Requirements for District Judge Sam A. Lindsay

Judge Lindsay advises the parties by order of specific requirements that apply to each case. The following information is intended to acquaint counsel and litigants with the judge's typical procedures and requirements, not to take the place of orders entered in specific cases. If the information set out below does not address your particular question, you should determine whether a local rule does.

I. Case Management Procedures

1. Preliminary Pretrial Conference ("Rule 16 Conference")
   
   Unless a Rule 16(a) scheduling conference is set by the court, Judge Lindsay will enter a scheduling order after reviewing the status report from the parties as required by the Order Requiring Attorney Conference and Status Report.
   
   
2. Fed. R. Civ. P. 26(f) Conference
   
   No meeting under a Fed. R. Civ. P. 26(f) conference is required.
   
   
3. Status Report/Scheduling Order
   
   In accordance with Rules 16(b) and 26(f), Fed. R. Civ. P., counsel and any unrepresented party are directed to meet and confer for the purpose of preparing and submitting a joint status report in the case. No separate or individual filing regarding this report will be accepted. The joint status report shall be filed (not mailed) not later than 29 days after the date of the Status Report Order. Upon the parties' filing of the joint status report, Judge Lindsay issues a scheduling order which includes the discovery deadline, dispositive motions deadline, pretrial conference date and time, and trial date.
   
   
4. Referrals to Magistrate Judges
   
   The parties must advise the court of their respective positions concerning referrals to a magistrate judge for jury or nonjury trial by consent pursuant to 28 U.S.C. § 636(c).
   
   
5. Settlement Discussion
   
   Judge Lindsay requires parties to have good faith settlement discussions. Counsel (or the respective party if not represented by counsel) are directed to confer and file with the court not later than 90 days after the date of the scheduling order, a joint report setting forth the status of settlement negotiations and the specific efforts made by the parties to resolve the case. If no efforts have been made, the parties must state the reasons why no settlement efforts have occurred. Not later than 21 days prior to the scheduled trial date, the parties and their respective lead counsel must meet in person or by telephone conference to discuss settlement of this case. At the conclusion of this conference, counsel must immediately notify the court in writing of the participants' names and capacities, and the results of the settlement conference. Judge Lindsay encourages and implements ADR when appropriate.
   
   
6. Pretrial Order
   
   Judge Lindsay, with some modifications, follows the Local Rules and the Federal Rules of Civil Procedure regarding pretrial orders and materials. A pretrial order shall be presented to the Court not later than 21 days prior to the scheduled trial date. All counsel are jointly responsible for preparation of the entire pretrial order; however, Plaintiff's counsel is responsible for typing, collating, and otherwise preparing the final document for presentation to the court. Where the Plaintiff is proceeding pro se but the Defendant is represented by counsel, Defendant's counsel shall aid in and help ensure preparation of a formally sufficient pretrial order. Each attorney should retain a copy of the pretrial order submitted to the Court. The Clerk will not provide copies of the signed pretrial order. The joint pretrial order is to be submitted as a proposed order pursuant to procedures established in the CM/ECF manual, page 6 § F. A joint pretrial order filed without Judge Lindsay's signature will be unfiled by the clerk of court.
   
   
7. Final Pretrial Conference
   
   A final pretrial conference will be scheduled by order of the court, usually three to seven days prior to the scheduled trial date.
   
   
8. Judge's Copy of Documents Filed By Electronic Means
   
   Judge Lindsay requires copies in his civil cases of all complaints, all dispositive motions, responses, replies, and appendices thereto, and any filing more than 25 pages in length. In his criminal cases, Judge Lindsay requires a judge's copy of each document electronically filed.

II. Motion Practice

1. Requirements for Specific Motions
   
   
   1. Summary Judgment - Judge Lindsay follows the Local Rules and the Federal Rules of Civil Procedure regarding summary judgment motions. All motions for summary judgment shall be filed not later than 90 days prior to the scheduled trial date.
   2. Continuance - Judge Lindsay follows the Local Rules and the Federal Rules of Civil Procedure regarding motions for continuance.
   3. In Limine - Motions in limine shall be filed not later than ten days prior to the scheduled trial date. Motions in limine must not be filed as a matter of course, and they must include neither "standard" nor "boilerplate" requests not tailored to a case-specific matter. They should also not contain issues presented in order to obtain substantive rulings that should have been requested in advance of trial by appropriate motion or matters that can be handled by making appropriate objections at trial. Motions in limine are heard at the pretrial conference.
   4. Dispositive Motions - All motions that would dispose of all or any part of the case shall be filed not later than 90 days prior to the scheduled trial date. Delay in deciding motions will not affect the trial date.
   5. Other - Judge Lindsay follows the Local Rules and the Federal Rules of Civil Procedure regarding all other motion practice. Judge Lindsay usually grants reasonable, uncontested motions. An agreed order or certificate of conference stating that the motion is unopposed must accompany such motions.
      
      
2. Hearing
   
   In most circumstances, Judge Lindsay makes a ruling based upon briefs; however, oral argument may be set by the court in response to a specific request or sua sponte to clarify issues of concern to the court.

III. Discovery

1. Filing Discovery Material
   
   Judge Lindsay follows the Local Rules and the Federal Rules of Civil Procedure regarding the filing of discovery material. See Local Rule 5.2. All discovery must be completed not later than 120 days prior to the scheduled trial date, subject to any agreed extension. Judge Lindsay, however, will not entertain discovery disputes that arise from agreed extensions.

