**PRACTICES AND PROCEDURES OF**

**JUDGE ARTHUR J. SCHWAB**

**(Effective 5/04/06)**

I. **GENERAL MATTERS**

A. **Communications with the Court**

Communication with the Court shall be in the form of motions,
accompanied by a proposed order specifying the relief requested.

B. **Communications with Law Clerks**

Communications with law clerks concerning the administration, not the
merits of a case, are permissible. Such inquiries include those
pertaining to the status of any pending matter.

C. **Filing and Service**

Counsel (not the Court) is responsible for filing of all pleadings,
documents or any other material provided to the Court and/or the Office
of the Clerk, and service upon opposing counsel or pro se parties. The
Court is [not]{.underline} responsible for filing and/or service of the
pleadings, documents or any other material of the parties.

D. **Objections**

If counsel at any time has an objection to any procedure, ruling or
other action of the Court, it is counsel's responsibility to make an
immediate formal objection on the record. If there is no court reporter
present and counsel has an objection(s), it is counsel's responsibility
to request a court reporter and thereafter place the objection(s) on the
record.

E. **Telephone Conferences**

Requests for attorneys and parties to participate in conferences by
telephone will be considered on a case by case basis. However, unless
otherwise ordered by the Court, settlement conferences and the initial
status conference will not be conducted over the telephone. (For
settlement conferences, both counsel and parties are expected to appear
in person.) *See* Settlement Conferences *infra*.

When a telephone conference is permitted, counsel shall initiate the
conference and contact the Court only after all parties are connected.

F. **Pro Hac Vice Admissions**

Pro Hac Vice admissions should be done by motion, however the motion
need not be in writing.

G. **Comments to the Media**

Counsel are expected to adhere to the Rules of Professional Conduct in
all dealings, including their dealings with the media as they relate to
a pending matter.

H. **Amendment of these Practices and Procedures**

The Court Practices and Procedures are available online and will be
updated periodically. Counsel are responsible for ascertaining whether
these Practices and Procedures have been amended.

I. **Conduct of Attorneys**

Counsel shall conform in general with the* Code of Trial and Pretrial
Conduct*, published by the American College of Trial Lawyers (2002). See
also *Civil Discovery Standards*, published by the Section of
Litigation, American Bar Association (2004).

II\. **MOTIONS PRACTICE**

A. **Oral Argument**

The Court entertains oral argument only on selected factually and
legally complex matters, but not otherwise. An order will be issued
should the Court deem oral argument necessary.

B. **Briefs**

Briefs in support of a motion shall be filed simultaneously with all
motions [except]{.underline} discovery motions, motions for extensions
of time, and motions for continuance, for which no briefs are required.
There is a page restriction of fifteen (15) pages for all moving and
responsive briefs filed with the Court (double-spaced with no less than
twelve (12) point font and one inch page margins). The parties must seek
leave of Court to file reply and sur-reply briefs and will be limited to
five (5) pages if leave is granted.

C. **Chamber Copies of Motion Papers**

Parties are not required to provide the Court with courtesy copies,
unless otherwise ordered by the Court.

D. **Responses to Motions - Scheduling**

Parties generally are given fourteen (14) days to file a response to a
dispositive motion and ten (10) days to respond to a non-dispositive
motion, unless otherwise ordered by the Court.

E. **Magistrate Judge's Report and Recommendation**

Reports and Recommendations to which objections have been filed will not
be decided until a response is filed by the non-objecting party (or
opposite party if both object). Briefs not in excess of ten (10) pages
are encouraged. If no objections have been filed, a decision will be
made solely on the basis of the R & R and the previously filed briefs.
Objections and appeals to Magistrate Judge orders on discretionary
issues pertaining to discovery disputes are discouraged.

F. **Evidentiary Hearings**

Hearings necessitated by pretrial motions (e.g., suppression of
confession or evidence) will be held on the day of trial unless
otherwise ordered by the Court.

G. **Motions In Limine**

Deadlines for filing motions in limine, with their supporting briefs,
will be set forth in the pretrial order. Unless there is a good reason
not to do so, motions in limine will be ruled upon in advance of trial
and usually at the pretrial conference. (*See* Side Bars, *infra.*)

III\. **CIVIL CASES**

A. **Pretrial Procedures**

1\. **Local Rule 16.1**

The Court utilizes a standard form case management order based on L.R.
16.1. Each case is designated as Track I or Track II. Other than the
requirements of L.R. 16.1, no additional items are included in the
order. Copies of the standard form case management and pretrial orders
are attached hereto as Exhibits A, B, and C.

