UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION, AT DAYTON

STANDING ORDER GOVERNING CIVIL CASES

Effective as of December 18, 2023

Notice to counsel: New Requirement for Joint Proposed Final Pretrial

Conference Orders Effective as of December 18, 2023

Notice to counsel: New AI Provision Effective as of July 14, 2023

Hon. Michael J. Newman

United States District Judge

Walter H. Rice Federal Building & U.S. Courthouse

200 West Second Street, Room 505

Dayton, Ohio 45402

newman_chambers@ohsd.uscourts.gov

Courtroom Deputy/Judicial Assistant:

Claire McDowell

(937) 512-1640

claire_mcdowell@ohsd.uscourts.gov

Court Reporter:

Julie Hohenstein

(937) 512-1639

julie_hohenstein@ohsd.uscourts.gov

TABLE OF CONTENTS

I. GENERAL PROVISIONS ...................................................................................................... 1

a. Local Rules ............................................................................................................ 1

b. Conflicting General Orders ................................................................................. 1

II. PRETRIAL PROCEDURES ................................................................................................... 1

a. Preliminary Pretrial Conference ......................................................................... 1

b. Rule 26(f) Conference and Report....................................................................... 2

c. Scheduling Order .................................................................................................. 4

III. MAGISTRATE JUDGE PRACTICE .................................................................................... 4

a. Assignment............................................................................................................. 4

b. Reference ............................................................................................................... 4

c. Consent................................................................................................................... 5

IV. DISCOVERY ............................................................................................................................ 5

a. The Discovery Deadline ........................................................................................ 5

b. Discovery Disputes and Associated Motion Practice ......................................... 6

c. Depositions in Lieu of Trial Testimony ............................................................... 6

d. Protective Orders Governing Confidential Information in Discovery ............ 6

e. Inadvertent Disclosure.......................................................................................... 7

V. MOTION PRACTICE ............................................................................................................. 7

a. Memoranda in Support ........................................................................................ 7

b. Motion Filing Deadlines ....................................................................................... 7

c. Evidence in Support .............................................................................................. 8

d. Page Limitations and Formatting...................................................................... 10

e. Impact on Court Discovery ................................................................................ 10

f. Hearings and Oral Argument ............................................................................ 11

g. Courtesy Copies .................................................................................................. 11

VI. ARTIFICIAL INTELLIGENCE (“AI”) PROVISION....................................................... 11

VII. MEDIATION .......................................................................................................................... 12

VIII. TRIAL, ASSOCIATED CONFERENCES AND DEADLINES ........................................ 12

a. Final Pretrial Conference ................................................................................... 12

b. Joint Proposed Final Pretrial Order ................................................................. 12

c. Exhibits ................................................................................................................ 14

d. Jury Instructions ................................................................................................. 15

e. Motions in Limine ............................................................................................... 16

f. Daubert Motions .................................................................................................. 16

g. Depositions ........................................................................................................... 17

h. Trial Briefs ........................................................................................................... 17

i. Courtroom Practice ............................................................................................ 18

IX. APPENDICES ......................................................................................................................... 21

I. GENERAL PROVISIONS

a. Local Rules

The Local Civil Rules of the United States District Court for the Southern

District of Ohio, including the Introductory Statement on Civility, shall be strictly

adhered to by all parties and counsel appearing before the undersigned and will be

strictly enforced by the Court. The Court reserves the right to sanction counsel who

violate the Local Rules or Civility Statement.

b. Conflicting General Orders

This Standing Order replaces Dayton General Order No. 12-01 for all civil cases

assigned to the undersigned. On or after the effective date of this Standing Order,

all counsel of record are charged with knowledge of the procedures and

requirements contained herein.

II. PRETRIAL PROCEDURES

a. Preliminary Pretrial Conference

The assigned magistrate judge will generally set a pretrial scheduling conference to

occur by telephone within 45 days after all parties have appeared in an action.

i. Participation

All pro se parties must participate in the preliminary pretrial conference.

Parties represented by counsel need only appear at the preliminary pretrial

conference through their “trial attorney” (defined in S.D. Ohio Civ. R.

83.4(a)).

Co-counsel for any party may also participate in the preliminary

pretrial conference, but a party’s “trial attorney” is required to participate.

ii. Subject Matter

During the preliminary pretrial conference, the assigned magistrate judge

will discuss the contents of the Rule 26(f) report, including the dates and

deadlines proposed by the parties; the parties’ discovery plan; the need for

issuance of a protective order governing the exchange of confidential

information; the status of settlement negotiations; and whether the parties

seek to engage in mediation or other alternative dispute resolution (“ADR”)

mechanism.

b. Rule 26(f) Conference and Report

Prior to the preliminary pretrial conference, the parties shall confer as required by

Fed. R. Civ. P. 26(f) and jointly prepare a Rule 26(f) report for filing.

i. Trial Date

Trial in a civil case will generally not be set to commence any sooner than

5 months after the dispositive motion deadline.

