Case Management Order {1}

Last Updated: Dec 2016 FORM 1 (ND/SD MISS. . 201 ) UNITED STATES DISTRICT COURT CHOOSE DISTRICT: DISTRICT OF MISSISSIPPI EASTERN DIVISION Enter Plaintiff(s) here: PLAINTIFF v. Enter Defendant(s) here: CIVIL ACTION NO. DEFENDANT CASE MANAGEMENT ORDER This Order, including all deadlines, has been established with the participation of all parties and can be modified only by order of the Court on a showing of good cause supported with affidavits, other evidentiary materials, or reference to portions of the record. IT IS HEREBY ORDERED: 1. ESTIMATED DAYS OF TRIAL: ESTIMATED TOTAL NUMBER OF WITNESSES: EXPERT TESTIMONY EXPECTED: ________________ ________________ NO. OF EXPERTS: Yes Enter explanation (if necessary) here: 2. ALTERNATIVE DISPUTE RESOLUTION [ADR]. Alternative dispute resolution techniques appear helpful and will be used in this civil action as follows: 3. CONSENT TO TRIAL BY UNITED STATES MAGISTRATE JUDGE. The parties consent to trial by a United States Magistrate Judge. American LegalNet, Inc. www.FormsWorkFlow.com FORM 1 (ND/SD MISS. . ) 4. DISCLOSURE. The following additional disclosure is needed and is hereby ordered: 5. MOTIONS; ISSUE BIFURCATION. Staged resolution/bifurcation will assist in the prompt resolution of this action. The Court orders that: Early filing of the following motion(s) might significantly affect the scope of discovery or otherwise expedite the resolution of this action: 6. DISCOVERY PROVISIONS AND LIMITATIONS. A. B. Interrogatories are limited to _______ succinct questions. Requests for Production are limited to _______ succinct questions. . Depositions are limited to the parties, experts, and no more than _______ fact witness depositions per party without additional approval of the Court. American LegalNet, Inc. www.FormsWorkFlow.com FORM 1 (ND/SD MISS. . 201 ) . The parties have complied with the requirements of Local Rule 26(e)(2)(B) regarding discovery The parties have complied with the requirements of Local Rule 26(e)(2)(B) regarding discovery of electronically stored information and have concluded as follows [The parties MUST state of electronically stored ESI and, if so, how they propose to address it]: whether or not there is information and have concluded as follows: . The .court imposes the following further discovery provisions or limitations: 1. The parties have agreed that defendant may obtain a Fed. R. Civ. P. 35 (L.U.Civ.R. 35) medical examination of the plaintiff (within subpoena range of the court) by a physician who has not examined the plaintiff, and that defendant may arrange the examination without further order of the court. 2. Pursuant to Rule 502(d) of the Federal Rules of Evidence, the attorney-client privilege and the work-product protections are not waived by any disclosure connected within this litigation pending before this Court. Further, the disclosures are not waived in any other federal or state proceeding. 3. Plaintiff must execute an appropriate, HIPAA-compliant medical authorization. 4. The court desires to avoid the necessity of filing written discovery motions where court participation in an informal discussion of the issue might resolve it, even after the parties have been unsuccessful in a good faith attempt to do so. Consequently, before a party may serve any discovery motion, counsel must first confer in good faith as required by F.R. Civ. P. 37(a)(1). If the attorney conference does not resolve the dispute, counsel must contact the chambers of the magistrate judge to request a telephonic conference to discuss the issue as contemplated by F.R. Civ.P. 16(b)(3)(B)(v). Only if the telephonic conference with the judge is unsuccessful in resolving the issue may a party file a discovery motion 5. Other: American LegalNet, Inc. www.FormsWorkFlow.com FORM 1 (ND/SD MISS. . 201 ) Additional Provisions: 7. SCHEDULING DEADLINES Choose Type: A. Trial. This action is set for ___________________ during a ____________ term of court 9:00 a.m. beginning on: _____________________, at ________, ________, in ________________ , Choose City: District Mississippi, before United States _______________ Judge ______________________. THE ESTIMATED NUMBER THIS TRIAL DATE MUST BE SUBMITTED IN WRITING TO ANY CONFLICTS WITHOF DAYS FOR TRIAL IS __________. ANY CONFLICTS WITH THE TRIAL JUDGE IMMEDIATELY UPON RECEIPT OF THIS CASE MANAGEMENT THIS TRIAL DATE MUST BE SUBMITTED IN WRITING TO THE TRIAL JUDGE ORDER. IMMEDIATELY UPON RECIEPT OF THIS CASE MANAGEMENT ORDER. B. Pretrial. The pretrial conference is set on: _____________________, at ________, ________, 9:00 a.m. Choose City: in ________________ , Mississippi, before United States ____________________ District Judge________________________. C. Discovery. All discovery must be completed by: _____________________. D. Amendments. Motions for joinder of parties or amendments to the pleadings must be filed by: _____________________. E. Experts. The parties' experts must be designated by the following dates: 1. Plaintiff(s): 2. Defendant(s): . . American LegalNet, Inc. www.FormsWorkFlow.com FORM 1 (ND/SD MISS. . 201 ) 8. MOTIONS. All dispositive motions and Daubert-type motions challenging another party's expert must be filed by: .The deadline for motions in limine is fourteen days before the pretrial conference; the deadline for responses is seven days before the pretrial conference. 9. SETTLEMENT CONFERENCE. A Setting at this time NoSETTLEMENT CONFERENCE is set on:_____________________, at ________, ________ in __________________, Mississippi, before United States ________________ Judge ____________________. AN ADDITIONAL SETTLEMENT CONFERENCE is set on: _____________________, at ________, ________, in __________________, Mississippi, before United States __________________ Judge _____________________. Seven (7) days before the settlement conference, the parties must submit via e-mail to the magistrate judge's chambers an updated CONFIDENTIAL SETTLEMENT MEMORANDUM. All parties are required to be present at the conference unless excused by the Court. If a party believes the scheduled settlement conference would not be productive and should be cancelled, the party is directed to inform the Court via e-mail of the grounds for their belief at least seven (7) days prior to the conference. 10. REPORT REGARDING ADR. On or before (7 days before FPTC) ______________________, the parties must report to the undersigned all ADR efforts they have undertaken to comply with the Local Rules or provid