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Case 1 :05-cv-01034-RMU Document 5 Filed 08/08/2006 Page 1 of 5

UNITED STATES DISTRICT COURT
FOR THE District of Columbia

GEORGE A. SHORT

MICHAEL CHERTOFF

Case No.: l:05-cv-01034-RMU
Judge Ricardo M. Urbina

STANDING ORDER FOR CIVIL CASES

READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE.

It is the responsibility of both the attorneys and the court to secure the just, speedy, and inexpensive
determination of every action in federal court. Fed. R. Civ. P. 1. To ensure that this case is resolved fairly
and without undue cost or delay, the court directs all counsel to famiharize themselves with the Federal
Rules of Civil Procedure (particularly Federal Rules of Civil Procedure 16 and 26) and the Local Civil
Rules of this court. '

In order to administer this case in a manner consistent with the highest quality of justice, it is
ORDERED that the parties comply with the following requirements:

1 . SERVICE OF COMPLAINT & STANDING ORDER; REMOVED ACTIONS

The plaintiff must promptly serve the complaint on the defendant in accordance with Federal Rule
of Civil Procedure 4, file proof of service in accordance with Local Civil Rule 5.3, and ensure that
all parties receive a copy of this standing order. A defendant removing an action to this court must
refile as a supplement to the petition any answer or renotice any pending motion, and promptly
ensure that all parties receive a copy of this standing order.

2. GUIDELINES FOR SUBMISSIONS

The parties must ensure that motions and related submissions comply with Local Civil Rule 7. A
party filing or opposing a motion must include a proposed order setting forth the rehef or action
sought. Pursuant to Local Civil Rules 7(h) and 56.1, a party filing a motion for summary judgment
must include a statement of undisputed material facts, and a party filing an opposition thereto must
include a statement of disputed material facts. With regard to format, submissions should be
double-spaced, in 12-point Times Roman or Courier font, with page numbers and margins of no
less than 1 inch. All citations must include exact page references (pincites). Memoranda of points
and authorities in support of and in opposition to motions may not exceed 45 pages, and replies
may not exceed 25 pages.

3. COURTESY COPIES FOR CHAMBERS ^

Although the court generally does not accept courtesy copies, the parties must provide the court
with a courtesy copy of a submission that:

a. is more than 15 pages;

b. includes exhibits or attachments totaling more than 5 pages;

c. relates to apphcations for a preliminary injunction or temporary restraining order; or

d. relates to matters set for hearing within the next 7 business days. Before delivering the
courtesy copy to chambers, parties should file the original submission and, for
submissions relating to matters set for hearing, indicate the hearing date on the courtesy
copy and the delivery envelope.

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4. COMMUNICATIONS WITH CHAMBERS

Except as authorized in this order, the parties may not contact chambers by telephone. If
extraordinary circumstances or emergencies require it, however, counsel should contact chambers
jointly via conference call to avoid ex parte communications. Chambers may not provide legal
advice of any kind.

5 . MOTIONS FOR EXTENSION OF TIME

Because the parties should work within the time frames set by court order, the court strongly
discourages the filing of motions for extension of time. When good cause is present, however, the
court will consider motions for extension of time that:

a. are filed at least 4 business days prior to the deadline the motion is seeking to extend;
and

b. include:

i. the number of previous extensions of time granted;

ii. the good cause supporting the motion;

iii. a statement of the effect that the granting of the motion will have on existing

deadlines;
iv. for a motion that seeks to extend the deadline for a dispositive motion,

suggested deadlines (reached in consultation with the opposing party) for the

fihng of the opposition and reply; and
V. a statement of the opposing partys position on the motion.

6. MOTIONS TO RESCHEDULE A HEARING

Because the parties should work within the time frames set by court order, the court also strongly
discourages the filing of motions to reschedule a hearing. When good cause is present, however,
the court will consider a motion to reschedule that:

a. states the good cause supporting the motion;

b. states the opposing partys position on the motion; and

c. suggests 4 alternative dates and times that are convenient to both parties.

7. INITIAL STATUS CONFERENCE & SCHEDULING ORDER

The court will schedule an initial status conference after all defendants have answered the
complaint. At the initial status conference, the court will issue a scheduling order pursuant to
Federal Rule of Civil Procedure 16(b) and Local Civil Rule 16.4.

