Tobey v. Napolitano et al
Filing
37
SCHEDULING ORDER with Attachment # 1 Pretrial Schedule A (signed by District Judge Henry E. Hudson on 7/5/2011) (rpiz)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
PRETRIAL SCHEDULE A
(Judge Hudson)
This Pretrial Schedule A ("Schedule A") shall govern the
schedule of events in this action; and, therefore, it is
incorporated into the Scheduling Order to which it is attached.
I.
GENERAL INSTRUCTIONS
A.
Conflict With Local Rules Or Federal Rules Of Civil
Procedure
Because they govern events incident to trial and the control
of the Court's docket, the Scheduling Orders and Pretrial Orders
issued by the Court and this Schedule A shall control over any
perceived conflicting Local Rule or Federal Rule of Civil
Procedure, unless the party perceiving a conflict shall raise it by
motion, brief it in the manner required by the Local Rules and
demonstrate therein why the perceived conflicting provision of a
Pretrial Order, a Scheduling Order or Schedule A should not
control.
B.
Filing Deadlines And Service Of Papers
1.
If any filing deadline set in this Schedule A or the
Scheduling Order or a Pretrial Order falls upon a Saturday, Sunday,
or holiday, service on the opposing counsel or party shall be on
the last preceding business day. The papers so served shall be
filed with the Clerk on the first business day following the
Saturday, Sunday, or holiday. The provisions of Fed. R. Civ. P. 6
shall not apply to alter the time deadlines established by this
Schedule A.
2. All original pleadings shall be filed with the Clerk
of Court along with one (1) extra copy for Chambers’ use.
Pleadings in electronic cases shall be filed with the Clerk in
accordance with the Electronic Case Filing (ECF) Policies and
Procedures Manual, which may be found on the court’s website
(www.vaed.uscourts.gov/). Courtesy copy, filing deadline, and other
ECF information may also be obtained from the website.
3.
Motions with exhibits attached shall be filed on the
applicable date in all cases, paper or electronic.
One (1)
courtesy copy, exhibits included, shall be delivered to Chambers by
the next business day.
C.
Calculation Of The Dates
For the purpose of calculating dates, the date of trial shall
not be counted.
D.
Settlement
Counsel shall notify the Court immediately of any settlement.
The Court will place the case on the docket for presentation of a
final order within fifteen (15) calendar days of notification. If
a fully executed order is received prior to the presentation date,
the case will be removed from the docket and counsel need not
appear. If such an order is not timely submitted, the action will
be dismissed by the Court with prejudice on the basis of the
representation that the action has been settled.
II.
MOTIONS
A.
Local Rule 7
Local Rule 7 shall govern the filing of motions in this
action, except where otherwise stated. All hearing dates should be
arranged with the secretary to the district judge.
B.
Discovery Disputes
Counsel are expected to resolve discovery disputes
without filing pleadings or involving the Court. In the unusual
event that resolution of a discovery dispute requires the filing of
motions, they shall be filed, briefed and heard in sufficient time
to allow completion of the requested discovery by the discovery
cut-off date, taking into account the time allowed for responses
and replies under the Federal Rules of Civil Procedure, the Local
Rules, or any other Order of the Court.
Any discovery-related
issues not raised within five (5) calendar days before the
discovery cutoff will be deemed waived.
C.
Summary Judgment Motions
1.
All motions for summary judgment shall be filed at
the earliest possible date consistent with the requirements of the
Federal Rules of Civil Procedure, but such motions shall be filed
no later than fifty (50) calendar days before the scheduled trial
date. Unless otherwise ordered by the Court, the parties may file
only one (1) summary judgment motion, consolidating all issues,
consistent with Local Rule 56(C).
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2.
A hearing, if desired, shall be scheduled to take
place no later than fifteen (15) calendar days before trial.
D.
Motions In Limine
Motions in limine, if any, shall be filed in sufficient time,
taking into account the time allowed for responses and replies, to
be heard no later than ten (10) days before trial.
At the
discretion of the Court, hearings on motions in limine that take
less than ten (10) minutes may be deferred until the morning of
trial, or argued at the final pretrial conference.
