESTS FOR CONTINUANCES, AND QUESTIONS CONCERNING DEADLINES AND SCHEDULING SHALL BE DIRECTED TO THE COURT'S COURTROOM DEPUTY, LISA WRIGHT, AT 614/719-3222.
IT IS SO ORDERED.
FINAL PRETRIAL ORDER (REQUIRED FORM)
The Court held a final pretrial conference in this case on ________________ at _____ m., pursuant to Fed.R.Civ.P. 16.I. APPEARANCES:
For Plaintiff:
For Defendant:
II. NATURE OF ACTION
A. This is an action for [monetary damages, injunctive relief, and/or declaratory relief]
B. The jurisdiction of the Court is invoked under Title _____, United States Code, Section _____.
C. The jurisdiction of the Court (is) (is not) disputed.
III. TRIAL LENGTH:
The estimated length of trial is ____ days.
IV. AGREED STATEMENTS AND LISTS:
A. General Nature of the Claims of the Parties
1. Plaintiffs' Claims: (set forth brief summary of facts and legal theories for relief without detail or case citations; an itemized statement of special damages should be included.)
2. Defendants' Defenses [and/or counterclaims]: (set forth brief summary of facts constituting the failure of proof or affirmative defense and legal theories without detail or case citations)
B. Uncontroverted Facts
Suggested language: The following facts are established by admissions in the pleadings or by stipulations of counsel. (Set out a chronological narrative of uncontroverted or uncontested facts.)
C. Witnesses
Counsel have fully complied with the Statement of Witnesses section of the Court's Order Setting Trial Date and Settlement Conference as well as the requirements of Fed.R.Civ.P. 26(a)(3)(A).
D. Depositions
Counsel have fully complied with the Designation of Deposition Portions section of the Court's Order Setting Trial Date and Settlement Conference as well as the requirements of Fed.R.Civ.P. 26(a)(3)(B).
E. Exhibits
Counsel have fully complied with the Exhibits section of the Court's Order Setting Trial Date and Settlement Conference as well as the requirements of Fed.R.Civ.P. 26(a)(3)(C).
F. Stipulations
Counsel have fully complied with the Stipulations section of the Court's Order Setting Trial Date and Settlement Conference.
G. Expert Witnesses
The parties have fully complied with the requirements of the Expert Witnesses section of the Court's Order Setting trial Date and Settlement Conference, and Fed.R.Civ.P. 26(a)(2). Parties shall call the following number of expert witnesses whose names have been disclosed to the other side:
Plaintiff ______
Defendant ______
Counsel submit a resume of each expert's qualifications, attached hereto.
V. JURY INSTRUCTIONS
Counsel have complied with the Jury Instructions section of the Court's Order Setting Trial Date and Settlement Conference. A complete set of preliminary and final jury instructions is ready for use at trial.
VI. REMAINING ISSUES AND OTHER MATTERS
The following legal issues must be resolved before the beginning of trial:
Counsel bring the following additional matters to the Court's attention: