Spooner v. The Associated Press, Inc. et al
Filing
12
NOTICE OF PRETRIAL CONFERENCE: Pretrial Conference set for 6/1/2011 10:30 AM in Courtroom 6A (STP) before Magistrate Judge Jeffrey J. Keyes. (Attachments: # 1 Consent Form)(MMP)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
William H. Spooner,
Civil No. 11cv00642 JRT/JJK
Plaintiff,
NOTICE OF PRETRIAL
CONFERENCE
v.
Jon Krawczynski, et al.,
Defendant.
Pursuant to Rule 16(a) of the Federal Rules of Civil Procedure, a pretrial
conference will be held on June 1, 2011, at 10:30 a.m., in Courtroom 6A,
Warren E. Burger Federal Building, 316 North Robert Street, St. Paul,
Minnesota 55101, before United States Magistrate Judge Jeffrey J. Keyes.
Pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, counsel
shall meet before the scheduled pretrial conference and jointly prepare and file,
a complete written Report of the Rule 26(f) meeting at least three business
days prior to the pretrial conference. The Report shall be in the attached
format. Please e-mail a copy in WORD format to Magistrate Judge Keyes at
keyes_chambers@ mnd.uscourts. gov.
If any party does not have counsel of record listed in this case, it is the
responsibility of counsel for Plaintiff to (1) immediately notify those parties and
counsel of this conference, and (2) inform those parties and counsel of the
requirements set forth in this notice.
Failure of any party or counsel to comply with any part of this notice,
including delivery of a copy of the Rule 26(f) Report to Magistrate Judge Keyes
by the time specified in this notice, may result in the postponement of the pretrial
conference, an imposition of an appropriate sanction on the party, company or
attorney who failed to comply, or both.
Counsel who will be trying the case should be present at the conference.
If this is not possible, substitute counsel should be arranged. Counsel should
contact Magistrate Judge Keyes’ Judicial Assistant, Jackie Phipps, at 651-8481180, with respect to any matters concerning the pretrial conference.
Dated:
May 11, 2011
s/ Jackie Phipps
Jacqueline E. Phipps
Judicial Assistant
Attachment
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UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Name of Plaintiff,
Civil No. _____________
Plaintiff(s),
v.
RULE 26(f) REPORT
Name of Defendant,
Defendant(s).
______________________________________________________
The parties/counsel identified below participated in the meeting required by
Fed.R.Civ.P. 26(f) on _____________, 20___, and prepared the following report.
The pretrial conference in this matter is scheduled for ______________,
20___, at _______, before United States Magistrate Judge Jeffrey J. Keyes in
Courtroom 6A, United States District Court, Warren E. Burger Federal
Courthouse, 316 North Robert Street, St. Paul, Minnesota 55101.
A. DESCRIPTION OF CASE
(1)
Concise Factual Summary of Plaintiff's Claims;
(2)
Concise Factual Summary of Defendant's claims/defenses;
(3)
Statement of Jurisdiction (including statutory citations);
(4)
Summary of Factual Stipulations or Agreements;
(5)
Statement of whether jury trial has been timely demanded by
any party;
(6)
If the parties would like the case resolved under the Rules of
Procedure for Expedited Trials of the United States District Court,
District of Minnesota, a statement of the parties’ agreement.
B. DISCOVERY DEADLINES AND LIMITS
Pursuant to Fed.R.Civ.P. 26(f), the parties must prepare a discovery plan
which is designed to maximize the efficiency of pretrial case preparation. The
parties must review and address each of the matters set forth in Fed.R.Civ.P.
26(f)(3)(A)-(F) and design a discovery plan which is appropriate for the
circumstances of this case. The details of the discovery plan should be set forth
in the Rule 26(f) Report. The following discovery schedule and limitations are
intended to guide the parties and should be useful in the ordinary case.
However, the parties are encouraged to reach agreement upon, and suggest to
the Court, a discovery plan which takes into account the unique circumstances of
the individual case. To the extent that the parties cannot reach agreement on
any particular item about scheduling or discovery limitation, they should set forth
their separate positions in the Rule 26(f) Report and this will be discussed at the
Pretrial Conference:
1.
All pre-discovery disclosures required by Rule 26(a)(1) shall
be completed on or before _________________________.
2.
All motions which seek to amend the pleadings or to add
parties must be filed and served on or before __________.
3.
Fact discovery shall be commenced in time to be completed
on or before ____________________________.
4.
No more than a total of _______ interrogatories, counted in
accordance with Rule 33(a), shall be served by each side. No
more than _______ document requests and no more than
__________ requests for admissions shall be served by
each side.
