General:At the case management conference, the parties should be prepared to enter into a case management order regarding time frames for discovery, expert reports, dispositive motions, etc. At the time of the CMC, the Court will consider whether the case is amenable to resolution through arbitration, mediation or other means of alternate dispute resolution. Counsel may participate in the case management conference and pre-trials by telephone with prior permission of the Court given at least seven days in advance of the CMC or pre-trial date. An attorney requesting permission to attend a CMC or pre-trial by telephone must first confirm whether or not opposing counsel would also like to attend by telephone. The attorney requesting telephone attendance is responsible for initiating the conference call with the Court and all interested parties. Personal appearance is required if the opposing party is not represented by counsel or has not been served with the summons and complaint.

Pre-Trials: The Judicial Staff attorney will conduct all case management conferences, unless the Court's involvement is specifically requested in advance. The Court's involvement in final pre-trials is anticipated. However, if the Court is unavailable, the parties may choose to proceed with the final pre-trial or reschedule. Persons with settlement authority are to be present at the final pre-trial. Requests for permission to attend the final pre-trial by telephone must be made by motion, filed seven days in advance.

Motion Practice: Parties must initiate a telephone conference with the Court before filing any discovery motion, i.e., motion to compel,.motion for protective order, motion to quash, etc.

Discovery: The parties may engage in Discovery up to the time of the final pre-trial, unless otherwise determined by the Court. Discovery deadlines may not be altered without prior permission of the Court.

Settlement Conference: The Court will conduct settlement conferences at the request of the parties. Parties and individuals with settlement authority must be present at all settlement conferences.

Calendaring and Continuances: The Court requires a motion or joint motion, filed no later than 14 days before trial, to continue any trial date. Requests to continue CMCs and pre-trials made less than 7 days in advance will only be considered in cases involving valid emergencies. Court imposed deadlines may not be altered without prior permission of the Court.

Trials: 7 days before trial parties should file and provide court with a copy of trial briefs, witness lists, exhibit lists, and requested, case specific jury instructions (no boilerplate). If available, an electronic copy of requested Jury instructions, in WORD or WORD PERFECT format, should be provided to the Court on disk or CD-ROM. All objections to videotape testimony should be presented one week prior to trial with a copy of the transcript and videotape. The Court will allow agreed upon exhibits during opening statements. Jurors may be allowed to take notes depending on case.

Default Judgements:  Before the Court will consider awarding damages pursuant to a Motion for Default Judgment, Plaintiff must provide an affidavit with documentation of expenses/losses incurred as a result of Defendant's conduct. If Plaintiff's action is based on non-payment of an installment loan or a revolving credit account, then Plaintiff must provide a copy of the signed agreement it seeks to enforce and/or a proper statement of account beginning from a zero sum balance. In cases involving personal injury, Plaintiff must provide the Court with a copy of all medical records and medical bills associated with the injury. Plaintiff is required to present testimony in support of claims for pain and suffering. A hearing date will be set for all default judgment motions. The Movant is required to send written notice of the date and time of the hearing to the party against whom action is taken. Movant must provide proof that notification letter was sent.

Judge's Recent Opinions