2\. **Initial Status Conference**

An* *initial status conference* *is scheduled within 30 (thirty) days of
the filing of a responsive pleading, if not sooner. Chief trial counsel
are required to attend and shall obtain full settlement authority prior
to the conference. All parties shall be available by telephone.

At the initial status conference, the L.R. 16 Order (Case Management
Order) is issued, after discussion with lead trial counsel as to the
length of time necessary for discovery, handling of expert witnesses and
other matters. Settlement and ADR options also will be discussed in
depth. In addition, the Court will ask the parties to agree to submit
the case to some form of ADR, including mediation or final and binding
arbitration. Accordingly, counsel shall speak with their clients about
both of these issues prior to attending the conference and be prepared
to respond.

Additional case management conferences take place on request of counsel
and in all cases prior to the trial date to discuss settlement and/or
trial. Chief trial counsel are encouraged to request the assistance of
the Court on any matter as conferences to handle routine problems can be
conducted by telephone. (*See* Telephone Conferences *supra*.)

Also, at the initial status conference, a trial date generally will be
set, with an appropriate Pretrial Trial Order (see Exhibits B and C).

3\. **Settlement Conferences**

** *** *The Court entertains settlement conferences on a regular basis.
At least three working days prior to the conference, the parties should
submit brief letters to the Court detailing the relative strengths and
weaknesses of their case, as well as settlement postures. The letters
will not be filed nor shared with opposing counsel. Accordingly, candor
is expected.

** ** Chief trial counsel and the client with full settlement authority
shall attend all settlement conferences, in person. In cases in which
there is insurance coverage (or the possibility of insurance coverage),
a representative(s) from the carrier(s) shall attend the settlement
conference. That carrier representative(s) must have full settlement
authority on behalf of the carrier(s) to the full extent of the
insurance policy(ies).

Consistent with the initial status conference procedure, at the
settlement conference counsel shall be prepared to discuss and agree to
an ADR option.

Finally, at all settlement conferences chief trial counsel shall be
prepared to discuss any dispositive motions as well as counsels'
predictions for the amount of time necessary to try the case.

4\. **Extensions and Continuances **

The Court is not inclined to grant extensions for the filing of motions
or briefs. Any request for an extension must take the form of a written
motion (accompanied by a proposed order), and the motion must include a
statement regarding opposing counsel's position on an extension.

Specific restrictions will be placed on further extensions when the case
is not moving.

Extension for dates regarding appearances before the Court will be
granted infrequently.

B. **Discovery Matters**

1\. **Length of Discovery Period and Extensions**

Generally 150 days is permitted for discovery unless the parties
indicate that a different time frame is needed and the Court approves
that time frame. Extensions of time for discovery are permitted for
cause shown, provided that the case has been advanced by counsel during
the initial period of discovery.

**2. ** **Expert Witnesses**

Discovery depositions of expert witnesses are nearly always permitted.
Expert witness discovery is reciprocal.

3\. **Deposition Disputes**

For discovery disputes that arise during a deposition, the attorneys
together may contact the Court to determine whether the Court wishes to
resolve the matter at that time.

4\. **Stay of Discovery**

The filing of a dispositive motion does not automatically stay
discovery. A stay may be sought by motion, but will only be granted if
the right to relief under the dispositive motion is clear or there is
some other good reason. In some cases, discovery may be limited to those
facts in support or opposition to the dispositive motion (e.g., a motion
to dismiss on grounds of lack of in personam jurisdiction).

5\. **Limitations on Discovery**

No standard form restrictions on the number of interrogatories or length
of depositions are employed beyond those set forth in the Federal Rules
of Civil Procedure. However, the parties are expected to use their
common sense and discretion in discovery matters, and the Court will
entertain motions to limit discovery when the request propounded is
unreasonable.

6\. **Rule 11 & Rule 37 Motions/Sanctions**

The Court expects counsel to avoid the necessity for the filing of Rule
11 and/or Rule 37 Motions through the exercise of good professional
judgment, common courtesy and civility. However, counsel fees and costs
will be awarded in appropriate circumstances.

C. **Injunctions and Temporary Restraining Orders**

Ex parte contact with the Court should be avoided. Therefore, in an
injunction and/or temporary restraining order, the moving party must
establish that serious efforts were made to contact the opposing party
or its counsel prior to seeking relief, supported by the F.R.Civ.P.65(b)
Affidavit regarding the same. Otherwise, the Court will not hold a
hearing on the matter or issue a temporary restraining order.