“Unless otherwise ordered, in all actions filed in, transferred to, or removed to this Court, all parties other

than pro se parties must be represented at all times by a ‘trial attorney’ who is a permanent member in good

standing of the bar of this Court. Each filing made on behalf of such parties shall identify and be signed by

the trial attorney. The trial attorney shall attend all hearings, conferences, and the trial itself unless excused

by the Court from doing so. Admission pro hac vice does not entitle an attorney to appear as a party’s trial

attorney, but the Court may, in its discretion and upon motion that shows good cause, permit an attorney

who has been so admitted to act as a trial attorney.” S.D. Ohio Civ. R. 83.4(a).

ii. Discovery Plan

In formulating a discovery plan, the parties shall consider the need for a

protective order governing the exchange and use of confidential information

during the discovery phase of the case.

iii. Filing

The Rule 26(f) report of the parties shall be filed at least 7 days prior to the

date of the pretrial scheduling conference.

iv. Binding Nature of the Rule 26(f) report

In the absence of objection by any party, the Court will generally adopt in a

Scheduling Order the following deadlines jointly proposed by the parties in

the Rule 26(f) report: amending the pleadings; adding/joining additional

parties; filing motions directed to the pleadings (i.e., motions to dismiss or

for judgment on the pleadings); disclosing lay and expert witnesses;

completing discovery; and filing dispositive motions. Unless otherwise

stated in the Court’s Scheduling Order, the dates jointly proposed by the

parties in the Rule 26(f) report shall govern the action and the parties are

bound by the discovery plan and other agreements set forth in the Rule 26(f)

report.

v. Form

A form Rule 26(f) report is attached in Appendix A to this Standing Order.

c. Scheduling Order

A Scheduling Order will promptly issue after the preliminary pretrial

conference and shall, upon issuance, govern the case. No deadline set in

the Scheduling Order shall be extended, amended, or continued in the

absence of a Court Order issued upon good cause shown. In other words,

even if all parties agree, a Court Order is nevertheless required to extend,

amend, or continue any deadline set in the Scheduling Order. To seek

amendment of deadlines, counsel or pro se litigants must file a motion to

amend and comply with all provisions of the Local Rules. See S.D. Ohio

Civ. R. 7.2 and 7.3.

III. MAGISTRATE JUDGE PRACTICE

a. Assignment

All civil cases, upon filing, are assigned by the Clerk to a district judge and a

magistrate judge.

b. Reference

All civil cases assigned to the undersigned, upon filing, are hereby referred by this

Standing Order to a magistrate judge pursuant to 28 U.S.C. §§ 636(b)(1)(A), (B),

and (C) and § 636(b)(3). Unless otherwise ordered,

the magistrate judge is

authorized to perform any and all functions authorized for full-time United States

Certain categories of cases are referred to the United States magistrate judge to perform any and all

functions authorized for full-time magistrate judges by statute. See Dayton General Order, No. 22-01

(S.D. Ohio Jan. 28, 2022). These cases include, inter alia, IRS summonses, government loans, Miller Act

cases, pro se cases, post-conviction relief matters, Social Security disability appeals, and all post-judgment

proceedings in aid of execution. Id. In addition, other cases may be referred for full disposition upon the

unanimous consent of the parties. See 28 U.S.C.§ 636(c); see also infra § III(c).

magistrate judges by statute except that, unless specifically ordered, the following

motions are not referred, regardless of when they may be filed: (1) motions for

temporary restraining order or preliminary injunction; (2) motions to dismiss, for

judgment on the pleadings, or for summary judgment; (3) motions for class

certification; (4) motions in limine; and (5) motions for default judgment.

c. Consent

A United States magistrate judge of this court is available to conduct all

proceedings in a civil action (including a jury or nonjury trial) and to order the entry

of a final judgment (a judgment that may then be appealed directly to the United

States Court of Appeals for the Sixth Circuit). A magistrate judge may exercise

this authority only if all parties voluntarily consent. You may consent to have your

case referred to a magistrate judge, or you may withhold your consent without

adverse substantive consequences. Pro se litigants and counsel may consent at any

time during the litigation so long as trial has not yet begun.

If all parties consent to the jurisdiction of the magistrate judge, they shall so advise

the Clerk of Court by signing and jointly submitting to the Clerk Form AO 85,

which is attached to this Standing Order at Appendix B.

IV. DISCOVERY

a. The Discovery Deadline

No discovery from any source shall be requested or received, or any depositions

occur, after the discovery deadline. All discovery must be completed, not just

requested, by the discovery deadline. For such discovery to occur, the requesting

party must seek leave of court to amend the discovery deadline for that limited

purpose. The Court may disregard -- on summary judgment, at trial, or otherwise

-- any information or documents obtained, received, or produced after the discovery

deadline.

b. Discovery Disputes and Associated Motion Practice

The parties may jointly request an informal discovery dispute conference with the

assigned magistrate judge only after exhausting all extrajudicial means

to resolve

the dispute. See S.D. Ohio Civ. R. 37.1. In the absence of extraordinary

circumstances, no discovery motion -- such as a motion to compel or a motion for

a protective order (except for a joint motion for entry of a proposed protective

order) -- shall be filed in a case assigned to the undersigned until the parties have

participated in an informal discovery dispute conference as set forth in S.D. Ohio

Civ. R. 37.1.

c. Depositions in Lieu of Trial Testimony

After the discovery deadline, a party may take a deposition for use at trial in lieu of

live testimony only if leave of court is granted.

d. Protective Orders Governing Confidential Information in Discovery

Where the parties believe that a protective order is needed to govern the exchange

and use of confidential information during the discovery phase of the case, the

parties shall confer to negotiate the terms of such an order for the Court’s approval.

The undersigned interprets the phrase “all extrajudicial means” to require both telephonic and written

communication between the parties.

To obtain Court approval, the parties shall jointly file a motion for the entry a joint

protective order and attach the joint proposed protective order thereto. In addition,

the parties shall email the joint proposed protective order to the undersigned’s

chambers and the chambers of the assigned magistrate judge. In negotiating the

terms of the protective order, the parties shall be familiar with Sixth Circuit case

law, including Shane Group, Inc. v. Blue Cross Blue Shield of Mich., 825 F.3d 299

(6th Cir. 2016). Form protective orders are available on the Court’s website.

e. Inadvertent Disclosure

Pursuant to Evidence Rule 502(d), an inadvertent disclosure of a communication or

information covered by the attorney-client privilege or work-product protection

made in connection with this litigation shall not constitute a waiver of that privilege

or protection in this or any other federal or state proceeding.

V. MOTION PRACTICE

a. Memoranda in Support

Memoranda in support of a motion shall be appended directly to the motion and

shall not be filed separately on the Court’s CM/ECF docketing system.

b. Motion Filing Deadlines

Motions filed under Fed. R. Civ. P. 12 and 56 before the undersigned shall be

briefed in the following manner: Plaintiff’s memorandum in opposition is due

within 21 days of the filing of the motion to dismiss; the movant’s reply

memorandum is due within 14 days of the filing of the opposition memorandum.

All other motion, unless otherwise ordered, shall follow the same timeline.

c. Evidence in Support

The Court prefers that, to the extent practicable, all evidence used in support of a

motion shall be filed on the Court’s CM/ECF system before the motion is filed.

Citations to evidence shall reference the case-specific document number and

PageID number (e.g., Doc. No. 50 at PageID 123) where the evidence cited is

located within the record.

i. Depositions

Deposition transcripts referred to or relied upon in support of or in

opposition to a motion shall be filed with the Court. When filing deposition

transcripts, the parties shall file the full transcript in a condensed format.

All deposition transcripts filed with the Clerk must include a signature page

and statement of changes in form or substance made by the witness pursuant

to Fed. R. Civ. P. 30(e) and the certificate described in Fed. R. Civ. P. 30(f).

ii. Confidential Information as Evidence

Except where impractical to do so, a party seeking to support a motion with

information deemed “confidential” or otherwise protected by the terms of a

protective order must, sufficiently in advance of date upon which the party

seeks to file such information with the Court, confer with the party or parties

designating the information confidential or otherwise protected by the terms

of a protective order to determine whether it is appropriate to file a motion

for leave to file that information under seal.

iii. Filing Evidence Under Seal

Leave of court is required before a party may file evidence on the Court’s

docket under seal. This includes information deemed “confidential” or

otherwise protected by the terms of a protective order. When moving for

leave to file information under seal, the moving party shall be familiar with

the standards set by the Sixth Circuit, including Shane Group. The Court

anticipates that motions for leave to file documents under seal will be

accompanied by: (1) a memorandum explaining, with legal citations, why

the proposed seal is no broader than necessary; and (2) an affidavit

demonstrating compliance with Shane Group and its progeny.

Any Order denying a motion to seal or denying a motion for continued

sealing will be stayed for a period of 14 days after entry of the Order during

which an appropriate appeal from the Order may be filed or during which

all or part of the material filed under seal may be withdrawn before it

becomes a part of the public record. If an appeal is filed, the subject Order

will remain stayed until the appeal is determined and, if the Order is

affirmed, in whole or in part, the Order will remain stayed for an additional

14 days after the entry of the appellate ruling during which all or part of the

material filed under seal may be withdrawn before it becomes a part of the

public record.

iv. The Same Evidence Should be Filed Once

To the extent practicable, the parties should refrain from filing the same

evidence multiple times on the Court’s docket. For example, if the

transcript of a deposition is filed as Document #20 on the docket in support

of a motion to compel, that same deposition should not be separately filed

again to support a later-filed motion for summary judgment; instead, the

party should simply cite Doc. 20 and the appropriate PageID in the motion

for summary judgment. Similarly, if defendant cites a contract governing

the relationship between the parties and files such contract as an exhibit in

support of a motion for summary judgment, plaintiff should not again file

the same contract as an exhibit to the memorandum in opposition; instead,

plaintiff should simply cite to the contract filed by defendant.

d. Page Limitations and Formatting

While the Court prefers that memoranda not exceed the 20-page limitation set forth

in S.D. Ohio Civ. R. 7.2(a)(4), leave of court is not required to file a memorandum

exceeding that page limitation. However, parties filing memoranda exceeding 20

pages in length shall comply with all other requirements of S.D. Ohio Civ. R.

7.2(a)(4).