8. DUTY TO CONFER; LOCAL CIVIL RULE 16.3 REPORT ^

Pursuant to Federal Rule of Civil Procedure 26(f) and Local Civil Rule 16.3(a), the parties must
confer at least 21 days before the initial status conference. The parties must file the report required
by Local Civil Rule 16.3(d) at least 7 days before the initial status conference. Prior to addressing
the matters listed in Local Civil Rule 16.3(c), the report should provide a one-paragraph statement
of the case that describes the nature of the case, the identities of the parties, and the statutory basis
of the courts jurisdiction for all causes of action and defenses.

9. DISCOVERY DISPUTES

The court expects the parties to follow the requirements of Federal Rule of Civil Procedure 26 and
Local Civil Rule 26.2. Before bringing a discovery dispute to the courts attention, the parties must
confer in good faith in an attempt to resolve the dispute informally. If, in what should be the
unusual case, the parties are unable to resolve the dispute, they shall contact chambers to arrange
for a telephone conference with the court. Before filing a motion relating to a discovery dispute, a
party must obtain leave of the court. The court warns the parties that failure to follow these
requirements will result in sanctions. Moreover, if the court is called upon to resolve a
discovery-related motion, it will sanction the losing attorney (not the principal) pursuant to Federal
Rule of Civil Procedure 37(a)(4).

10 SETTLEMENT

The court expects the parties to evaluate their case for purposes of settlement and take steps

Case 1 :05-cv-01 034-RMU Document 5 Filed 08/08/2006 Page 3 of 5

accordingly. Toward that end, the parties may contact chambers to request mediation (via a
magistrate judge, a private mediator, or the courts mediation program), arbitration, early neutral
evaluation, summary jury trial, o^ any other form of alternative dispute resolution that may be
tailored to the needs of the case. If the case settles in whole or in part, the plaintiffs counsel must
promptly alert the court by telephone.

1 1 . JOINT PRETRIAL STATEMENT

Pursuant to Local Civil Rule 16.5(a) and (d)(5), the parties must file with the court a Joint Pretrial
Statement at least 10 business days before the pretrial conference. In accordance with Local Civil
Rule 16.5(b), the Joint Pretrial Statement must include:

a. a one-paragraph joint statement of the case that describes the nature of the case, the
identities of the parties, and the statutory basis of the courts jurisdiction for all causes of
action and defenses;

b. a statement of claims setting forth each claim a party has against any other party;

c. a statement of defenses setting forth each defense raised by a party to a claim asserted
against it;

d. a list of witnesses (including expert and rebuttal witnesses) to be called by each party,
accompanied by a brief description of each witness expected testimony, followed by
specific objections (if any) to each witness;

e. a list of exhibits, followed by numbered copies of the exhibits, that each party intends to
offer during trial (except that if the total number of pages exceeds 25, the parties should
submit the exhibits in a separate binder);

f. a designation of depositions or portions thereof, identified by page and line number, to
be offered in evidence by each party;

g. an itemization of damages setting forth each element of damages and the monetary
amount thereof (including prejudgment interest, punitive damages, and attorneys fees)
sought; and

h. a description of other relief sought by each party

Injury cases, the parties also must submit:

a. proposed voir dire questions that indicate:

i. the voir dire questions on which the parties agree; and

ii. the voir dire questions on which the parties disagree, with specific

objections noted below each disputed question and supporting legal

authority (if any);

b. a list of proposed jury instructions, followed by the text of each proposed instruction,
that indicates:

i. the instructions on which the parties agree;

ii. the instructions on which the parties disagree, with specific objections noted

below each disputed instruction and supporting legal authority (if any); and
iii. the proposed instructions source (e.g.. Standardized Civil Jury Instructions

for the District of Columbia) or, for modified or new instructions, their

supporting legal authority;

c. any motions in limine, with citations to legal authority, that the parties reasonably
anticipate will arise at trial, accompanied by any oppositions and replies thereto;

d. any stipulations, signed by each party; and

e. a proposed verdict form, as well as proposed special interrogatories (if any), that
includes a date and signature line for the jury foreperson.

The parties must submit to chambers both a printed and an electronic (computer disk) copy of the
Joint Pretrial Statement. With regard to format, the Joint Pretrial Statement should be
double-spaced, in 14-point Times Roman font, preferably in WordPerfect, with margins of no
less than 1 inch. The jury instructions section should be formatted so that each individual jury
instruction begins on a new page. Finally, the printed copy should be three-hole punched, with
each section separated by labeled tab dividers. The court expects the parties to visit the courts
website or chambers to view a Joint Pretrial Statement exemplar.