IV. Trial Procedures

1. Marking and Exchanging Exhibits
   
   Judge Lindsay's scheduling order addresses the issue of when exhibits are due. If the scheduling order does not address the issue, follow the Local Rules. Judge Lindsay requires that each party file all materials under Rule 26(a)(3) no later than 21 days prior to the scheduled trial date. The court requires that the parties confer regarding any objections to witnesses, exhibits, etc., prior to trial so that an agreement may be reached as to admissibility, etc. When agreement cannot be reached, the court will decide the disputed issues. Each party may file a list of objections to any exhibits and deposition excerpts designated by another party not later than ten days prior to the scheduled trial date.
   
   Please Note: Exhibits are to be placed in three-ring binders. The binders should be labeled with the style of the case, case number, and whether the binder is "Plaintiff's Exhibit Notebook" or "Defendant's Exhibit Notebook." The first page in the binder should have the style of the case, case number, and "Plaintiff's/Defendant's Exhibit Notebook." The next page should be the exhibit index. Each exhibit should be tabbed for ease of locating that exhibit. Special exhibit labels are not necessary; you may use the standard "Plaintiff/Defendant Exhibit" labels.
   
   In jury trials, provide one set of exhibits for the judge. In bench trials, provide one set of exhibits to the judge and one set of exhibits to the law clerk. Have the exhibits delivered to chambers.
   
   
2. Joinder of Parties or Amendment of Pleadings
   
   Not later than 90 days after the date of the scheduling order, all motions requesting joinder of additional parties or amendments of pleadings shall be filed.
   
   
3. Designation of Experts
   
   Not later than 90 days prior to the discovery deadline, Plaintiff shall file a written designation of the name and address of each expert witness. Not later than 60 days prior to the discovery deadline, Defendant or any third party shall file a written designation of the name and address of each expert witness. Disclosure of any rebuttal expert witnesses shall be made within 30 days after the disclosure made by the other party. Challenges to expert witnesses shall be filed not later than 90 days prior to the scheduled trial date.
   
   
4. Witness List
   
   Not later than 21 days prior to the scheduled trial date, each party must file a list of witnesses who may be called by each party in its case in chief. Each witness list shall contain a brief narrative summary of the testimony to be elicited from each witness, shall state whether the witness has been deposed, and whether the witness' testimony at trial is "probable," "possible," "expert," or "record custodian." A copy of this list must be furnished to the court reporter prior to trial.
   
   
5. Voir Dire
   
   Judge Lindsay generally conducts voir dire; however, the parties are allowed to conduct a brief follow-up voir dire into areas not covered by the court. In some instances, the circumstance and length of the case may dictate that the court solely conduct voir dire. The amount of time allowed is determined by the court on a case-by-case basis. Judge Lindsay requires the parties to file proposed voir dire questions no later than 21 days prior to the scheduled trial date.
   
   
6. Proposed Jury Instructions
   
   Judge Lindsay requires the filing of proposed jury instructions and verdict form no later than 21 days prior to the scheduled trial date.
   
   
7. Findings of Fact and Conclusions of Law
   
   In bench trials, parties are to order the transcript at the conclusion of the trial and are to divide the costs evenly. The proposed findings and conclusions are then to be filed by each party and submitted to the court within 30 days after the transcript is completed, unless otherwise permitted. Each proposed finding of fact must contain a specific cite in the record, and each conclusion of law must cite the applicable legal authority.
   
   
8. Courtroom Decorum
   
   Judge Lindsay is to be addressed as "Your Honor" or "Judge Lindsay." Parties and counsel are to be addressed by their last names. Counsel should use the podium when addressing a witness. Passing notes and conversing in a low voice is permitted. Water is the only beverage allowed in the courtroom. No gum chewing or reading of the newspaper is permitted.
   
   
9. Electronic Equipment in the Courtroom
   
   For good cause shown, Judge Lindsay permits the use of electronic equipment when necessary to assist counsel or for the presentation of evidence. Parties with questions concerning the use of electronic equipment should contact the court. This equipment must be set up prior to the commencement of trial.
   
   The court does not provide: blackboards, chart stands, overhead projectors, video equipment, easels, etc.
   
   
10. Other
    
    Judge Lindsay may impose time limitations on opening statements based upon the nature of the case, generally providing between 15-30 minutes per side. Exhibits may be used in opening statements if all parties agree. Judge Lindsay does not generally impose time limitations on the presentation of evidence; however, the court will take reasonable steps in order to facilitate the trial.

V. Miscellaneous Procedures

1. Judge's Copy of Pleading
   
   Judge Lindsay only accepts courtesy copies of pleadings as required by the Standing Order Regarding Electronically Filed Documents, unless requested by chambers.
   
   Judge Lindsay does not allow hand deliveries to the chambers, unless permission is granted. All deliveries are to be brought to the Clerk's office and should be stamped "Received" by the clerk. Unless granted permission, no exceptions will be granted.
   
   
2. Telephone Call to Chambers
   
   Judge Lindsay allows attorneys to talk with his law clerks, secretary, and courtroom deputy regarding the procedural matters. Please do not call the judge's staff to inquire about substantive aspects of a specific case.
   
   Attorneys may request to talk with Judge Lindsay with both parties present.
   
   

   Contact Information:

3. Faxed Document
   
   Judge Lindsay does not accept faxed documents unless instructed to do so by chambers.

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