Introduction

The purpose of this document is to introduce attorneys, who have not appeared before me, to some of the ways I like to have things done. Unless indicated otherwise, these instructions are not orders; rather, they are indications of what I desire from the lawyers in cases assigned to me.

1. Initial Status/Scheduling, Case Management, and Other Conferences (ISSC/CMC)

   Shortly after plaintiff has filed the complaint, a member of my staff will contact counsel to: 1) determine whether the identity of opposing counsel is known; 2) confirm that service either has occurred, is about to occur, or may be delayed; and 3) determine if other non-substantive matters need tending.

    Once opposing counsel is known or becomes known by filing an appearance, my staff will set an initial status scheduling conference/case management conference. (“ISSC/CMC”). At that conference I will discuss and, if possible, set a timetable for: 1) Rule 26 disclosures; 2) discovery; 3) motion practice; 4) if agreeable, an early settlement conference; and 5) further pretrial conferences.

   Counsel, to enhance the utility of the ISSC/CMC, should discuss those subjects beforehand. Ideally, counsel should meet and confer in accord with Rule 26, and, if possible, file a Report of the Parties’ Planning Meeting a few days before the ISSC/CMC. I will be particularly interested in any anticipated discovery problems, including those relating to electronically stored information.

    

2. Discovery

   Counsel may, upon agreement, engage in discovery before the ISSC/CMC.

   Counsel may, upon agreement, when they believe in good faith that the needs of the case so require, exceed the limits on discovery in the Federal and our Local Civil Rules.

   In employment discrimination cases (e.g., Title VII, ADEA, ADA, FMLA) and Fair Labor Standard Act cases not plead as collective actions, counsel should, to the extent practicable and useful in the particular case, consult and follow the Federal Judicial Center’s Initial Discovery Protocols for Employment Cases[1] and Protocols for Initial Discovery in Fair Labor Standards Act Cases Not Pleaded as Collective Actions.[2]

   Counsel are to abide by Local Civil Rule 37 and its mandate that counsel may not file any motion of any kind relating to discovery until they, in good faith, meet and confer or attempt to meet and confer and then make a request for me to attempt to resolve any disputes. I personally handle all discovery disputes, including any that arise during a deposition.

   Whenever such dispute arises, counsel must notify my chambers, preferably by email, briefly stating the nature of the dispute.

   Where the dispute involves claims of attorney-client privilege or attorney work product, it is not necessary, unless I order otherwise, to prepare and submit a privilege log.

   Counsel must: 1) communicate telephonically with each other where delay is occurring with regard to, inter alia, responding to emails relating to discovery matters, including responding to discovery requests and setting dates; 2) during depositions, conduct themselves as if they were in open court, by refraining entirely from disruptive conduct, such as speaking objections, rudeness to or disparagement of witnesses or other counsel, vulgar or profane language, etc., and 3) not terminate a deposition without first contacting my chambers and seeking a resolution of the dispute.

    

3. Motions

   Unless giving prior notice would jeopardize the plaintiff’s interests, counsel seeking a temporary restraining order must undertake all reasonable efforts to learn the identity of counsel for the defendant and provide that lawyer with a copy of the complaint, motion, and, if any, supporting brief, so that counsel for the defendant can participate in the TRO proceedings.

   Where, instead of filing an answer to a complaint, a defendant files a motion to dismiss, the Courtroom Deputy, Tina Damoah, will issue an order granting the plaintiff one month to file an opposition, and the defendant will have two weeks thereafter to file a reply. If at any time before the entry of a decision on the motion, any counsel desires to raise an issue for discussion with the court, he or she should contact Deputy Damoah with such request. (419-213-5565 by phone) or (tina_damoah@ohnd.uscourts.gov by email).

   Unless asked to do differently or if the case otherwise requires, I schedule the filing of motions for summary judgment one month after completion of fact witness/expert discovery.

   Absent a specific request, I allow one month for filing the opposition to dispositive motions and two weeks for the reply. Where there is a counter-motion, I allow one month for filing the opposition to the initial motion and counter-motion, three weeks for the reply to the initial motion and opposition to the counter-motion, and ten days for the reply to the counter-motion.

