Martinez v. Ferguson Library et al

Filing 5

Martinez v. Ferguson Library et al

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Case 3:07-cv-01212-VLB

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CHAMBERS PRACTICES
District Judge Vanessa L. Bryant District Court for the District of Connecticut
E le c t r o n ic Filing P a r tie s are asked to file electronically all m o tio n s , objections, reports and other m a te r ia l, unless a party is pro s e , in which case filings m u s t be m a d e by hard copy to the clerk's office at 450 Main Street, Hartford, CT, 0 6 1 0 3 -9 9 9 8 . Oral Argument O r a l argum e n t is perm itte d either by telephone or in person at the request of the parties in com p le x cases or a t the court's request where either the law or the facts are not fully developed in the m o tio n s and m e m o r a n d a o f law or to facilitate the fair, efficient and tim e ly resolution of an issue. R e f e r r a l to M a g is t r a t e Judge and Special M a s t e r s A ll cases are referred to a Magistrate Judge for a settlem e n t conference after discovery is com p le te and d is p o s itiv e m o tio n s have been ruled upon. Parties m a y request a referral for settlem e n t earlier in the p r o c e e d in g s . Discovery m a tte r s m a y also be referred. R u l in g s from the Bench T h e court m a y sum m a r ily rule from the bench in instances where the issues are fully developed in the parties' b r i e f s and then issue a written ruling stating m o r e com p le t e ly the factual and legal authority for the ruling. 26(f) Reports T h e court considers the 26(f) Report to be a critical elem e n t of trial preparation. The court expects the a tto r n e ys and pro se parties to discuss am o n g s t them s e lv e s , after consultation with their respective clients a n d witnesses, the factual and legal nature and basis for the claim s and defenses asserted or to be asserted, th e possibilities of settlem e n t and the desired discovery, and to develop and propose a realistic discovery and d i s p o s i t i v e m o t io n filing plan for adoption by the court in accordance with Rule 26(f). The court generally e n te r s a scheduling order in accordance with the parties' plan. The parties will be expected to adhere to their p la n absent good cause. Motions to m o d if y the scheduling order m u s t be m a d e in writing and will be granted u p o n a showing of an unforeseeable and insurm o u n ta b le obstacle to adherence to the plan. The court issues g u id a n c e in the form of an Order on Pretrial Deadlines along with the scheduling order. R e s o lu t io n by Telephone R u lin g s are entered electronically in electronically-filed cases. Counsel of record will receive instantaneous n o tic e of all rulings, obviating the need to call cham b e r s for rulings. Parties are asked to file written m o tio n s . T e le p h o n ic and other oral m o t io n s are generally disfavored. (See Discovery Disputes herein). T r ia l Dates A trial m o n th will be set approxim a te ly eight (8) m o n th s after the deadline for filing Dispositive m o tio n s . S e t t le m e n t A settlem e n t conference to be conducted by a Magistrate Judge will be set the m o n t h after the trial ready date s p e c if ie d by the parties. Parties may request an earlier settlem e n t conference either in their 26(f) report or b y telephone to cham b e r s . Such request m u s t be m a d e jointly by all parties. All discovery necessary to c o n d u c t m e a n in g f u l settlem e n t discussions m u s t be com p le te d before the conference.

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D is c o v e r y Disputes The court m a y refer discovery disputes to a Magistrate Judge. The court sets aside Friday afternoon from 2:00 t o 4:00 for telephonic hearings on discovery disputes. Parties m u s t certify that they have been unable to r e s o lv e their dispute despite reasonable and diligent efforts. Counsel and pro se parties m a y call the law clerk a s s ig n e d to their case to schedule a hearing. (See Notice to Parties Regarding Discovery Disputes e le c tr o n ic a lly transm itte d along with the Scheduling Order issued in response to the 26(f) Report and D. Conn. L . Civ. R. 16). S u r - r e p ly Briefs T h e s e briefs will be considered by the court if tim e ly filed. L e t t e r Briefs F o r m a l pleadings are preferred and letter briefs are disfavored. Counsel are encouraged to file briefs e le c tr o n ic a lly. The court m a n a g e s its cases electronically. Rulings on letter briefs m a y be delayed because le tte r briefs are not electronically docketed and tracked. C h a m b e r s Copies C h a m b e r s copies of briefs longer than twenty (20) pages and of exhibits are appreciated. M o t io n s for Extension of Tim e T h e court generally enters a scheduling order in accordance with the parties' plan. The parties will be e x p e c te d to adhere to their plan absent a showing of good cause. Motions to m o d if y the scheduling order m u s t b e m a d e in writing and m u s t state the unforeseen insurm o u n ta b le obstacle to adherence to the parties' plan. A reasonable extension will be granted for good cause shown. M o t io n s for Reconsideration T h e court will grant any m o tio n for reconsideration to correct a m a n if e s t error of law or fact, or to consider n e w ly discovered evidence; but, not as a vehicle for asserting new argum e n ts or for introducing new evidence th a t could have been adduced during the pendency of a sum m a r y judgm e n t m o tio n . S p e c ia l Proceedings E x parte orders are rarely entered. Applications for ex parte relief should be accom p a n ie d by an affidavit s ta t in g what, how and when notice was given to the opposing party. Most applications for ex parte relief will r e q u ir e entry of a m o t io n to show cause. Counsel should include, along with the application for extraordinary r e lie f , a proposed order to show cause. Dispositive M o t io n s T h e court does not require a pre-filing conference before any dispositive m o tio n is filed, but will hold one if the p a r tie s jointly request it. The purpose of the conference is to determ in e the necessity of filing the m o tio n and w h e th e r there is a just, speedy and inexpensive alternative. E n d o rsem en ts The court m a y issue an endorsem e n t if it finds that there are genuine issues of m a te r ia l fact. This should n o t be perceived as an indication of the court's opinion of the m e r its of the case or lack thereof. J o in t Trial M e m o r a n d u m A joint trial m e m o r a n d u m order is issued along with the scheduling order after the Rule 26(f) report is filed p r e s c r ib in g the content and the date for filing the Joint Trial Mem o r a n d u m . Counsel m u s t file motions in limine a s well as proposed jury charges and any proposed jury interrogatories. The joint trial m e m o r a n d u m m u s t in c lu d e a list of all witnesses and exhibits. (See Joint Trial Mem o r a n d u m Instructions.)