All briefs and memoranda shall comport with the following specifications: (1) one-

inch margins on all sides; (2) main body of the text in 12-point, Times New Roman

font; (3) footnote text in at least10-point font in the same typeface as the main body

of the text; and (4) citations in the main body of the text, not footnotes.

e. Impact on Court Discovery

Unless otherwise expressly ordered by the Court, discovery is not stayed, extended,

continued, or tolled by the filing of any motion or while any dispositive motion

remains pending on the docket awaiting decision. For example: the filing of a

motion for judgment on the pleadings or the pendency of a motion to dismiss does

not stay or toll the discovery deadline pending a decision on the motion.

f. Hearings and Oral Argument

Unless required by law or otherwise ordered by the Court, all motions will be

decided on the parties’ written submissions filed in accordance with S.D. Ohio Civ.

R. 7.2. The parties may request oral argument or a hearing on any motion by

following the procedure set forth in S.D. Ohio Civ. R. 7.1(b).

g. Courtesy Copies

Unless requested by the Court, the parties need not provide the Court with courtesy

copies of any motion or memorandum.

VI. ARTIFICIAL INTELLIGENCE (“AI”) PROVISION

No attorney for a party, or a pro se party, may use Artificial Intelligence (“AI”) in

the preparation of any filing submitted to the Court. Parties and their counsel who

violate this AI ban may face sanctions including, inter alia, striking the pleading

from the record, the imposition of economic sanctions or contempt, and dismissal

of the lawsuit. The Court does not intend this AI ban to apply to information

gathered from legal search engines, such as Westlaw or LexisNexis, or Internet

search engines, such as Google or Bing. All parties and their counsel have a duty

to immediately inform the Court if they discover the use of AI in any document

filed in their case.

VII. MEDIATION

Mediations are conducted by the Dayton magistrate judge not otherwise assigned

to the case. To schedule a mediation, counsel should contact Judge Newman’s

Courtroom Deputy directly, not the magistrate judge’s chambers.

VIII. TRIAL, ASSOCIATED CONFERENCES AND DEADLINES

a. Final Pretrial Conference

The date for the final pretrial conference will generally be set forth in the

Scheduling Order issued at the outset of the case and will typically occur

approximately 14 days or more prior to trial. The trial attorney and all co-counsel

who intend to participate at trial shall attend the final pretrial conference. The Court

reserves the right to bar from trial all counsel who fail to attend the final pretrial

conference in person.

b. Joint Proposed Final Pretrial Order

No later than 7 days before the final pretrial conference, the parties shall file a joint

proposed final pretrial order using the form attached hereto in Appendix C. A copy

of the joint proposed final pretrial order shall also be emailed to the undersigned’s

chambers.

i. Procedures for Preparing the Joint Proposed Final Pretrial Order

During the parties’ preparation of the joint proposed final pretrial order,

counsel shall discuss and agree to the maximum number of trial days it will

take to submit the case to the jury or, in bench trials, to the Court. In the

event the Court has bifurcated any claims or issues, counsel shall discuss

and agree to the maximum number of trial days it will take to submit each

bifurcated stage of the case to the jury or, in bench trials, to the Court.

Absent extraordinary circumstances or a showing of substantial prejudice,

trial will not last longer than the maximum number of days agreed to by the

parties in the Joint Final Pretrial Order.

Unless otherwise ordered by the Court or agreed to by the parties, the

following procedure applies to the parties’ preparation of the joint proposed

final pretrial order:

1. Plaintiff shall prepare and deliver to each defendant a first draft

of the joint proposed final pretrial order no later than 14 days prior

to the filing deadline (without the information which is within the

knowledge of defendants, such as lists of witnesses, exhibits, etc.);

2. Defendant must add all information necessary to complete a

second draft of the joint proposed final pretrial order, clearly

delineating the text which has been changed or added, and deliver

the second draft to plaintiff(s) no later than 7 days prior to the filing

deadline;

3. Following delivery of the second draft of the joint proposed final

pretrial order, the parties shall confer and, thereafter, file and submit

the joint proposed final pretrial order to the Court as set forth above.

ii. Sanctions

Failure to timely file the joint proposed final pretrial order as required may

result in the continuance of the final pretrial conference and trial. Further,

the failure to timely file the joint proposed final pretrial order may result in

the issuance of sanctions, including the dismissal of a case for failure to

prosecute.

iii. Entry of the Final Pretrial Order

Following the final pretrial conference, the Court will promptly enter the

final pretrial order with any changes thereto on the Court’s docket.

c. Exhibits

Exhibits shall be marked with sequential numerals as follows: joint exhibits shall

be designated by its sequential number, e.g., JX1, JX2. Plaintiff’s exhibits shall be

designated PX followed by its sequential number, e.g., PX1, PX2. Defendant’s

exhibits shall be designated DX followed by its alphabetically sequential letter e.g.,

DXA, DXB. In cases involving multiple plaintiffs and/or defendants, questions

regarding how to properly mark exhibits will be discussed during the final pretrial

conference

i. Exchange Between the Parties

Unless otherwise ordered, all exhibits shall be marked and copies of such

delivered to all other parties no later than 3 business days before the final

pretrial conference.