5.
No more than _________ depositions, excluding expert
witness depositions, shall be taken by each side.
6.
Non-dispositive motions and supporting documents, including
those which relate to fact discovery, shall be filed and served
on or before_______________________________.
7.
Each side may call up to_____ expert witnesses. Disclosure
of the identity of expert witnesses under Rule 26(a)(2)(A) and
the full disclosures required by Rule 26(a)(2)(B), accompanied
by the written report prepared and signed by the expert
witness, shall be made as follows:
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a.
Identities by Plaintiff on or before__________________.
Reports by Plaintiff on or before __________________.
b.
Identities by Defendant on or before _______________.
Reports by Defendant on or before ________________.
8.
Each side may take one deposition per expert. Expert
discovery, including depositions, shall be completed by
__________________. All non-dispositive motions and
supporting documents which relate to expert discovery shall
be filed and served on or before _____________________.
9.
No more than _____ Rule 35 medical examinations shall be
taken on or before ________________________________.
C. PROTECTIVE ORDER
If either party believes a Protective Order is necessary, the parties shall
jointly submit a proposed Protective Order. The parties are encouraged, though
not required, to use Form 6 to the Local Rules as a template for the proposed
Protective Order, they shall present with this report any issues of disagreement.
The Court shall endeavor to resolve any issues relating to the Protective Order in
connection with the pretrial conference.
D. INSURANCE CARRIERS/INDEMNITORS
List all insurance carriers/indemnitors, including limits of coverage of each
defendant or statement that the defendant is self-insure.
E. DISPOSITIVE MOTION SCHEDULE
The parties recommend that dispositive motions be filed and served on or
before ___________________. For those cases assigned to Judges Magnuson,
Kyle and Schiltz, this dispositive motion deadline will be for the filing, serving and
hearing of the motion.
F. TRIAL-READY DATE
The parties agree that the case will be ready for bench/jury trial on or after
_________________________; the expected length of trial is ________ days.
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G. SETTLEMENT
(1)
The parties will discuss settlement before _____________, the date
of the initial pretrial conference, by the plaintiff making a written
demand for settlement and each defendant making a written
response/offer to the plaintiff’s demand.
(2)
The parties believe that a settlement conference is appropriate and
should be scheduled by the Court before ____________________.
(3)
The parties have discussed whether alternative dispute resolution
(ADR) will be helpful to the resolution of this case and recommend
the following to the Court:
H. TRIAL BY MAGISTRATE JUDGE
The parties have/have not agreed to consent to jurisdiction by the
Magistrate Judge pursuant to Title 28, United States Code, Section 636(c). (If
the parties agree, the consent should be filed with the Rule 26(f) Report.)
DATE: ________________________
Plaintiff's Counsel
License #
Address
Phone #
DATE: ________________________
Defendant's Counsel
License #
Address
Phone #
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MAGISTRATE JUDGE JEFFREY J. KEYES
Practice Pointers and Preferences
CONTACT WITH CHAMBERS
Magistrate Judge Keyes encourages you to contact his Judicial
Assistant, Jackie Phipps, or his Law Clerks if you have questions
about his practice pointers and preferences.
Members of Magistrate Judge Keyes’ chambers have been
instructed not to provide answers to legal questions over the
telephone. This includes procedural questions that would be
governed by the Federal Rules of Civil Procedure or the Local Rules
for the District of Minnesota.
When arranging for a scheduled telephone conference with
Magistrate Judge Keyes, the moving party should have all parties on
the line before contacting chambers, unless a Conference Bridge
call has been set up by the Court.
When contacting the Court with a question regarding a specific case,
please have the case name and number ready to provide to
chambers.
If a party has a question or needs clarification regarding an order
submitted by the Court, please submit a letter via ECF or email to
Magistrate Judge Keyes asking for clarification. Do not call
chambers asking for clarification.
If you have a question about how to file a document on ECF, please
call the Clerk’s Office at 651-848-1100.
FIRST PRETRIAL CONFERENCE
Email a copy of pretrial conference Rule 26(f) Reports to chambers
at keyes_chambers@ mnd.uscourts.gov in WORD 2010 format. A
hard copy of the 26(f) Report is not required.
Rule 16 conferences by teleconference are disfavored.
In patent cases, Magistrate Judge Keyes uses a specific pretrial
scheduling order. The Report shall be in the format of Form 4 Rule
26(f) Report (Patent Cases) attached to the Local Rules of the
United States District Court, District of Minnesota. Please submit to
the Court in advance of the pretrial conference.