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E v id e n t ia r y Disputes The court prefers that evidentiary m o t io n s be filed, and where possible, resolved and all exhibits m a r k e d b e f o r e the jury is seated. E x h ib it Lists/M a r k in g Exhibits Counsel shall attach, to their Joint Trial Mem o r a n d u m , a list of all exhibits, including a brief description of their c o n te n ts , to be offered at trial. The parties shall m a r k all exhibits num e r ic a lly with exhibit tags (which will be p r o v id e d by the clerk's office upon request) starting with Plaintiff's Exhibit "1" and Defendant's Exhibit "500." C o u n s e l shall coordinate exhibit identification to elim in a te duplicate exhibits. Copies of the actual exhibits shall b e exchanged no later than seven (7) days prior to subm is s io n of the Joint Trial Mem o r a n d u m . Copies of all e x h ib its as to which there m a y be objections m u s t be brought to the Final Pretrial Conference. Ten (10) days b e f o r e trial, counsel shall deliver to cham b e r s two (2) copies of exhibits placed in a three-ring binder with a c o p y of the exhibit list at the front of the binder and with each exhibit separately tabbed. Counsel shall also d e liv e r on that date to Robert W o o d , the courtroom deputy, the original set of exhibits along with an exhibit lis t pursuant to D. Conn. L. Civ. R. 83(6)(b). G e n e r a lly, exhibits that are not included in the subm is s io n will be inadm is s ib le unless all parties agree that th e y m a y be adm itt e d or they are offered for im p e a c h m e n t or rebuttal. W it n e s s List Counsel shall set forth the nam e and address of each witness to be called at trial, including a brief sum m a r y o f the anticipated testim o n y and the expected duration of the witness's testim o n y. Counsel shall indicate which w itn e s s e s are likely to testify and which witnesses will be called only if the need arises. For each expert w itn e s s , also set forth the opinion to be expressed, a brief sum m a r y of the basis of the opinion and a list of th e m a te r ia ls on which the witness intends to rely. Lastly, state the area of the witness's expertise and attach a copy of the expert's report and a curriculum vitae, if available. Counsel is asked to provide Robert W o o d , c o u r t r o o m deputy, with three (3) copies of the witness list. A n y objection to the adm is s ib ility of the testim o n y of any witness m u s t be stated in the witness section of the J o in t Trial Mem o r a n d u m , along with a brief statem e n t of the grounds and citations to the legal authority s u p p o rtin g the objection as well as a brief statem e n t and citations to supporting legal authority from the p r o p o n e n t of the witness regarding adm is s ib ility. W itn e s s e s not included in this list m a y not be perm itte d to testify at trial, except for good cause shown. All lis te d witnesses will be perm itte d to testify unless there is an explicit objection stated to the witness's te s tim o n y.

M o t i o n s in Limine and Objections thereto C o u n s e l shall list in the Joint Trial Mem o r a n d u m any evidentiary problem s anticipated by any party. They s h a ll attach to the Joint Trial Mem o r a n d u m m o tio n s in limine along with m e m o r a n d a of law concerning any a n tic ip a te d evidentiary issues. All m e m o r a n d a in opposition to any m o tio n in limine m u s t be filed within seven ( 7 ) days after the date on which the Joint Trial Mem o r a n d u m is filed and in any event no later than three (3) d a ys before the Final Pretrial Conference. H e a r in g s on Evidentiary M a t t e r s P r io r to seating the jury, the Court will hear argum e n t on all objections and motions in limine that can be d e c id e d without an offer of proof from a witness other than a party. The rem a in in g objections and m o tio n s w ill be ruled upon during trial. Evidentiary hearings will be conducted between 9:00 and 9:30 on the m o r n in g th e evidence is proposed to be offered. Any party who believes that m o r e tim e is necessary to resolve an

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e v id e n t ia r y issue is asked to raise the issue in the final Pretrial Conference. The Court will endeavor to s c h e d u le a hearing for such lengthy m a tte r s and a m u tu a lly convenient tim e that will not disrupt the flow of th e trial.