ii. Court Copies

A hard copy of all exhibits shall be provided to the undersigned’s

Courtroom Deputy at least 3 business days prior to trial. To the extent

possible, an electronic copy of all exhibits shall also be provided to the

Court. If the parties are unable to provide the Court with electronic copies,

2 additional hard copies must be given to the undersigned’s Courtroom

Deputy at the time set forth above.

iii. Demonstratives

Sketches, models, diagrams, videos, PowerPoints, or any other

demonstrative exhibit that will be used at trial for any purpose must be

exhibited to all other parties no later than the final pretrial conference.

iv. Display of Exhibits at Trial

Unless admitted into evidence, no exhibit can be displayed to the jury

without Court approval.

v. Admission into Evidence

The admissibility of all exhibits referred to during trial and offered by the

parties, other than those examined by the jury, will be ruled upon by the

Court, at the latest, prior to that party's resting. Either side may offer any

marked exhibit, regardless of which party marked it. There is no

requirement that counsel object to any exhibit at the final pretrial

conference.

d. Jury Instructions

Proposed jury instructions and verdict forms must be filed 7 days or more before

the final pretrial conference. In addition, a Word version of each parties’ proposed

jury instructions shall be emailed to chambers at

[email protected]. As filed, they shall be formatted so that

each instruction can be printed on a separate 8.5" x 11" sheet of paper identified as

“Plaintiff(s) (Defendant(s)) Requested Instruction No. __.” Each instruction must

contain a citation of authority upon which counsel relies.

i. Citation to Authority

The Court uses as sources for its instructions O’Malley, Grenig, and Lee’s

FEDERAL JURY PRACTICE AND INSTRUCTIONS; OHIO JURY INSTRUCTIONS;

the Sixth Circuit Pattern Jury Instructions; Pattern Instructions from other

circuit courts; and instructions given in prior cases of a similar nature.

ii. Agreed Statement of the Case

The parties are required to confer and submit an agreed statement of the

case to the undersigned’s chambers via email

([email protected]) 7 days or more before trial.

e. Motions in Limine

Unless otherwise ordered, all motions in limine, directed to the presentation

of evidence at trial, must be filed not later than 14 days prior to the final

pretrial conference. Memoranda in opposition to motions in limine shall be

filed no later than 7 days prior to the final pretrial conference. The failure

to file a motion in limine does not waive any argument regarding the

admissibility of evidence at trial.

f. Daubert Motions

The parties are encouraged to file Daubert motions simultaneously to their

motions for summary judgment. If so filed, the opposing party will have 21

days to respond. No replies are permitted without leave of Court.

Any motion in limine addressed to the admissibility of expert testimony

under Daubert, if not included in a previously filed motion for summary

judgment, must be filed at least 30 days before the Final Pretrial

Conference. Responses to such motions must be filed no later than 23 days

before the Final Pretrial Conference. No replies are permitted without leave

of Court.

g. Depositions

Counsel will specify in the joint proposed final pretrial order those portions of any

deposition which will be read or played at trial in lieu of live testimony. The

deposition itself must be filed with the Clerk not later than the date of the final

pretrial conference. Opposing counsel will note objections to any portion of the

deposition in advance of the trial, and the Court will rule on the objections either

prior to the commencement of the trial or, at the latest, prior to the reading or

playing of the deposition in open court.

Video presentations must include a method for cutting off either sound or the entire

picture from the jury in situations where the Court must rule on objections to

testimony. In addition to the video record itself, a typewritten transcript must be

provided to the Court and opposing counsel as an aid in following the videotape

presentation and in ruling upon any objections.

Any deposition to be used solely for impeachment must be filed with the Clerk

prior to the final pretrial conference.

h. Trial Briefs

Trial briefs, if desired by counsel or ordered by the Court, must be filed and served

7 days or more before trial. All briefs shall comply with S. D. Ohio Civ. R. 5.1,

with citations and references conforming to S. D. Ohio Civ. R. 7.2(b) and the style

requirements for memoranda set forth in this General Order. Counsel should use

their trial briefs to instruct the Court in advance of trial in any area of law upon

which counsel will rely at trial. Therefore, the briefs should contain arguments,

with citations to legal authority, in support of any evidentiary or other legal

questions which may reasonably be anticipated to arise at trial.

i. Courtroom Practice

Conduct of counsel during the trial of cases will be governed by the following:

i. Counsel Tables

The plaintiff in all civil cases, and the United States Government in criminal

cases, will occupy the counsel table nearest the jury. Defendants in both

civil and criminal cases will occupy the counsel table furthest from the jury.

ii. Court Sessions

Trials will usually start at 9:00 a.m. The morning session will continue until

approximately noon. There will be a morning recess of approximately 15

minutes at an approximately 10:30 a.m. The afternoon session will start

one hour after the end of the morning session unless otherwise announced.

The afternoon session will usually end at approximately 4:30 p.m. A recess

of 15 minutes will occur at approximately 3 p.m. It is expected that the

parties and all counsel will be available at least 15-20 minutes prior to the

beginning of the morning and afternoon sessions.

iii. Voir Dire

For voir dire, the Court will generally ask initial questions of the entire

panel first and will then allow counsel for the parties to ask follow-up

questions.