STIPULATIONS AND PROPOSED ORDERS
Counsel should be cognizant of the electronic filing rules relating to
submission of stipulations and proposed orders. Stipulations should
be filed electronically. Proposed orders should be a separate
document emailed to chambers at keyes_chambers@mnd.uscourts.
gov, and should be in WORD 2010 (.docx) format and reference
docket numbers to which it relates.
For nondispositive motions, specifically identify the relief you are
seeking in your proposed order (e.g., for motions to compel, identify
each discovery request for which you are seeking relief and the relief
sought). Do not merely request that the motion be granted or
denied.
Counsel should remember to set forth the information required by
Local Rule 16.3 when submitting stipulations to amend the
scheduling order.
The stipulation and proposed order procedure is preferred over the
filing of an “unopposed” motion for the relief sought.
TELEPHONE HEARINGS
Magistrate Judge Keyes will hold telephone hearings by special
permission only. If an attorney wants to have a telephone hearing
on any matter, the attorney should send a short letter (no longer
than two pages) via email to the Court and other counsel of record
explaining why a telephone hearing should be held and suggesting a
time frame. Other counsel may promptly respond with a short letter
(no longer than two pages) explaining the other party’s position on
the telephone hearing. The Court will then inform the parties about
whether a telephone hearing will be held and set an appropriate
schedule.
MOTION PRACTICE
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All motions to be heard by the Court must be scheduled through
Magistrate Judge Keyes’ Judicial Assistant, Jackie Phipps, at 651848-1180. Even if the parties to a dispute agree that a motion can
be submitted on the papers, Ms. Phipps must be contacted to set
the date for submission of the matter to the Court (the matter will be
deemed submitted upon receipt of the last submission). The Court
ultimately will determine whether to hold a hearing on the matter or
not.
As a general rule, Magistrate Judge Keyes schedules half-hour
hearings for nondispositive motions and one-hour hearings for
dispositive motions. Please inform Magistrate Judge Keyes’ Judicial
Assistant, Jackie Phipps (telephone 651-848-1180), AHEAD OF
TIME if you anticipate that more time should be allowed for the
motion. This is an important courtesy so that the Court, the court
reporter, court security, and court staff can arrange their schedules.
Once a motion date and time has been reserved, do not add
additional motions without contacting the Judicial Assistant to make
sure there is enough time scheduled for all of the motions.
If a motion or case has been resolved, please contact chambers as
soon as possible (by telephone or via email) so that any hearing on
the matter resolved may be removed from the calendar. Even if a
motion has only been partially resolved, please contact chambers to
let the Court know what parts of the motion have been resolved.
WRITTEN SUBMISSIONS
Before submitting any motion to the Court, check to make sure that
you are in compliance with the Local Rules for the District of
Minnesota and the case’s pretrial scheduling order. For example, all
motions to modify the pretrial scheduling order require compliance
with Local Rule 16.3. Local Rule 37.2 requires, for all motions to
compel dealing with interrogatories, document requests and
requests for admission, that the discovery response and objection at
issue be stated verbatim within your memorandum of law.
Obtain leave from the Court prior to filing a reply brief not provided
for under the Rules of Civil Procedure or Local Rules or filing a brief
exceeding the word count or page limits.
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Please remember that parties are to send to chambers (via mail or
hand delivery) two courtesy copies, collated and stapled, of all
pleadings and motion papers (i.e., briefs, motions, memoranda,
responses, etc.) pursuant to the Local Rules. Please carefully index
and paginate any exhibits or attachments. The submission of both
sets of such materials in three-ring notebooks and tabbed,
particularly if they are voluminous, is very much appreciated by
the Court. Make sure that when there is a reference to an exhibit or
attachment in a brief or memorandum the Court can quickly and
easily find the specific page of the referenced exhibit or attachment.
When filing exhibits electronically, they should be attached to an
affidavit that explains where specific exhibits can be found in the
electronic attachments.
Do not use tiny footnotes in your briefs. They are difficult to read
and suggest that the information contained in them is not very
important. Judge Keyes follows the type-size conventions set forth
in D. Minn. Loc R. 7.1(e).
Magistrate Judge Keyes strictly follows the word count and format
rules set forth in the Local Rules.
When filing a motion to amend a pleading, the moving party should
submit a “redlined” version of the proposed amended pleading
showing the differences between the original and the proposed
amendment.
Do not refer to pleadings in your motion papers and assume that the
Court has easy access to them. If another pleading is important
enough to reference in your motion papers, then attach it, so that
your motion is a self-contained bundle.