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1 2. MOTIONS IN LIMINE

The court will entertain late motions for which there is a compelling explanation only if filed at
least 8 business days prior to the date set for jury selection. Oppositions to late motions must be
filed at least 5 business days prior to jury selection, and replies must be filed at least 4 business
days prior to jury selection. The court will not consider motions in limine that relitigate issues
already resolved by the court.

13. TRIAL PROCEDURES

The following rules are intended to ensure that the trial proceeds with efficiency, dignity, and
congeniality.

a. Schedule : Unless the parties are otherwise notified, the court will convene the jury
portion of the trial from 10:00 a.m. to 12:30 p.m. and 1:45 p.m. to 4:30 p.m., Monday
through Friday. The parties must be in the courtroom at least 5 minutes before court is
scheduled to begin or resume.

b. General Courtroom Rules : The court expects the parties to exercise civility at all times.

Unless leave is otherwise granted, counsel shall

i. examine witnesses or address the jury from the lectern;

ii. obtain permission before approaching a hostile or adverse witness;

iii. stand when raising objections;

iv. remain seated when the jury is entering or leaving the courtroom;

V. remain in the courtroom once court is in session;

vi. direct all statements to the court rather than to the opposing party; and

vii. refer to all witnesses as Mr. or Ms. rather than first name or nickname.

c. Voir Dire : The court will conduct voir dire based on the proposed voir dire questions
submitted by the parties, and, where warranted, will allow the parties to ask additional
questions of propective jurors at the bench.

d. Technical Equipment : Parties who would like to use technical equipment (e.g., overhead
projectors, video display monitors) must contact the Courtroom Technology
Administrator of the Clerks office at (202) 354-3019.

e. Motions or Objections During Trial : With regard to motions to be resolved on the
following trial day, the parties must submit motions to the court (by fax transmission to
(202) 354-3392 or by hand-delivery) and the opposing party by no later than 7:00 a.m.
on the trial day. The opposing party must submit its response (if any) to the court and
the opposing party by no later than 7:45 a.m. on the same day. With regard to
objections, the parties must state clearly and succinctly the legal basis for the objections.
To protect the record for appellate review, a party may explain or amphfy its objections
on the record after the jury has been excused. Parties should not request bench
conferences in lieu of fihng motions or raising objections. If a party plans to engage in a
line of inquiry that requires judicial pre-approval, however, the party may seek a bench
conference.

f. Sua Sponte Jury Instmctions : If events during trial necessitate the immediate giving of a
sua sponte jury instruction, the party requesting the instruction must provide the court
with the text of the proposed instruction or else the court will consider the request
waived. If a party would hke the instruction included in the courts final instructions to
the jury, that party bears the responsibihty of making such a request to the court by no
later than 4:00 p.m. on the day prior to the day on which the court will give the final
instructions.

g. Witnesses : A party calling a witness must arrange for the witness presence until
cross-examination is completed. Failure to have a witness present for
cross-examination is grounds for striking the witness testimony. Except in
extraordinary circumstances, the court will not recess simply because a witness is
unavailable. The court will endeavor to accommodate out-of-town and expert
witnesses if counsel alerts the court ahead of time.

h. Exhibits : Parties who plan to tender exhibits must provide an exhibit hst to the

courtroom deputy. Exhibits should be marked by number (1, 2, 3); groups of exhibits
should be marked by number and letter (1 A, IB, \1C).

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1 4. MOTIONS TO ALTER OR AMEND JUDGMENT

Motions to alter or amend judgment (commonly known as motions for reconsideration) and
oppositions thereto may not exceed 10 pages. Replies, if any, may not exceed 4 pages.

SO ORDERED.

RICARDO M. URBINA

United States District Judge

Revised Dec. 2004. This order is available at

www.dcd.uscourts.gov/RMUrbina-page.html.

The Local Civil Rules are available at www.dcd.uscourts.gov/rules.html.

This paragraph does not apply to in camera submissions.

A "business day" is any day that is not a Saturday, Sunday, or "legal holiday" as

defined by Federal Rules of Civil Procedure 6(a).

Although the duty-to-confer and reporting requirements do not apply to cases

exempted by Local Civil Rule 16.3(b), the court encourages parties in exempted cases

to confer and submit a report where doing so would promote efficient case

management.

For more information about avenues for alternative dispute resolution, parties may

contact the Director of Dispute Resolution for the United States Courts for the District

of Columbia Circuit at (202) 216-7350.

Motions in limine and stipulations may be in 12-point font.