Following questioning, the Court will entertain “for cause”

challenges and peremptory challenges. The parties shall each have 3

peremptory challenges and may request additional peremptory challenges

during the final pretrial conference.

iv. Size of the Jury

The Court will seat a jury of 8 in civil cases with a requirement of unanimity,

unless otherwise ordered in the final pretrial order.

v. Courtroom Demeanor

Counsel should consult with Judge Newman at the final pretrial conference

regarding the judge’s preference as to requesting permission to approach a

witness.

Presenting Exhibits to Witnesses. Since all evidence will have

been previously deposited with the Courtroom Deputy, counsel

should request the Courtroom Deputy to hand specific documents to

the witness. Documents intended for impeachment purposes which

are not admitted into evidence will be handed to the Courtroom

Deputy for suitable marking and then handed to the witness.

For a list of sample questions, see infra Appendix D.

Comments by Counsel. Counsel should address any comments to

the Court and not to opposing counsel.

Objections. Counsel shall not make speaking objections and are

not to argue objections in the hearing of the jury.

vi. Jury Charge Conference

The Court will hold a conference with counsel, in chambers and on the

record, prior to the final argument in jury cases for the following purposes

(1) counsel may be heard on proposed jury charges presented by either side

and/or on the tentative charges submitted by the Court (counsels’ attention

is directed to Fed. R. Civ. P. 51); and (2) the Court will determine the length

of the summations to the jury.

IT IS SO ORDERED.

December 14, 2023 s/Michael J. Newman

Hon. Michael J. Newman

United States District Judge

IX. APPENDICES

The following forms are available for the parties to use throughout the course of litigation:

1. Appendix A: Fed. R. Civ. P. 26(f) Order

2. Appendix B: Form AO85 for Unanimous Consent to Magistrate Judge

Jurisdiction

3. Appendix C: Joint Proposed Final Pretrial Order

4. Appendix D: Sample Voir Dire Questions

Appendix A

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION AT DAYTON

_________________________________ :

Case No.

Plaintiff(s), :

District Judge ___________________

Magistrate Judge _________________

vs. :

RULE 26(f) REPORT OF PARTIES

_________________________________ : (to be filed not later than seven (7)

days prior to the preliminary

Defendant(s). : pretrial conference)

1. Pursuant to Fed. R. Civ. P. 26(f), a meeting was held on ____________________,

and was attended by:

_______________________________, counsel for plaintiff(s) ___________________________

_______________________________, counsel for defendant(s) __________________________

2. The parties:

____ have provided the pre-discovery disclosures required by Fed. R. Civ. P. 26(a)(1),

including a medical package (if applicable).

____ will exchange such disclosures by _____________________________________.

____ are exempt from disclosure under Fed. R. Civ. P. 26(a)(1)(E).

3. The parties:

____ unanimously consent to the jurisdiction of the United States Magistrate Judge

pursuant to 28 U.S.C. § 636(c).

____ do not unanimously consent to the jurisdiction of the United States Magistrate

Judge pursuant to 28 U.S.C. § 636 (c).

____ unanimously give contingent consent to the jurisdiction of the United States

Magistrate Judge pursuant to 28 U.S.C. § 636(c), for trial purposes only, in the

event that the assigned District Judge is unavailable on the date set for trial (e.g.,

because of other trial settings, civil or criminal).

4. Recommended cut-off date for filing of motions directed to the pleadings:

________________________________________________________________

5. Recommended cut-off date for filing any motion to amend the pleadings and/or to

add additional parties: ______________________________________________

6. Recommended discovery plan:

a. Describe the subjects on which discovery is to be sought and the nature, extent

and scope of discovery that each party needs to: (1) make a settlement evaluation,

(2) prepare for case dispositive motions and (3) prepare for trial:

________________________________________________________________

b. What changes should be made, if any, in the limitations on discovery imposed

under the Federal Rules of Civil Procedure or the local rules of this Court,

including the limitations to 40 interrogatories/requests for admissions and the

limitation of 10 depositions, each lasting no more than one day consisting of

seven (7) hours?

________________________________________________________________

c. Additional recommended limitations on discovery:

________________________________________________________________

d. Recommended date for disclosure of lay witnesses.

________________________________________________________________

e. Describe the areas in which expert testimony is expected and indicate whether

each expert has been or will be specifically retained within the meaning of Fed. R.

Civ. P. 26(a)(2).

________________________________________________________________

f. Recommended date for making primary expert designations:

________________________________________________________________

g. Recommended date for making rebuttal expert designations:

________________________________________________________________

h. The parties have electronically stored information in the following formats:

______________________________________________________________

The case presents the following issues relating to disclosure or discovery of

electronically stored information, including the form or forms in which it should

be produced:

________________________________________________________________

i. The case presents the following issues relating to claims of privilege or of

protection as trial preparation materials:

________________________________________________________________

Have the parties agreed on a procedure to assert such claims AFTER production?

