Brate v. Belcan Corporation

Filing 2

ORDER: Preliminary Pretrial Conference scheduled for April 26, 2013 at 9:00 a.m. Counsel to file Joint Litigation Plan by April 12, 2013. Signed by Judge Herman J. Weber on 1/8/2013. (eb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
LILLIE BRATE,
Plaintiff
v.

C-1-13-05

BELCAN CORPORATION,
Defendant
PRELIMINARY PRETRIAL CONFERENCE ORDER
Pursuant to Fed. R. Civ. P. 1, 16 and 26(f), the Court hereby

ORDERS the parties to meet, confer and prepare a joint plan for the
conduct of the litigation, which the PLAINTIFF shall file with the Clerk
of Courts ON OR BEFORE APRIL 12, 2013.
The proposed plan shall indicate the parties' views on the following:
(1)

Whether the parties have complied with Rule 26(a)(1)
and 26(f) of the Federal Rules of Civil Procedure and, if
not, why;

(2)

What limitations should be imposed upon discovery;

Rev. 5/04

(3)

Whether a protective order is necessary and, if so, the
parties shall draft an agreed protective order for the
Court=s review which shall be subject to the Court's
continuing jurisdiction;

(4)

Whether the parties will consent to the jurisdiction of
the Magistrate Judge or other alternative dispute
resolution would be appropriate;

(5)
Whether the suggestion of a complex case should be
made;
(6)

The
appropriateness
and
timing
of
summary
adjudication under Fed. R. Civ. P. 12(b)(1) through (7);

(7)

The
appropriateness
and
timing
adjudication under Fed. R. Civ. P. 56;

(8)

The appropriateness of submitting a RICO statement;

(9)

The appropriateness of remand pursuant to 28 U.S.C.
1447 in removal cases; and

of

summary

(10) The need for jury trial or trial to the bench.
In addition the proposed plan shall contain a proposed joint
scheduling order that includes the following deadlines:
(1)
The cut-off for joining other parties and amendments of
the pleadings;
(2)

The dates by which the parties shall comply with Rule
26(a)(2) of the Federal Rules of Civil Procedure;

(3)

The discovery cut-off date;

Rev. 5/04

(4)
The date by which the parties shall file a joint status
report;
(5)

The deadline for filing all dispositive pre-trial motions;

(6)

The deadline for filing a proposed Joint Final Pre-Trial

Order;
(7)

The date the parties believe they will be ready for trial.

Counsel shall appear with their clients for a PRELIMINARY
PRETRIAL CONFERENCE ON APRIL 26, 2013 AT 9:00 A.M. in Room 801,
U.S. Courthouse, 100 East 5th Street, Cincinnati, Ohio.
Counsel may jointly request the Court cancel the above scheduled
Conference for good cause. Said joint Request for Cancellation shall be
submitted to the Court at least seven (7) days prior to the Conference.
Counsel shall contact this Court=s Case Manager, Darlene Maury, at
513/564-7523 to determine whether their request for the cancellation of
this conference has been approved by the Court.

Rev. 5/04

At such conference, counsel shall be prepared to discuss any
questions concerning pleadings, jurisdiction, venue, pending motions,
addition of parties, the probable length of discovery, the probable length
of trial and the possibility of settlement of the case, possible use of
bifurcation of troublesome issues, court-appointed experts, special
masters, or any other device to expedite trial. At the preliminary pretrial
conference, the Court will rule on all pending motions, if at all possible.
IT SHALL BE THE PLAINTIFF'S RESPONSIBILITY to provide a copy
of this Order as soon as possible to opposing counsel and report to this
Court=s Case Manager forthwith that Plaintiff has provided the copy of the
Order. This is a continuing responsibility of the Plaintiff as new parties
are added to the case.

IT SHALL BE THE RESPONSIBILITY OF ALL PARTIES to
cooperate and comply with this Order.
IT IS SO ORDERED.
__s/Herman J. Weber_________
Herman J. Weber, Senior Judge
United States District Court

Rev. 5/04

THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
_________________________,
Plaintiff
v.

Civil: C-1-

_________________________,
Defendant

REQUEST TO CANCEL CONFERENCE
The undersigned parties/counsel hereby request the Court to cancel the
Preliminary

Pretrial

Conference

___________________________

scheduled
for

for

(date

and

the

time)

following

reason(s)_________________________________________________________
___________________________________________________________.
The parties further request that the Court adopt and enter the Proposed
Scheduling Order
previously submitted in the above styled case.
_______________________________
Plaintiff

__________________________
Defendant

_______________________________
_______________________________

__________________________
__________________________

APPROVED:
_____________________________
Herman J. Weber, Senior Judge
United States District Court
Rev. 5/04

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

_________________________,
Plaintiff
v.

CIVIL ACTION: C-1-

_________________________,
Defendant
CONSENT TO PROCEED BEFORE A MAGISTRATE
Under 28 U.S.C. Sec. 636(c), the parties to this civil matter waive their right to proceed before a
district judge and consent to have a United States Magistrate Judge conduct all further proceedings,
including the trial and judgment. Appeal shall be to the United States Court of Appeals for the Sixth
Circuit under 28 U.S.C. Sec. 636(c)(3).
___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

NOTE: File this with the Clerk only if it has been signed by all the parties.
______________________________________________________________________________
ORDER OF REFERENCE
It is ORDERED that this matter is TRANSFERRED to the United States Magistrate Judge
___________________________ to conduct all further proceedings, including final judgment.

____________________________________
HERMAN J. WEBER, SENIOR JUDGE
UNITED STATES DISTRICT COURT
Rev. 5/04