   Where summary judgment practice may involve Daubert issues, those issue should be briefed separately and adjudicated before the filing and briefing of the summary judgment motion.  

   I always prefer that counsel file reply briefs. If counsel considers a reply brief unnecessary, he or she should notify Courtroom Deputy Damoah. Otherwise the fact that the motion is decisional may be overlooked, with resulting delay in its adjudication.

   Where a motion raises an unresolved, dispositive legal issue under Ohio (or another state’s) law, counsel should, before engaging in briefing, request that I consider certifying that issue to the Ohio Supreme Court (or other state court, which allows for certification of such issues) for adjudication.

   If a motion has been decisional for more than two months, call that fact to Deputy Damoah’s attention.

   If counsel desire expedited adjudication of a motion, notify Deputy Damoah of that need.

   I prefer that counsel use Westlaw citations to cases. However, this is not mandatory.

   While I prefer that counsel abide by the page limits of our Local Rule, doing so is not mandatory if the number of issues or their complexity warrant lengthier briefing. Requesting leave to exceed page limitations is not necessary.

   If the parties undertake settlement negotiations while a motion is pending, notify Deputy Damoah. If settlement does not occur, inform her that she may return the motion to the decisional list.

   I strongly disfavor motions for reconsideration. I will impose sanctions for motions that merely seek reconsideration of my reasoning or result, or that I conclude were filed without plausible justification.

    

4. Settlement Conferences

   To the extent possible, I personally hold settlement conferences in my cases. However, Counsel may request referral to a Magistrate Judge, another District Judge, or a third party Mediator/Arbitrator. (Referral to the Magistrate Judge should occur in all non-jury cases.)

   Unless either party requests or I conclude otherwise, I conduct my settlement conferences by ZOOM. My office will make arrangements for sending the conference link to counsel. 

   For all settlement conferences that I hold: 1) plaintiff shall make a reasonable, good faith demand not later than three weeks before the conference; 2) defendant shall make a reasonable good faith offer not later than two weeks before the conference; 3) counsel for the parties and the parties (or a representative with full authority to meet the opposing party’s last demand) shall attend the conference; and 4) counsel for all parties shall file an ex parte narrative settlement statement not later than 10 days before the conference.

   The ex parte briefs shall set forth: a) the parties’ view of the strengths and weaknesses of their case; b) the strengths and weaknesses of opposing parties; c.) the last demand/offer; and d.) what counsel expects the client will accept or pay.

   Once a settlement is reached, to ensure confidentiality of settlement terms, when requested, I instruct the parties that all they can tell anyone is that the case is over, they are satisfied, and they can say nothing else about the case. I also explain the risk of noncompliance with that mandate, including repayment of the settlement amount, dismissal with prejudice of the complaint, and possible contempt citation. If a party desires to inform a spouse, a family member, or another individual, I make clear such person is to be informed of this requirement. 

   I routinely ask the parties and counsel to agree that: 1) they submit all post-settlement conference disputes, if any, to me for binding, non-appealable resolution; and 2) I retain jurisdiction following settlement.

    

5. Pro Hac Vice

   Unless opposing counsel objects, counsel may move orally for pro hac vice admission at the ISSC/CMC or other pretrial conference. Such requests, along with payment of the requisite fee, suffices.

   I encourage, but do not require, counsel admitted pro hac vice to: 1) retain the services of, and have an appearance filed by, local counsel; and 2) keep local counsel fully informed about, and when appropriate, involved in the case.

    

6. Electronic Filing

   All documents, pleadings, motions and briefs must be filed in a text-searchable PDF format so that they may be copied and/or keyword searched by me or my staff.

   Depositions and critical exhibits to pleadings and briefs, such as a contract, affidavit, employee handbook, etc., should also be filed in a text-searchable PDF format.

   Counsel may, upon seeking and obtaining prior approval from chambers, manually file exceptionally voluminous exhibits.

    

    

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   [1] https://www.fjc.gov/sites/default/files/2012/DiscEmpl.pdf

    

   [2] https://www.fjc.gov/sites/default/files/materials/12/Initial_Discovery_Protocols_FLSA_Jan_2018.pdf