The moving papers in support of a motion for a temporary restraining
order or preliminary injunction should include affidavit(s) in support
of the motion with all relevant agreements attached to the affidavit(s).
Any response to the motion for temporary restraining order or
preliminary injunction must be accompanied by affidavits(s).

All requests for injunctions and temporary restraining orders are
handled as expeditiously as possible and the Court will, in its
discretion, and after review of the pleadings and affidavit(s),
determine whether or not to conduct a hearing and, if so, the scope of
the testimony.

D. **Patent Cases**

All patent cases before the Court shall follow the Western District of
Pennsylvania's Local Rules of Practice for Patent Cases.

E. **Trial Procedures**

1\. **Scheduling of Cases**

At the initial case management conference, a date for trial generally
will be set. There often is one or more trials set for the same date.
Vacation schedules, family conflicts and personal conflicts are
accommodated where possible, but counsel must notify the Court of any
such conflict as soon as possible.

2\. **Pretrial Conference**

At the pretrial conference, witness lists, exhibits, motions in limine,
jury instructions, voir dire, verdict slips and any other pretrial
matters will be discussed, in detail, and generally ruled upon. As such,
counsel should be prepared to make all arguments thereon.

In addition, at the pretrial conference, the Court will inform the
parties of the number of hours each party will be allotted to present
testimony and evidence at trial.

3\. **Trial Hours/Days**

Court is in trial session Monday through Thursday, 9:00 a.m. to 4:00
p.m. with breaks when appropriate, unless the jury requests a different
schedule. Fridays are reserved for pretrial and status conferences,
sentences and evidentiary hearings. Counsel must be available at 8:30
a.m. (or earlier if necessary to ensure that trial commences on time) to
meet with the Court concerning scheduling, trial problems, and to obtain
advance rulings on evidentiary or other issues.

4\. **Trial Briefs**

Trial briefs are optional, but appreciated. There are no filing date
restrictions, but the briefs are much more useful and more likely to be
given serious consideration if filed at least ten (10) days before
trial. Trial briefs should not exceed fifteen (15) pages.

In bench trials, counsel are required to submit proposed findings of
fact and conclusions of law. (*See* Proposed Findings of Fact and
Conclusion of Law *infra*.)

5\. **Voir Dire**

The Judge generally conducts voir dire in civil cases.

Unless otherwise ordered by the pretrial order, counsel are permitted to
supplement the standard questions. Counsel shall attempt to obtain
consent of opposing counsel prior to submission of any such supplemental
voir dire. Those supplemental voir dire questions to which counsel have
agreed upon shall state ("Consented To By Counsel").

6\. **Note Taking by Jurors**

Jurors are permitted to take notes and are provided with notebook paper
to do so.

7\. **Side Bars**

The Court believes counsel should be considerate of the use of jurors'
time. Consequently, side bars are highly disfavored because they waste
the jury's time and unduly extend the length of the trial. Counsel will
meet with the Court each day at 8:30 a.m. (or earlier if necessary to
ensure that trial commences on time) to raise points of evidence or
other issues that would otherwise necessitate a side bar conference.
Failure to raise the issue at that time will generally result in a
disposition of the in-Court objection in the presence of the jury.

8\. **Examination of Witnesses Out of Sequence**

Where appropriate, witnesses may be examined out of sequence upon
request of a party. Witnesses may be examined in any order to which
counsel agrees. For example, counsel could agree that expert witnesses
for each side will testify back to back.

9\. **Opening and Closing Statements**

Up to thirty (30) minutes is allotted to each side for opening and
closing statements, depending on the complexity of the case.

10\. **Time Limits for Examination of Witnesses**

At the pretrial conference, the Court will set time limits for the
examination of witnesses and admission of evidence during trial, after
consultation with counsel. This time limit includes each party's time
spent on both direct and cross examinations. However, the time limit
does not include the up to thirty (30) minutes permitted for opening
statements, and up to thirty (30) minutes for closing statements. The
Courtroom Deputy will keep track of each party's use of time during the
trial.

11\. **Examination of Witnesses or Argument by More Than One Attorney**

Co-counsel are not permitted to split up the examination of a witness.

12\. **Examination of Witnesses Beyond Direct and Cross**

Re-direct and re-cross examination is not permitted without leave of
Court.

13\. **Videotaped Testimony**

The Court has no special procedures regarding videotaped testimony
except those set out in the local rules.