SETTLEMENT CONFERENCES
Read and comply with any Order for Settlement Conference issued
by the Court. Among other items, this Order requires the parties to
send to the Court, in advance of the conference, a confidential letter
addressing several issues.
Parties should be prepared to spend the entire day (and even the
evening) at a settlement conference, if the Court deems that the
parties are making progress at the conference. Therefore, attorneys
and their client representatives should be prepared to change other
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events they have planned for the day or evening, and their travel
plans, if necessary.
IN-COURT
Be prompt.
Stand at the podium when addressing the Court and counsel,
speaking directly into the microphones. Address the Court and
opposing counsel with civility and formality.
Direct your oral arguments to the Court, not to the Law Clerk or other
court personnel.
Magistrate Judge Keyes reads all written submissions in advance, so
keep that in mind when preparing your oral argument.
Rather than repeating the arguments stated in your submission,
focus oral argument on responding to the opposing side’s
arguments.
If a party submits additional case law or exhibits at oral argument,
counsel must first furnish the additional case law or exhibits to
opposing counsel. Bring two additional copies of cases or any other
handouts used in oral argument for the Court.
Magistrate Judge Keyes is located in the St. Paul Courthouse, but on
occasion holds hearings in Minneapolis. Many hearings have been
delayed because counsel goes to the wrong courthouse. Please
make sure to verify the location of the hearing.
TRIAL
In jury trials, the parties must submit trial statements, exhibit lists,
witness lists, deposition designations, motions in limine, proposed
voir dire questions, and proposed jury instruction ten days before
trial. Responses to motions in limine are due three days before trial.
Exhibits should be marked prior to trial and should correspond to the
exhibit list.
The Court expects the parties to submit a joint proposed statement
of the case that can be read to the jury during voir dire.
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The parties are required to meet and confer in advance of trial and
then jointly submit to the Court the proposed jury instructions on
which they agree.
On any jury instruction that cannot be agreed upon, which should be
very few, the proposed instructions should be submitted in different
colors corresponding to the different parties (i.e., Plaintiff’s proposed
instruction in red; Defendant’s proposed instruction in blue).
Parties must include citations with proposed jury instructions.
The parties should consider submitting preliminary instructions that
will preview the substantive legal issues in the case.
If videotaped depositions are to be used at trial, attorneys must
confer and edit the tapes to get to the heart of the matter. Any
dispute over use of videotape should be raised in limine prior to trial.
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EXPEDITED TRIALS
Since July 2, 2001, the United States District Court for the District of Minnesota has offered a litigation
alternative called Expedited Trials. This program offers an alternative to traditional case processing by allowing
for a shorter time period from filing to disposition. Discovery and motion practice will be sharply limited as a
means to reduce time and expense. All parties and their attorneys are encouraged to use this new program for
their civil cases.
The following key elements of the Expedited Trials Program are intended only as an overview. Please consult
the rules for a detailed description of the program and the applicable rules and limitations.
Participation
• Parties may have a pre-existing agreement.
• Parties may agree to participate after the action is commenced.
• The agreement shall be in writing and attached to the Complaint or filed promptly
after agreement is reached.
Initial Disclosures
• Served with Complaint and Answer or Counterclaim (pre-existing agreement).
• Made within 5 days of the date of the filing of the Expedited Trials agreement.
Pretrial Conference
• Held within 30 days of the date the Complaint is served.
• Upon request, parties may appear by telephone.
Pretrial Order
• Issued at the Pretrial Conference.
• Exchange Fed. R. Civ. P. Rule 26 (a) (1) (B) documents within 30 days of the Pretrial
Conference.
• All discovery completed within 120 days of the Pretrial Conference.
Discovery and
Testimony Limits
• 10 interrogatories
• 5 document requests
• 1 expert witness
• 5 requests for admission
• 2 depositions
Non-dispositive
Motions
• Parties must apply for permission to file by telephone to the Magistrate Judge.
• If permission granted, motion and response are limited to two pages.
Dispositive Motions
• Parties must apply for permission to file in writing to the District Judge.
• If permission granted, a prompt briefing schedule and memoranda limits will be set by
the District Judge.
Trial Date
• Called for trial no later than 6 months after the Pretrial Conference.
• If consent to trial by Magistrate Judge, the trial will be held on date certain within 120
days of the Pretrial Conference.
Trial
• Each side will have eight hours of trial time.
Judgment
• Order for Judgment entered within 30 days after the matter is submitted.
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