J u r y Instructions and Interrogatories Counsel m u s t file all supplem e n ta l proposed jury instructions and interrogatories, if any, on the date of jury s e le c t io n . T r i a l Schedule T h e trial day begins at 9:30 and ends at 4:00 Monday through Friday. All m a tte r s other than the presentation o f evidence which m u s t be addressed outside the presence of the jury will be heard between 9:00 and 9:30 a n d between 4:00 and 4:30. Counsel are asked to appear in court at 8:30 each day of the trial. O b j e c t io n s to Questions Asked During Trial W h e r e possible, resolution of objections to questions asked at trial which are best resolved outside the p r e s e n c e of the jury will be heard before 9:30 and after 4:00. T im e Limits T h e Court does not generally lim it the tim e for the presentation of evidence and will reserve the am o u n t of tim e c o u n s e l estim a t e in their Joint Trial Mem o r a n d u m . Counsel are asked to be m in d f u l of the fact that the Court h a s scheduled other m a t t e r s in reliance on counsels' estim a t e . Trials that last longer than counsel's estim a t e m a y be continued to the next available date so that previously scheduled m a tte r s m a y go forward as s c h e d u le d . J u r y Selection The venirepersons will be interviewed and seated in the order in which they have been random ly selected and c o u n s e l will be provided with a list of venirepersons in that order. Venirepersons will be referred to by the n u m b e r of their random selection: the first venireperson selected being referred to as "num b e r 1" and so on. T h e Court will give the venirepersons a precis of the claim s and defenses in the case and a trial schedule. The C o u r t will then ask the attorneys to identify them s e lv e s , their client and their colleagues. The Court will then a s k the venirepersons to introduce them s e lv e s and answer biographical questions designed to identify those w h o should be excused for cause. The standard voir dire questions m a y be obtained from the courtroom d e p u ty, Robert W o o d , at Robert_W o o d @ c td . u s c o u r ts .g o v . If counsel feel that these questions are in a d e q u a te , they are welcom e to raise the issue at the Pretrial Conference. Ten (10) days prior to the Pretrial C o n f e r e n c e counsel m a y file with the Court proposed voir dire questions designed to identify prospective j u r o r s who should be excused for cause or perem p to r ily. Counsel will be asked at sidebar if they have other v o ir dire questions which they wish the Court to ask. The Court will determ in e whether additional questions w ill be asked. The Court will state which venirepersons are excused for cause after consultation with counsel a t sidebar. Counsel m a y then m o v e the Court to excuse additional jurors for cause. The Court decide whether a n d which additional jurors will be excused for cause. Counsel will exercise perem p t o r y challenges. The v e n ir e p e r s o n s who were not selected will be excused. The ones who were selected will be given a prelim in a r y c h a r g e regarding juror conduct and told to report back and the designated tim e for trial. (See D. Conn. L. Civ. R . 47.)Jury selection generally occurs on the first T u e s d a y of the m o n th in which the case is scheduled for t r ia l. Note-taking T h e m e m b e r s of the jury will be allowed to take notes for their personal use only. Notebooks will be issued a t the beginning of each trial day and collected at the end of each trial day.

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O p e n in g Argument and Closing Statem e n t s T h e Court perm its opening and closing statem e n ts . These statem e n ts should not be longer than ten (10) m in u te s . The plaintiff m a y reserve a portion of the tim e for genuine rebuttal of a specific statem e n t of opposing c o u n s e l. Counsel should not charge the jury or presage the Court's jury charge in the statem e n t. Counsel are e n c o u r a g e d to consider the utility and possibly duplicity of these statem e n t s in short trials. Examination of W it n e s s e s The Court does not lim it the tim e for exam in a tio n of witnesses. Counsel should eschew repetitive and ir r e le v a n t questions. In cases involving m u ltip le plaintiffs and/or defendants represented by separate counsel, p la in tif f and defense counsels m a y find it advantageous to designate a lead lawyer to exam in e each witness a n d confer on the questions to be asked to avoid objectionable repetition. Proposed Jury charge, Interrogatories and Verdict Form s C o u n s e l are asked to subm it requests for charge, jury interrogatories and verdict form s as part of the Trial M e m o r a n d u m Order. D e m o n s t r a t iv e Exhibits E n la r g e m e n ts , boards and other dem o n s tr a tiv e exhibits will not be m a r k e d as full exhibits unless the parties a g r e e that they be so m a r k e d . Affidavits C o u n s e l are discouraged from filing affidavits attesting to facts of which counsel have no personal knowledge. In s te a d , affidavits should be m a d e by parties of witnesses with personal knowledge of the m a tte r s contained t h e r e in . D e a d lin e s In order to efficiently, fairly adm in is te r the docket it is im p o r ta n t for parties to adhere to deadlines, especially th o s e that the parties set them s e lv e s . The Court m a y infer from the party's failure to file a 26(f) report or a trial m a n a g e m e n t report that the m a tte r has been settled and the parties have no intention of pursuing the case. B a s e d upon that inference, the Court will dism is s the case after ten (10) days notice. Sim ila r ly, if a party does n o t file an objection or reply to a m o tio n within the period allowed by the rules of procedure, the Court m a y in f e r that there is no objection to the m o tio n or request and m a y grant the m o tio n or request after ten (10) days n o tic e . If notice is given of an im p e n d in g order, the tardy party m u s t show good cause why the late filing s h o u ld be considered.