______ No

______ Yes

______ Yes, and the parties ask that the Court include their

agreement in an order.

j. Recommended discovery cut-off date: _______________________________

6. Recommended dispositive motion date: ________________________________

7. Recommended date for status conference (if any): ________________________

8. Suggestions as to type and timing of efforts at Alternative Dispute Resolution:

________________________________________________________________

9. Recommended date for a final pretrial conference: _______________________

10. Has a settlement demand been made? __________ A response? ____________

Date by which a settlement demand can be made: _________________________

Date by which a response can be made: _________________________________

11. Other matters pertinent to scheduling or management of this litigation:

________________________________________________________________

Signatures:

Attorney for Plaintiff(s): Attorney for Defendant(s)

____________________________________ __________________________________

Ohio Bar # Ohio Bar #

Trial Attorney for Trial Attorney for

____________________________________ __________________________________

Ohio Bar # Ohio Bar #

Trial Attorney for Trial Attorney for

____________________________________ __________________________________

Ohio Bar # Ohio Bar #

Trial Attorney for Trial Attorney for

____________________________________ __________________________________

Ohio Bar # Ohio Bar #

Trial Attorney for Trial Attorney for

Appendix B

AO 85 (Rev. 02/17) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge

UNITED STATES DISTRICT COURT

for the

__________ District of __________

)

Plaintiff

v. Civil Action No.

Defendant

NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE

Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct

all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment

may then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge

may exercise this authority only if all parties voluntarily consent.

You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse

substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise

be involved with your case.

Consent to a magistrate judge’s authority. The following parties consent to have a United States magistrate judge

conduct all proceedings in this case including trial, the entry of final judgment, and all post-trial proceedings.

Printed names of parties and attorneys

ignatures of parties or attorneys Dates

Reference Order

IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and

order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73.

Date:

District Judge’s signature

Printed name and title

Note: Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States

magistrate judge. Do not return this form to a judge.

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Appendix C

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION AT DAYTON

Plaintiff(s)

vs. Case Number:

District Judge:

Defendant(s).

FINAL PRETRIAL ORDER

(A proposed final pretrial order following this form must be jointly prepared and filed not later

than the date set forth in the Preliminary Pretrial Conference Order.)

This action came before the Court at a final pretrial conference held on

at a.m./p.m., pursuant to Rule 16, Federal Rules of Civil Procedure.

APPEARANCES:

For Plaintiff(s):

For Defendant(s):

II.

NATURE OF ACTION AND JURISDICTION:

A. This is an action for

B. The jurisdiction of the Court is invoked under Title United States Code,

Section .

C. The subject matter jurisdiction of the Court (is) (is not) disputed. [If disputed,

state by which party and on what basis.]

III.

TRIAL INFORMATION:

A. The estimated length of trial is days.

B. Trial to has been set for .

IV.

AGREED STATEMENTS AND LISTS:

General Nature of the Claims of the Parties:

(1) PLAINTIFF CLAIMS: (suggested type of simple language)

“Plaintiff asserts in Count 1 a right of recovery for defendants’ negligence as follows:

“Plaintiff asserts in Count 2 a right of recovery for defendants’ wanton and willful misconduct as

follows:

“Plaintiff asserts in Count 3 a right to punitive damages and attorney fees for the following reasons:

(2) DEFENDANT CLAIMS: (suggested type of simple language)

Defendant denies liability as asserted in Counts for the following reasons:

Defendant as an affirmative defense asserts:

(3) ALL OTHER PARTIES’ CLAIMS

Uncontroverted Facts

Suggested Language:

“The following facts are established by admissions in the pleadings or by stipulations of counsel

(set forth and number uncontroverted or uncontested facts.)

Issues of Fact and Law

Suggested Language:

(1) “CONTESTED ISSUES OF FACT: The contested issues of fact remaining for decision are:

(list)”

(2) “CONTESTED ISSUES OF LAW: The contested issues of law in addition to those implicit in

the foregoing issues of fact, are: (set forth)

OR: There are no special issues of law reserved other than those implicit in the foregoing issues of

fact.”

If the parties are unable to agree on what the contes ted issues of fact or law are, their respective

contentions as to what the issues are shall be set forth separately and clearly labeled.

Witnesses

Suggested Language:

(1) “Plaintiff will call or will have available for testimony at trial those witnesses listed in

Appendix A hereof.”

(2) “Defendant will call or will have available for testimony at trial those Witnesses listed on

Appendix B hereof.”

(3) will call or will have available for testimony at trial those witnessed listed on

Appendix C hereof.”

(4) “The parties reserve the right to call rebuttal witnesses whose testimony could not reasonably

be anticipated without prior notice to opposing counsel.”

INSTRUCTIONS:

(1) A brief one or two sentence synopsis of the witnesses’ testimony must be given -- i.e., “Will

testify to pain and suffering,” “Will testify to lost profits, etc.”

(2) Leave to call additional witnesses may be granted by the Court in unusual situations on motion

with names, addresses, and an offer of proof of such witness’ testimony within twenty-four hours

after the need to call such witness becomes known.

(3) The witnesses need not be called in the order listed, but the witnesses to be called on the

succeeding day shall be disclosed to opposing counsel not later than the end of trial each day,

unless otherwise ordered.

Expert Witnesses

Suggested Language:

“Parties are limited to the following number of expert witnesses, including treating

physicians, whose names have been disclosed and reports furnished to the other side:

Plaintiff (a) Defendant(s)

Exhibits

The parties will offer as exhibits those items listed herein and numbered with Arabic

numerals as follows:

(1) Joint Exhibits -- Appendix D (marked “JX ”)

(2) Plaintiff Exhibits Appendix E (marked “PX ”)

(3) Defendant Exhibits Appendix F (marked “DX ”)

(4) Third-Party Exhibits -- appendix G (use Arabic numerals prefixed by initial

of party.