III. DISCOVERY
A.
Filing Discovery
Except for good cause shown by motion under Fed. R. Civ. P.
5(d), discovery materials shall not be filed with the pleadings or
papers in any case.
Where specific discovery material may
appropriately support or oppose a motion, the specific discovery
material in question shall be appended as an exhibit to the motion,
or in response thereto, without having been previously filed.
Discovery material otherwise permitted to be used at trial may be
properly so used, if otherwise admissible, without having been
previously filed.
B.
Privilege Lists
If a party objects to the production of documents on the
grounds of attorney-client privilege, attorney work product
doctrine, or any other privilege, the objecting party must provide
the requesting party with an inventory list of the documents to
which objection is made, together with a brief description of the
document, including the date, the author, and the identity of each
recipient, and the claimed basis for its protection, all of which
shall be sufficient to permit the opposing party to assess the
claim of privilege or protection.
Unless otherwise ordered by the Court, the claim of privilege
or protection shall be waived unless the inventory and description
are served with the objections to the request for production in the
time required by the Local Rules.
C.
Close Of Discovery
All fact discovery, including all supplementation, shall be
concluded no later than fifty-five (55) calendar days before trial.
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IV.
EXPERTS
1.
Local Rule 26 shall govern disclosure and discovery
of experts and their reports.
2.
Unless the Court orders otherwise for good cause
shown, expert witnesses and reports not disclosed as required by
Fed. R. Civ. P. 26(a)(2) and (3) and the deadlines established
herein shall not be allowed to testify or be admitted into
evidence, as the case may be.
3.
Only one expert per discipline is permitted, except
by order of the Court.
4. Motions challenging the designation of experts shall
be filed at least thirty (30) calendar days before trial.
V.
TRIAL PREPARATION PROCEDURES AND DEADLINES
A.
trial,
effort
Unless
at the
Written Stipulations
1.
No later than twenty-four (24) calendar days before
counsel for each party shall meet and confer in a good faith
to enter into written stipulations of uncontroverted facts.
the parties agree otherwise, this conference shall be held
counsel's office that is closest to the courthouse.
2.
Written stipulations shall be signed by each counsel
and filed with the Clerk no later than eleven (11) calendar days
prior to trial.
B.
Discovery Designations And Summaries
1.
No later than twenty-one (21) calendar days before
trial, all parties shall serve on all other counsel a list of all
discovery materials, specifying the appropriate portions thereof,
that the party intends to offer at trial.
2.
If the designated materials include deposition
testimony (whether taken by transcript, video tape, or otherwise),
a brief summary of all such designated testimony, containing
citations to the page and lines of the deposition from which the
summary is taken, also shall be served on all counsel. Counsel are
admonished that, as officers of the Court, they are obligated to
submit summaries that are fair and accurate. Summaries are to be
served for both jury and non-jury trials.
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3.
No later than fourteen (14) calendar days before
trial, all parties shall serve on all counsel, a list of all
"fairness" or rebuttal designations and amended summaries, as
appropriate.
4.
No later than eleven (11) calendar days before
trial, any objection to the introduction of any designation or
parts thereof or any summary shall be filed by each of the parties
in writing with the Clerk. Such objection shall be deemed to have
been waived if not timely filed.
5.
No later than nine (9) calendar days before trial,
counsel shall confer to resolve objections to discovery
designations. If objections are not resolved, the Court should be
notified by appropriate motion at least seven (7) calendar days
before trial.
It shall be the responsibility of the objecting party to
file the specific discovery designation or summary with the party's
objections thereto. All such documents shall be clearly marked,
indexed, and easily reviewable.
The party offering the designated discovery shall be
responsible for: (i) conforming it to the agreement reached by the
parties or to the rulings on the objections; (ii) filing the
conformed version; and (iii) providing opposing counsel, the Clerk,
and the Court with a conformed set of all designated discovery five
(5) calendar days before trial.
6.
This paragraph on designations shall not apply to
discovery materials that will be used at trial solely in crossexamination or for impeachment.