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT
1 4 1 CHURCH STREET N E W HAVEN, CT 06510 ( 2 0 3 ) 773-2140 4 5 0 M A IN STREET H A R T F O R D , CT 06103 ( 8 6 0 ) 240-3200 9 1 5 LAFAYETTE BLVD B R ID G E P O R T , CT 06604 ( 2 0 3 ) 579-5861

NOTICE TO COUNSEL AND PRO SE PARTIES
T h e attached case has been assigned to District Judge Vanessa L. Bryant, who sits in Hartford. C o u n s e l and pro se parties should file all future pleadings or docum e n ts in this m a tte r , which are not filed e le c t r o n ic a lly, with the clerk's office in Hartford. Any attem p t to file pleadings or other docum e n t s related to th is m a tte r in any of the other seats of court will be refused at the court or returned to you. See D. Conn. L. C iv . R. 3(a). C o u n s e l and pro se parties are required to becom e fam ilia r with and abide by the Federal Rules of C iv il Procedure (Fed. R. Civ. P.), the Local Rules of Civil Procedure for the District of Connecticut (D. Conn. L . Civ. R.) and standing orders. C o u n s e l and pro se parties are hereby notified that failure to file and serve a m e m o r a n d u m in o p p o s itio n to a m o tio n , within twenty-one (21) days after the m o tio n is filed, m a y be deem e d consent to and s u f f ic ie n t cause to grant the m o t io n . Failure to file and serve a m e m o r a n d u m in opposition to a m o t io n to d is m is s within twenty-one (21) days after the m o tio n is filed m a y be deem e d consent to and sufficient cause to grant the m o tio n , except where the pleadings provide clear and sufficient grounds to deny the m o tio n . See D . Conn. L. Civ. R. 7(a)1. C o u n s e l and pro se parties are further notified that they are required to com p ly with requirem e n t s r e la t in g to m o t io n s for sum m a r y judgm e n t as set forth in Fed. R. Civ. P. 56 and D. Conn. L. Civ. R. 56. A p a r ty m a y m o v e for sum m a r y judgm e n t after discovery is substantially com p le te and such party reasonably b e lie v e s there is no genuine issue of m a te r i a l fact requiring trial and the party is entitled to judgm e n t as a m a tte r of law. The m o tio n m a y be directed toward all or part of a claim or defense and it m a y be m a d e on the b a s is of the pleadings or other portions of the record in the case or it m a y be supported by affidavits and other d o c u m e n ta r y evidence outside the pleadings. W h e n a party seeking sum m a r y judgm e n t (the "m o v in g party") f ile s a supporting affidavit, the party opposing sum m a r y judgm e n t m u s t file an affidavit, or other docum e n ta r y e v id e n c e , contradicting the m o v in g party's subm is s io n s to dem o n s tr a te that there are genuine issues of m a te r ia l fact requiring a trial. Facts asserted in the affidavit(s) of the m o v in g party will be taken as true if not c o n tr o v e r te d by counter-affidavit(s) or other docum e n ta r y evidence. L o c a l Civil Rule 56(a) requires the party seeking sum m a r y judgm e n t to file a docum e n t entitled " local r u le 56(a)1 statem e n t," which sets forth in separately num b e r e d paragraphs a concise statem e n t of each m a t e r i a l fact as to which the m o v in g party contends there is no genuine issue to be tried. The m a t e r i a l facts s e t forth in this statem e n t shall be deem e d adm it t e d unless controverted by the "local rule 56(a)2 statem e n t . " T h e paragraphs in the 56(a)2 statem e n t shall correspond to the paragraphs in the 56(a)1 statem e n t and shall s ta te whether the facts asserted by the m o v in g party are adm itte d or denied. The local rule 56(a)2 statem e n t m u s t also include in a separate section a list of each issue of m a t e r ia l fact as to which it is contended there is a genuine issue of m a te r ia l fact to be tried. C o u n s e l and pro se parties are alerted to the requirem e n ts of Fed. R. Civ. P. 26(f) and D. Conn. L. C iv . R. 26, which require that the parties conduct a case m a n a g e m e n t planning conference and prepare and f ile a report of the conference on form 26(f) which appears in the appendix to the local civil rules.

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C o u n s e l and pro se parties are further advised that they m a y request a referral of their case to a U n it e d States Magistrate Judge for disposition. See 28 U.S.C. § 636 and rule 77.2 of the local rules for U n ite d States m a g is tr a te judges. F o r questions regarding your case please contact the following clerk: T e r m in a l digits 0-1: T e r m in a l digits 2, 3, 4 and 5: T e r m in a l digits 6, 7, 8 and 9: L a u r ie Lawlor at [phone] J e r e m y Klatell at [phone] J o h n W ils o n at [phone]

K E V IN F. ROW E , CLERK
Rev. 7/18/07 VLB

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT
ELECTRONIC FILING ORDER
A ll docum e n t s in this case will be filed electronically. Counsel are rem in d e d that they m u s t com p ly with the requirem e n ts set forth in the District Court's C M /E C F Policies and Procedures Manual. U n le s s otherwise ordered, on the business day next following the day on which a docum e n t is filed e le c tr o n ic a lly, counsel m u s t provide Cham b e r s with one paper copy of all pleadings (including briefs and e x h ib its ) supporting or opposing the following: a. A p p lic a tio n s for tem p o r a r y restraining orders, p r e lim in a r y injunctions or prejudgm e n t rem e d ie s ; M o t io n s to dism is s or for sum m a r y judgm e n t ; T r ia l briefs, including proposed findings of fact and conclusions of law; and A n y other docum e n t that exceeds 15 pages.

b. c. d.

Pleadings m u s t be typewritten using Arial bold 12 point font, double spaced and com p ly with all applicable p r o v is io n s of D. Conn. L. Civ. R. 10(a).

SO ORDERED.

§/ Vanessa L. Bryant U n ite d States District Judge
( R e v . 5/21/07 V L B )

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT
NOTICE REGARDING ELECTRONIC FILING
A ll civil cases assigned to Judge Bryant will be designated as electronically filed cases, and thus b e subject to the attached Electronic Filing Order, excluding cases involving pro se parties (including pro s e prisoner cases and social security disability appeals). Any attorney m a y file a m o tio n for Exem p tio n F r o m Electronic Filing within fourteen (14) days after the attorney enters an appearance in the case, which s h a ll be decided by the Judge.