INSTRUCTIONS:

The above exhibits will be deposited with the Court’s Deputy Clerk not later than 4:00 p.m. on

the third working day prior to trial.

Depositions

Suggested Language:

“Testimony of the following witnesses will be offered by deposition (read or videorecorded)”; OR

“No testimony will be offered by deposition”

Discovery

Suggested Language:

“Discovery has been completed” OR

“The following provisions have been made for discovery.”

Pending Motions

Suggested Language:

“The following motions are pending at this time” OR

“There are no pending motions at this time.”

Miscellaneous orders

INSTRUCTIONS: Set forth any orders not properly includable elsewhere.

MODIFICATION

Suggested Language:

“This final pretrial order may be modified at the trial of this action, or prior thereto, to prevent

manifest injustice. Such modification may be made by application of counsel, or on motion of the

Court.”

VI.

SETTLEMENT EFFORTS

Suggested Language:

“The parties have made a good faith effort to negotiate a settlement,” or otherwise describe

the status of settlement negotiations.

VII.

TRIAL TO A JURY

PROPOSED INSTRUCTIONS ---

Suggested Language:

“The parties have submitted proposed jury instructions as required by Judge Michael J. Newman’s

Standing Order Governing Civil Cases.”

Counsel for Plaintiff(s)

Counsel for Defendant(s)

Approved following Final Pretrial Conference:

Hon. Michael

J. Newman

United States District Judge

Appendix D

VOIR DIRE QUESTIONS BY THE COURT

The Court will first conduct a preliminary examination, typically using questions such as the

following. After the Court has finished its examination of the jury panel, counsel may elect to supplement

the Court’s examination with questions that do not repeat, in substance, any question the Court already

has put to the panel.

I am now going to read the names of the parties and the witnesses that you may be hearing

from in this case. Please listen to the list carefully as I will be asking you whether you know any

of these people.

First, as I just told you, the Plaintiff is represented by . Seated at the counsel table with

is .

At the next table is the Defendant in this case . He [or she] is represented by

of .

The Plaintiff may call the following persons as witnesses:

The Defendant in this case may call the following persons as witnesses:

Is any panel member related by blood or marriage to any of the individuals that I have just named?

Are you personally acquainted with these persons, or do you have any knowledge of them, directly

or indirectly, through your social, business, or professional lives?

Has any panel member ever heard of or been involved with any of the following entities or

persons: [List any businesses or non-witness entities that will be important in this case.] Are any

of these names familiar to any panel member?

OUTLINE THE COUNTS IN THE COMPLAINT

Does any panel member have prior knowledge or information about the allegation(s) made against

the Defendant(s), which I have just explained to you? This includes knowledge gained from

personal contacts or from the media.

Follow-up Questions for Any Affirmative Responses:

From what source did you hear about this case (newspaper, TV, radio, conversation

with others)?

ii.

How many times did you hear or read about it?

iii.

Do you remember specifically what you heard or read?

iv.

Did what you heard or read cause you to have any feeling concerning the merits of

the parties’ claims?

Did what you heard or read cause you to have a favorable or an unfavorable

impression concerning the parties?

vi.

Do you today have any impression or even tentative opinion as to the probable outcome

of this case?

Does any panel member have any personal interest of any kind in this case, or in the Defendant(s)?

If any panel member has served as a juror in the federal or state court -- either in a civil or criminal

case -- and regardless of the outcome of such case(s), would your prior experience have any effect

or influence on your ability to serve as a fair and impartial juror in this case?

Does any panel member have any feeling -- thought -- inclination -- premonition -- prejudice

-- religious belief or persuasion -- or bias -- which might influence or interfere with your

full and impartial consideration and which might influence you either in favor of or against

either the Plaintiff or Defendant?

Is there any reason in your mind why you cannot hear and consider the evidence and render a

fair and impartial verdict?

Can you take the law as the Court instructs you, without any reservation whatsoever, and apply

the facts to the Court’s instructions on the law? If you cannot do this, please hold up your hand.

Do you recognize and accept the proposition that jurors are the sole judge of the facts and the

Court is the sole judge of the law? If you cannot do this, please hold up your hand.

10.

Has any panel member formed or expressed any opinion as to the liability of the

Defendant(s)?

11.

Does any panel member have:

Any transportation problem? For example, does anyone have difficulty getting to or

from the courthouse?

Any medical or disability problems, such as difficulty hearing, walking or seeing? Does

any other medical problem exist which could affect your service on the jury?

12.

The Court and counsel estimate this trial will last days. Does any panel member have any

immediate family or personal reason or situation which persuades you that you cannot serve

as a juror during this period and give your undivided attention to this case?

Finally, can any of you think of any matter that you should call to the Court’s attention that may have

some bearing on your qualifications as a juror, or that -- even to the slightest degree -- may prevent your

rendering a fair and impartial verdict based solely upon the evidence and my instructions as to the law?