Order Of Procedure (Judge Eugene A. Lucci)

IN THE COURT OF COMMON PLEAS LAKE COUNTY, OHIO PLAINTIFF Plaintiff(s) vs. DEFENDANT Defendant(s) ) ) ) ) ) ) ) ) ) CASE NO. 1_CV00____ JUDGE EUGENE A. LUCCI ORDER OF PROCEDURE (CIVIL) (Revised 11/01/2015) {¶1} To make the most economical and efficient use of the court's time during the pendency of the case and trial, create a culture of collegiality and professionalism by being explicit about the court's expectations, and speed the case to conclusion, the court makes the following order of procedure binding on the parties. This order of procedure supplements the Local Rules of Court for Lake County, which are also binding on the parties. If this order of procedure conflicts with the Local Rules, then the order of procedure controls. GENERAL Email Addresses {¶2} In order to facilitate communication between the court and the parties, and in keeping with Rule 11 of the Ohio Rules of Civil Procedure, if the signature block on the complaint, answer, or other pleading does not already include all current email addresses for the attorneys for the parties and for each pro se party, then each attorney and each pro se party must notify the court of his or her email address within 28 days after the filing of the pleading. Notice of a current or changed email address must be given timely to the court by filing the notice with the Lake County Clerk of Courts. All hearing notices will be sent by email. Case Management Conferences {¶3} Shortly after each party has filed an answer, or has otherwise responded to the complaint, the court may schedule a case management conference (CMC), impose a case management schedule, or schedule trial. {¶4} If a CMC is scheduled, it will be in person, unless the court's scheduling notice designates otherwise. If the court's scheduling notice designates that the CMC will be conducted by telephone, then the court will initiate the conference call, unless other arrangements are made. {¶5} Clients and insurance adjusters need not be present for the CMC. {¶6} Requests for continuance of a CMC can be made by contacting the court's assignment commissioner at (440) 350-2095. {¶7} During the CMC, the court and participants will: (a) discuss the complexity of the case, anticipated problems and issues, the relationship of the case to other pending cases, and whether additional parties are likely to be joined or additional pleadings are likely to be filed Page 1 of 11 American LegalNet, Inc. www.FormsWorkFlow.com (e.g., a third-party complaint); (b) set discovery cut-off dates for written discovery, depositions, exchange of expert witness reports, and expert depositions; (c) set cut-off dates for all dispositive motions and responsive briefs; (d) establish firm dates for any initial pretrial conference or non-appearing status conference, a final pretrial conference and/or settlement conference, and trial; and (e) discuss whether the case is, or may become, amenable to mediation or arbitration. {¶8} Attorneys and pro se parties must sign the case management order, acknowledging notice of and agreement to the deadlines established therein. {¶9} If the court imposes a case management schedule without a CMC, the parties have 14 days to notify the court of any scheduling conflicts or request changes to the case management schedule by filing a motion for modification of the schedule. {¶10} Once the dates have been set at the CMC, or 14 days have elapsed since the court imposed case management deadlines without a CMC, the court will not grant any continuances of the pretrial hearings or conferences, dispositive motion cut-offs, settlement conferences, or trial, except in the most dire of circumstances. See also, ¶38 of this order. Non-Appearing Status Conferences {¶11} The court may schedule a non-appearing status conference. Parties and attorneys need not appear for non-appearing status conferences. Parties or their attorneys participate in a nonappearing status conference by submitting a completed status statement form to the court by the date and time of the non-appearing status conference either in paper form, by fax, or, as preferred by the court, electronically at CommonPleasIV@LakeCountyOhio.gov. Status statements should be submitted directly to the court, and not filed with the Clerk of Courts, and shall be served on all other parties. Failure to submit a status statement by the date and time of the non-appearing status conference may be considered contempt of court. {¶12} The court's status statement form can be found on-line at http://www.lakecountyohio.gov/cpcgd/. Click on "Judge Lucci," "Documents," and "Selected Downloads." Pretrial Procedures {¶13} Discovery must commence immediately upon filing the case and must be complete by the dates established in any case management order. Failure to complete discovery by the established dates may result in sanctions being imposed. At any pretrial conference, the court will expect the parties to have sufficient discovery completed to allow them meaningfully to negotiate settlement of the case. Failure to conduct discovery will not provide a basis for any continuances. If a party fails to appear at any pretrial conference or hearing, the court may enter an adverse judgment. The court may also impose other sanctions against the party and/or counsel. The parties are directed to the local rule, Lake Co.P.R. 1.07, governing the court's authority when a party fails to appear. {¶14} If a motion or other document is not filed within the time limits set by this order, the court may deem it untimely, and the court may decide not to consider it on that basis alone. All motions or requests for relief must be accompanied by a proposed order or judgment entry. If a proposed order or judgment entry is not submitted, the court may deny the motion or request for relief. Page 2 of 11 American LegalNet, Inc. www.FormsWorkFlow.com {¶15} Requests to file untimely answers or untimely replies to pleadings or motions must be accompanied by a stipulation from opposing counsel or by an affidavit or other evidence showing "excusable neglect." {¶16} Any motion to file an amended pleading must have a copy of the proposed amended pleading attached to it. The original amended pleading may also be tendered with the motion and will be filed by the court instanter when the motion is granted. Alternatively, the proposed order granting the motion must require the amended pleading to be filed within seven days of granting the order. {¶17} Counsel for the prop