In order to be able to file docum e n ts electronically, an attorney m u s t first register with the clerk's o f f ic e and obtain an electronic filing login and password. Registration form s are available on the Court's w e b s ite , along with a tutorial on electronic filing (www.ctd.uscourts.gov/cm e c f / ) . Training in electronic f ilin g is also available to attorneys through the clerk's office.

F O R THE COURT

KEVIN F. ROW E , CLERK
( R e v . 5/21/07 V L B )

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT
O R D E R ON PRETRIAL DEADLINES U n le s s otherwise ordered by the Judge to whom this is case is assigned, the parties shall adhere to the f o llo w in g deadlines: (a ) In accordance with the United States District Court for the District of Connecticut Local

R u le s of Civil Procedure (D. Conn. L. Civ. R. 26(f)), within thirty (30) days of the appearance of a d e f e n d a n t , the parties shall confer for the purposes described in the Federal Rules of Civil Procedure ( F e d . R. Civ. P. 26(f)). W ith in ten (10) days thereafter, the parties shall jointly file a report on Form 26(f), w h ic h appears in the Appendix to D. Conn. L. Civ. R. (b ) All m o tio n s relating to joinder of parties, claim s or rem e d ie s , class certification, and

a m e n d m e n t of the pleadings shall be filed within sixty (60) days after filing of the com p la in t , the filing of a p e t it io n for rem o v a l, or the transfer of an action from another District or court. (c ) All m o tio n s to dism is s based on the pleadings shall be filed within ninety (90) days after the

d a te the com p la in t was filed, a petition for rem o v a l is filed, or the transfer of an action from another District o r court. The filing of a m o tio n to dism is s shall not result in the stay of discovery or extend the tim e for c o m p le tin g discovery. (d ) Form a l discovery pursuant to the Federal Rules of Civil Procedure m a y not com m e n c e until

th e parties have conferred as required by Fed. R. Civ. P. 26(f) and Local Civil Rule 26(f) but parties m a y c o m m e n c e form a l discovery im m e d ia t e ly thereafter prior to the entry of a scheduling order pursuant to F e d . R. Civ. P. 16(b). Inform a l discovery by agreem e n t of the parties is encouraged and m a y com m e n c e a t any tim e . Unless otherwise ordered, discovery shall be com p le te d within six (6) m o n th s after the filing of th e com p la in t, the filing of a petition for rem o v a l, or the date of transfer of an action from another District o r court, whichever is earliest. (e ) In accordance with Fed. R. Civ. P. 16(b), parties m a y file m o tio n s for m o d if ic a tio n of the

d a te s set forth in the scheduling order issued pursuant to the parties' 26(f) report. Such m o t io n s to m o d if y

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m u s t be m a d e by written m o tio n filed not later than five (5) days prior to the earliest date sought to be m o d if ie d . A courtesy hard copy m u s t be filed with cham b e r s . Motions to m o d if y will not be granted absent g o o d cause shown in the m o tio n . This standard requires a particularized showing that the scheduling o r d e r could not be com p lie d with despite due diligence of the party seeking the m o d if ic a tio n . See D. Conn. L . Civ. R. 16(b). U n le s s specifically ordered by the Court, an extension of tim e to com p ly with any one of the tim e lim its in this Order does not autom a tic a lly extend the tim e to com p ly with subsequent tim e lim its by the s a m e num b e r of days. C o u n s e l for plaintiff or rem o v in g defendant shall be responsible for serving a copy of this order on a ll parties to the action. B y Order of the Court K e v in F. Rowe, Clerk
( R e v . 7/18/07 V L B )

T h is Order is issued pursuant to the Standing Order on Scheduling In Civil Cases, which appears in the Appendix to the Local Civil Rules.

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT
NOTICE TO COUNSEL FOR CASES REMOVED FROM SUPERIOR COURT STANDING ORDER
A ll parties rem o v in g actions to this Court pursuant to 28 U.S.C. § 1441 shall, no later than five (5) days a f te r filing a notice of rem o v a l, file and serve a signed statem e n t that sets forth the following inform a tio n : 1 . The date on which each defendant first received a copy of the sum m o n s and com p la in t in the state c o u r t action. 2 . The date on which each defendant was served with a copy of the sum m o n s and com p la in t, if any o f those dates are different from the dates set forth in item 1. 3 . In diversity cases, whether any defendant who has been served is a citizen of Connecticut. Also, if any party is a partnership, lim ite d liability partnership or lim ite d liability com p a n y or corporation, the c itiz e n s h ip of each partner, general partner, lim ite d partner and m e m b e r , and if any such partner, general p a r tn e r , lim ite d partner or m e m b e r is itself a partnership, lim ite d liability partnership or lim ite d liability com p a n y o r corporation, the citizenship of each m e m b e r . 4 . If rem o v a l takes place m o r e than thirty (30) days after any defendant first received a copy of the s u m m o n s and com p la in t, the reasons why rem o v a l has taken place at this tim e . 5 . The nam e of any defendant served prior to the filing of the notice of rem o v a l who has not form a lly j o in e d in the notice of rem o v a l and the reasons why any such defendant did not join in the notice of rem o v a l. A t the tim e a rem o v a l notice is filed with the Clerk of this Court, the rem o v in g party shall also file with th e Clerk a separate notice, entitled "Notice of Pending Motions," specifying any pending m o t io n s that require a c tio n by a Judge of this Court and attaching a true and com p le te copy of each such m o tio n and all supporting a n d opposition papers. T h e rem o v in g party shall list in its certificate of service im m e d ia te ly below the nam e and address of c o u n s e l the nam e of the party or parties represented by said counsel and all parties appearing pro se.