C.
Witness Lists
1.
On or before eighteen (18) calendar days before
trial, plaintiff shall file a list of all witnesses intended to be
called at trial.
2.
On or before sixteen (16) calendar days before
trial, defendant shall file a corresponding list of all witnesses
intended to be called at trial.
3.
No witness who has been subpoenaed may be excused
except by leave of court or, if the witness has not testified at
trial, with the consent of all parties.
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4.
Failure to comply with the provisions of this
section will, in the absence of exceptional circumstances, result
in preclusion of the testimony of the witness and/or sanctions.
D.
Exhibits
1.
On or before eighteen (18) calendar days before
trial, plaintiff shall file with the Clerk a list of proposed
exhibits.
2.
On or before sixteen (16) calendar days before
trial, defendant shall file with the Clerk a list of proposed
exhibits.
3.
Any exhibit not listed and timely filed will not be
admitted at trial unless used solely for impeachment or rebuttal
purposes.
Counsel are admonished that the filing of exhibits
deemed by the Court to be unnecessary to a just disposition of the
case may be found to be violative of 28 U.S.C. § 1927 and the
filing of unnecessary exhibits will be the basis for sanctions.
4.
A set of exhibits shall be delivered to the opposing
party on the date the serving party's exhibit list is filed with
the Clerk.
5.
Exhibits shall be arranged in a notebook, with each
exhibit marked and individually tabbed. Plaintiff’s exhibits shall
be numbered and defendant’s exhibits shall be lettered.
Each
exhibit notebook should contain an index identifying each exhibit
by number and with a short neutral description.
6.
Objections to exhibits shall be filed with the Clerk
twelve (12) calendar days before trial. Any exhibit to which no
objection is made shall be admitted without further action.
7.
If counsel so desire, exhibit notebooks may also be
provided for each juror. All exhibits or photographs shall be of
such a size as to be easily seen from the jury box.
8.
On the day before the trial, each party shall
deliver in person to the Clerk two sets of pre-marked, indexed
exhibits (one for the judge; and one for the witness).
E.
Jury Instructions
1.
If this action is to be tried by a jury, each party
shall file a complete set of proposed jury instructions with the
Clerk on or before ten (10) calendar days before trial. Objections
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to instructions shall be filed in writing seven (7) calendar days
before trial. Each party shall file a proposed jury verdict form
with its instructions.
2.
Counsel shall make every effort to resolve
objections, to consolidate jury instructions, and to tender an
agreed set of instructions to the Court. Four (4) calendar days
before trial, counsel for the plaintiff shall file (a) a set of all
instructions as to which the parties are in agreement; and (b) a
separate set of instructions as to which there remains a dispute,
and, with respect to each such instruction, shall briefly state the
points on which the parties are still in dispute.
3.
Instructions shall be filed as a group with a cover
page in pleading form and with a certificate of service at the end.
Each instruction shall be set forth on a separate page with
subtitle (i.e. Breach of Contract) and the original shall bear at
its foot a citation of authority supporting the instruction. Each
instruction shall be identified by the party submitting it, with
plaintiff using numbers and defendant using letters.
4.
The Court prefers instructions taken from Federal
Jury Practice and Instructions (O’Malley, Grenig, & Lee).
5.
In addition, each party shall deliver to Chambers a
diskette or compact disc (CD) containing jury instructions, one (1)
set with citations and one (1) set without citations. The diskette
or CD shall be compatible with a current version of WordPerfect, or
other convertible format.
F.
Findings Of Fact And Conclusions Of Law
1.
If this action will not be tried by a jury, each
party shall file with the Clerk proposed findings of fact and
conclusions of law not later than ten (10) calendar days before
trial.
2.
The proposed findings of fact and conclusions of law
shall be in numbered paragraphs. Conclusions of law shall cite
authority.
G.
Voir Dire
Any proposed voir dire questions shall be filed with the
Clerk and delivered to opposing counsel not later than seven (7)
calendar days before trial.
Objections to voir dire questions
shall be filed three (3) calendar days before trial.
REVISED 7/1/2008
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