Local Rule LR 40.1: TRIAL DATES AND FINAL PRETRIAL PREPARATION

LR 40.1 TRIAL DATES AND FINAL PRETRIAL PREPARATION

(a) Establishment of Trial Date. While the case is in discovery, the clerk shall establish a trial date and give at least 4 months' notice thereof to the parties. The case may be set on a trial calendar of the assigned Judge or placed on a master calendar to be called by one or more District Judges. A Magistrate Judge may assist with the master calendar, although no case may be referred to the Magistrate Judge for trial unless the parties consent to the Magistrate Judge's trial jurisdiction.

(b) Continuance of Trial. The Court will consider a request to continue a trial date only if the request is personally signed by both the party and counsel for the party.

(c) Final Pretrial Preparation. The parties shall comply in all respects with Fed.R.Civ.P. 26(a)(3) regarding final pretrial disclosures, including the time requirements set out therein. Additionally, no later than 21 days before trial, each party shall file a trial brief, along with proposed instructions on the issues (jury cases) or findings of fact and conclusions of law (non-jury cases). Except with the Court's prior permission, trial briefs must not exceed 6,250 words or 20 pages in the manner specified in LR 7.3(d). Any party, or the Court on its own motion, may request a pretrial hearing or telephone conference to address matters relating to final pretrial preparation or settlement of the case. At any settlement conference, the Court may require the attendance of parties and insurers.

(d) Sealing Exhibits or Trial Testimony and Closing the Courtroom. The Court will not close the courtroom during the testimony of a witness, seal the testimony of witnesses, or seal exhibits admitted at trial in whole or in part, including documents previously filed under seal, except in accordance with this Rule. As to any material, item, or testimony that a party believes is likely to be offered at trial, a written motion to seal must be filed. Before filing such a motion, the moving party must:

(1) Identify in its pretrial disclosures under Rule 26(a)(3) of the Federal Rules of Civil Procedure any witness testimony, trial exhibits, or parts of trial exhibits that it wishes to have sealed at trial;

(2) Identify in its objections to pretrial disclosures under Rule 26(a)(3) of the Federal Rules of Civil Procedure any witness testimony, trial exhibits, or parts of trial exhibits identified by any other party that it wishes to have sealed at trial; and

(3) Promptly meet and confer with all other concerned parties in a good-faith effort to narrow the issues related to sealing that will be presented to the Court for review and consideration and to discuss the likelihood that an exhibit will be used at trial. The parties are encouraged to identify confidential but immaterial portions of an exhibit that can be redacted to allow the exhibit to be entered into evidence without sealing.

The motion to seal must be filed at least 7 days before trial and be accompanied by supporting evidence and a brief, which may be filed under seal. The motion or brief must summarize the substance of the meet and confer process and state the parties' positions about the likelihood that the testimony or exhibit(s) will be offered or used at trial. The movant must notify the case manager for the trial judge at or before the time the motion is filed, by e-mail to the Trial Judge's ECF mailbox. At least 3 days before the scheduled trial date, any other party may, but is not required to, file a response. No reply briefs are allowed.

The parties are discouraged, but not prohibited, from filing motions under this Rule as to exhibits or testimony that both parties believe are unlikely to be offered or used at trial. As to such testimony or exhibits, the parties may alert the court during a pretrial conference or at the start of the trial that there is evidence which, if offered or used, a party believes should be under seal.