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N O T IC E TO COUNSEL RE LOCAL RULE 5(a)

T o ensure that our records are com p le te and to ensure that you receive notice of hearings and any c o u r t rulings, PLEASE FILE AN APPEARANCE with this office in accordance with Local Rule 5(a) of the Local Rules of Civil Procedure for the District of Connecticut.

C o u n s e l for the rem o v in g defendant(s) is responsible for im m e d ia t e l y serving a copy of this notice o n all counsel of record and all unrepresented parties at their last known address.

KEVIN F. ROWE, CLERK OF COURT
(R e v . 5/21/07 V L B )

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT
IN S T R U C T IO N RE: DISCLOSURE STATEMENT

Any nongovernm e n ta l entity which is party to an action in the court shall file an affidavit identifying any e n tity or person owning or controlling directly or indirectly, or having a beneficial interest of, at least 10% of s u c h party. A party shall file the affidavit with its initial pleading filed in the court. The party shall file an am e n d e d a f f id a v it within a reasonable tim e of any change in the party's affiliation so that the statem e n t rem a in s current. C o u n s e l shall append a certificate of service to the statem e n t in com p lia n c e with Local Rule 5(b). C o u n s e l for plaintiff or rem o v in g defendant shall be responsible for serving a copy of this order upon a ll parties to the action.

Vanessa L. Bryant United States District Judge
(R e v . 7/18/07 V L B )

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT NOTICE TO PARTIES REGARDING DISCOVERY DISPUTES

The standard scheduling order that Judge Bryant enters in cases before her provides as follows: "All discovery issues should be resolved in good faith by counsel in accordance with their obligations to the Court under the Federal Rules of Civil Procedure and the District's Local Rules. Before filing any motion relating to discovery, the parties are required to jointly confer with the Court by telephone, 860-240-3123." Parties seeking to confer with Judge Bryant telephonically regarding discovery disputes must comply with the following requirements: 1. Counsel for parties to discovery disputes must jointly contact Judge Bryant's chambers to set up a date and time for the telephonic conference. Except in extraordinary circumstances, Chambers staff will not entertain a request to schedule a telephonic conference unless counsel for all parties to the discovery dispute are on the telephone when the request is made to Chambers so that a date and time for the conference can be selected at that time. Counsel must specify the legal and factual basis of the dispute. Before contacting Chambers to schedule a telephonic discovery conference, counsel for parties to any discovery dispute are required by Rule 37(a)(2) of the Federal Rules of Civil Procedure and Local Rule 37(a)(2) to have conferred with one another and to have made a good faith effort to eliminate or reduce the area of controversy. A good faith effort requires the objecting party to state the legal basis and authority for any objection. All discovery issues should be resolved in good faith by counsel in accordance with their obligations to the Court under the Federal Rules of Civil Procedure and the District's Local Rules. Judge Bryant interprets the good faith conference obligation of the Federal Rules and Local Rules to require counsel to confer either face-to-face or by telephone; exchanges of correspondence are not sufficient in and of themselves to satisfy counsel's good faith conference obligations. At the outset of the telephonic discovery conference, Judge Bryant will require counsel for each party to the discovery dispute to certify orally that they have complied with their good faith conference obligations under the Federal Rules and Local Rules. Before seeking a telephonic conference, counsel for all parties to a discovery dispute must also agree upon the issues that they intend to raise with Judge Page 1 of 2

2.

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Bryant and inform Chambers of those issues at the time the telephonic conference is scheduled. If the parties cannot in good faith agree upon the issues to be raised with Judge Bryant, they shall so notify Chambers when they request a telephonic discovery conference. 4. If the dispute involves a written interrogatory, request for production, request for admission, deposition notice and/or subpoena (the "discovery request"), counsel for the party who served the discovery request at issue will, immediately following the telephone call requesting the conference, provide Chambers via facsimile with a copy of the particular discovery request at issue and the opposing party's written response to that particular request. Judge Bryant does not need the entire discovery request and response but requires only the particular portions of the discovery request and response at issue. Before faxing a copy of the disputed request(s) and response(s) to Judge Bryant, counsel for the party seeking to fax the disputed request must inform Chambers of counsel's intent to fax Judge Bryant a copy of the disputed request. Other than the request at issue, and a concise statement of the applicable legal argument and legal authority, Judge Bryant does not require, and does not want, counsel for the parties to provide her with any briefs, documents, deposition transcripts, correspondence or written argument regarding the discovery issue in dispute. If Judge Bryant requires briefs or other papers, she will establish a briefing schedule during the telephonic discovery conference. Counsel should agree in advance on which party will be responsible for instituting the telephonic discovery conference. Counsel should not contact Judge Bryant's Chambers until counsel for all parties to the discovery dispute are on the telephone. Failure to participate in a scheduled telephonic discovery conference may result in the imposition of sanctions. To schedule a telephonic discovery conference, call the clerk whose name corresponds to the terminal digit of your case as shown below.

5.

6.

7.

T e r m in a l digits (of your docket num b e r ) 0 ,1 : 2 , 3, 4, 5: 6 , 7, 8, 9: L a u r ie Lawlor J e r e m y Klatell J o h n W ils o n [phone] [phone] ( 8 6 0 ) 240-3125

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT
ORDER ON PRETRIAL DEADLINES SOCIAL SECURITY APPEALS ONLY Civil Action Number ___________________________(VLB)
U n le s s otherwise ordered by the Court, the parties shall adhere to the following deadlines: (a ) D e f e n d a n t shall file an answer no later than 60 (sixty) days following service of the C o m p la in t . A ll dispositive m o t io n s (Rem a n d to Com m is s io n e r , Reverse Decision of Com m is s io n e r , S u m m a r y Judgm e n t and Dism is s a l) shall be filed within four (4) m o n th s after the filing of t h e com p la in t . A f te r seven (7) m o n th s from the filing of the com p la in t, if there is no action by either party, a Local Rule 41(a) notice will issue. A n y Motion for Attorney's Fees under the Equal Access to Justice Act, 28 U.S.C. § 2412, s h a ll be filed no later than 60 (sixty) days from the entry of final judgm e n t .

(b)

(c )

(d )

In any pleading or legal m e m o r a n d u m filed, a copy of any opinion or decision cited which is not in th e U.S. Reports, Federal Reporter, Federal Supplem e n t or Connecticut state Reporters, and any statute, o r d in a n c e or regulation cited other than the U.S. Code or Connecticut General Statutes, shall be provided t o the court. A copy of this Order shall be served by the plaintiff on defendants in the Social Security Appeal.

S O ORDERED.

§/ Vanessa L. Bryant U n ite d States District Judge
( R e v . 5/21/07 V L B )

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT
JOINT TRIAL MEMORANDUM ORDER FOR THE HONORABLE VANESSA L. BRYANT
T h e parties shall confer and shall jointly prepare and subm it for the Court's approval a Joint Trial M e m o r a n d u m in com p lia n c e with Local Civil Rules of the United States District Court for the District of C o n n e c tic u t (D. Conn. L. Civ. R.10) and the District's Standing Order Regarding Trial Mem o r a n d a in Civil C a s e s as m o d if ie d in these instructions. In addition to electronically filing an original of the Joint Trial M e m o r a n d u m with the Clerk of the Court, counsel shall also provide Cham b e r s with a courtesy copy of the J o in t Trial Mem o r a n d u m and all attachm e n ts . If the m e m o r a n d u m is not electronically filed, a copy of the m e m o r a n d u m on a 3 ½ inch com p u te r diskette should also be sent to cham b e r s . The Joint Trial M e m o r a n d u m is intended to be a jointly prepared docum e n t. Therefore, these Instructions are not satisfied b y stapling together trial m e m o r a n d a prepared separately by counsel for each party. Individual m e m o r a n d a m a y not be filed. T h e Joint Trial Mem o r a n d u m shall contain the following inform a tio n : (1 ) TRIAL COUNSEL: Counsel shall list the nam e s , addresses, telephone num b e r s , fax num b e r s and e - m a il addresses of the attorney(s) who will try the case. Trial counsel m u s t attend the Final P r e tr ia l Conference, unless excused in advance by the Court for good cause. JURISDICTION: Counsel shall set forth the basis for federal jurisdiction. JURY/NON-JURY: Counsel shall state whether the case is to be tried to a jury or to the court. LENGTH OF TRIAL: Counsel shall set forth a realistic estim a te of trial days required to present e v id e n c e based on the expected length of testim o n y for each witness on both direct and crosse x a m in a tio n . FURTHER PROCEEDINGS: Counsel shall specify, with reasons, any further proceedings required p r i o r to trial (e.g., Daubert hearing). NATURE OF CASE: Counsel shall separately state the nature of each cause of action and the r e lie f sought. If appropriate, state the nature of any cross-claim s , counterclaim s and/or affirm a t iv e d e f e n s e s and the relief sought. TRIAL BY MAGISTRATE JUDGE: Counsel shall indicate whether they have agreed to a trial by a M a g is tr a te Judge and if so, file signed consent form s providing for any appeal to be heard directly b y the Court of Appeals. EVIDENCE: Prior to preparing and subm it t in g the Joint Trial Mem o r a n d u m , counsel are required to e x c h a n g e lists of proposed witnesses, exhibits and deposition transcripts to enable counsel for e a c h party to state in the Joint Trial Mem o r a n d u m whether they object to any proposed witness, e x h ib it or transcript. ( a ) W itn e s s e s : Counsel shall set forth the nam e s and addresses of each witness to be called at tr ia l, including a brief sum m a r y of the anticipated testim o n y and the expected duration of the w itn e s s 's testim o n y. Counsel shall indicate which witnesses are likely to testify and which w itn e s s e s will be called only if the need arises. For each expert witness, set forth the opinion to be e x p r e s s e d , a brief sum m a r y of the basis of the opinion and a list of the m a te r ia ls on which the w itn e s s intends to rely. Also state the area of the witness's expertise and attach a copy of the e x p e r t ' s report and a curriculum vitae.

(2 ) (3 ) (4 )

(5 )

(6)

(7 )

(8 )

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A n y objection to the adm is s ib ility of the testim o n y of any witness m u s t be stated in this section of th e Joint Trial Mem o r a n d u m , along with a brief statem e n t of the grounds and authority supporting th e objection as well as a brief statem e n t from the proponent of the witness regarding a d m is s ib ility. N O T E : W itn e s s e s not included in this list shall not be perm itte d to testify at trial, except for good c a u s e shown. All listed witnesses will be perm itte d to testify unless there is an explicit objection s ta te d to the witness's testim o n y. ( b ) Exhibits: Counsel shall attach a list of all exhibits to be offered at trial, including a brief d e s c r ip tio n of their contents. The parties shall m a r k all exhibits num e r ic a lly, with exhibit tags ( w h ic h will be provided by the clerk's office upon request) starting with Plaintiff's Exhibit "1" and D e f e n d a n t's Exhibit "500." W h e r e there are m u ltip le plaintiffs or defendants, counsel shall c o o r d in a te exhibit identification to ensure that exhibits and num b e r s are not duplicated. Copies of th e actual exhibits shall be exchanged no later than seven (7) days prior to subm is s io n of the Joint T r i a l Mem o r a n d u m . Copies of all exhibits as to which there m a y be objections m u s t be brought to th e Final Pretrial Conference. Ten (10) days before trial, counsel shall deliver to Judge Bryant two ( 2 ) sets of all exhibits placed in a three-ring binder with a copy of the exhibit list and sum m a r y at th e front of the binder and with each exhibit separately tabbed, and shall deliver to the Courtroom D e p u ty the original set of exhibits along with an exhibit list and sum m a r y pursuant to Local Civil R u le 83(6)(b). A n y objection to the adm is s ib ility of any exhibit m u s t be stated in a separate subsection of this s e c t io n of the Joint Trial Mem o r a n d u m , along with a brief statem e n t of the grounds and authority s u p p o rtin g the objection as well as a brief statem e n t from the proponent of the exhibit regarding a d m is s ib ility. N O T E : Exhibits not listed will not be adm itte d at trial, except for good cause shown. All listed e x h ib it s shall be deem e d adm is s ib le unless there is an explicit objection stated to the exhibit. ( c ) Deposition Testim o n y: Counsel shall list each witness who is expected to testify by deposition a t trial. Such list will include a designation by page references of the deposition transcript that e a c h party proposes to read into evidence. Cross-designations shall be listed as provided by Fed. R . Civ. P. 32(a)(4). The list shall include all objections to deposition designations. A m a r k e d - u p v e r s io n of the deposition transcript should also be subm itte d along with the Joint Trial M e m o r a n d u m (blue for plaintiff; red for defendant). N O T E : Objections not stated in the Joint Trial Mem o r a n d u m will constitute waiver, except for good c a u s e shown. (9 ) STIPULATIONS AND PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW : C o u n s e l for both parties shall confer in an effort to enter into a written stipulation of u n c o n tr o v e r te d facts and into an agreed statem e n t of the contested issues of fact and law. ( a ) Bench Trial: Each party shall subm it specific proposed findings of fact necessary to support a j u d g m e n t in that party's favor, identifying each witness and/or exhibit as to each factual c o n c lu s io n . Each party shall also subm it proposed conclusions of law, citing the legal authority th a t supports each claim or defense. E x c e p t under unusual circum s ta n c e s , post-trial briefing will not be perm itte d . Any pre-trial m e m o r a n d a that any party wishes the Court to consider m u s t be filed no later than ten (10) days p r io r to the date trial com m e n c e s . ( b ) Jury Trial: The stipulation of uncontroverted facts will be read to the jury, and no evidence shall b e presented on the uncontested facts.

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( 1 ) Proposed Voir Dire Questions: Counsel shall attach a list of questions to be subm itte d to the jury panel as part of the Joint Trial Mem o r a n d a , with any supplem e n ts no later than 2 4 hours before jury selection. ( 2 ) Proposed Jury Instructions: The parties shall m e e t and confer for the purposes of p r e p a r in g and filing jury instructions. Counsel shall attach (and also include on the d is k e tte (if applicable) requests for jury instructions, citing relevant legal authority for each p r o p o s e d instruction. Counsel are not required to subm it general jury instructions which, f o r exam p le , instruct the jury on its role, evidence in general, witness credibility, etc. If any p a r ty objects to another party's proposed instruction, counsel m u s t briefly state the nature o f the objection and the legal authority supporting the objection. Counsel shall certify that th e y have m a d e a good faith effort to resolve their differences. ( 3 ) Proposed Joint Verdict Form : Counsel shall m e e t and confer for the purposes of p r e p a r in g and filing a proposed verdict form and/or special interrogatories. Counsel shall a tta c h (and also include on the diskette (if applicable) proposed verdict form s and any p r o p o s e d special interrogatories. If the parties are unable to agree as to the a p p r o p r ia te n e s s of a proposed form , counsel for the objecting party m u s t state the basis f o r the objection and provide an alternative proposal (on a diskette) ten (10) days prior to th e date trial com m e n c e s . ( 4 ) Brief Description of Case and Parties: Counsel shall m e e t and confer and agree upon a brief description of the case, the issues and the parties that the Court can read to p r o p o s e d jurors at the outset of jury selection. (1 0 ) ANTICIPATED EVIDENTIARY PROBLEMS: Counsel shall list any evidentiary problem s a n tic ip a te d by any party and shall attach to the Joint Trial Mem o r a n d u m m o tio n s in lim in e along w ith m e m o r a n d a of law concerning any anticipated evidentiary problem s . All m e m o r a n d a in o p p o s itio n to any m o tio n in lim in e m u s t be filed within ten (10) days of the date on which the Joint T r ia l Mem o r a n d u m is filed and in any event no later than three (3) days before the Final Pretrial C o n fe re n c e .

SO ORDERED. §/ Vanessa L. Bryant United States District Judge
(R e v . 7/18/07 V L B )

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