14\. **Reading of Material into the Record**

Counsel can devise their own methodology for reading material into the
record, provided opposing counsel agrees.

15\. **Exhibits**

All exhibits must be exchanged and marked in advance of trial. Copies
are to be provided for the Court in binders properly labeled
("Plaintiff's Exhibits" and "Defendant's Exhibits") at least three (3)
days in advance of trial, unless otherwise ordered by the Court. In
addition, counsel shall be prepared to compile and agree to a single
exhibit binder ("Joint Exhibit Binder") containing the most significant
exhibits that will be submitted to the jury at the close of trial.
Counsel shall plan to submit twelve (12) copies of the Joint Exhibit
Binder (eight (8) for the jury and four (4) for the Court).

Voluminous data shall be presented by summary exhibits pursuant to
Fed.R.Evid. 1006, and voluminous exhibits shall be redacted to eliminate
irrelevant material (which shall remain available for examination by
opposing counsel). Where copies of documents are offered, the originals
shall be available for examination, unless waived by stipulation.

Counsel are not to take time during trial to exchange exhibits with each
other as this will have been accomplished pretrial. With advance notice
and approval of the Court, visual aids and exhibits may be used during
opening statements. Exhibits need not be offered into evidence in
numeric order.

16\. **Directed Verdict Motions**

The Court's only requirements for directed verdict motions are set forth
in the Federal Rules of Civil Procedure.

17\. **Jury Instructions **

The parties shall meet in an attempt to agree on a joint set of proposed
jury instructions. After said meeting, the parties shall file a
[unified]{.underline} (meaning one) combined set of proposed
instructions, along with computer disk/CD containing the instructions in
WordPerfect format. The filed set of instructions shall include both the
agreed upon instructions and the proposed instructions to which the
parties have not agreed. Each agreed upon instruction shall include the
following notation at the bottom: "This proposed instruction is agreed
upon by the parties." Each instruction to which the parties have not
agreed shall indicate at the bottom the name of the party proffering the
instruction. Proposed instructions by different parties shall be grouped
together.

A charging conference will be held, at which time a ruling will be made
on each point for charge and a copy of the Court's proposed charge will
be supplied to counsel. Counsel are required to state objections to the
proposed charge at the charging conference and to supply the alternate
language, together with case authority.

[ The Court will not accept separate proposed jury instructions from
]{.underline} [the parties]{.underline}.

18\. **Proposed Findings of Fact and Conclusions of Law**

** (Non-jury trial only)**

Plaintiff shall file and serve a courtesy copy, on computer disk/CD
formatted in WordPerfect format, of consecutively numbered proposed
findings of fact and conclusions of law. Plaintiff's proposed findings
of fact shall address each contested issue of fact remaining. Each
proposed finding of fact shall be supported by clear and explicit
reference to the parts of the record relied upon to support it. Each
proposed conclusion of law shall be supported by citation to appropriate
authority. With the proposed findings of fact and conclusions of law,
Plaintiff also shall file and serve a brief in support of judgment
integrating the proposed findings of fact with the proposed conclusions
of law and demonstrating why the relief requested should be granted. The
supporting brief shall not exceed ten (10) pages.

Defendant shall file and serve a courtesy copy, on computer disk/CD
formatted in WordPerfect format, of consecutively numbered counter
findings of fact and consecutively numbered counter conclusions of law,
corresponding to the [same]{.underline} numbered findings of fact and
conclusions of law proposed by Plaintiff. Each proposed counter finding
shall be supported by clear and explicit reference to the parts of the
record relied upon to support it. Each proposed counter conclusion shall
be supported by citation to appropriate authority. With the proposed
counter findings and counter conclusions, Defendant also shall file and
serve a brief in support of judgment integrating the counter proposed
findings of fact with the counter proposed conclusions of law and
demonstrating why the relief requested by defendant should be granted.
The supporting brief shall not exceed ten (10) pages.

19\. **Offers of Proof**

There should be no requests for offers of proof during trial as the
parties will have discussed the witnesses at the 8:30 a.m. conference
with the Court.

20\. **General Courtroom Rules**

Counsel can conduct the trial in any manner they see fit, provided it is
done with courtesy and civility.

**F. Jury Deliberations**

1\. **Written Jury Instructions**

The jury will be provided with a copy of the jury instructions.

2\. **Exhibits in the Jury Room**

Generally, the jury will be given all admitted exhibits for use in
deliberations.

3\. **Jury Requests to Read Back Testimony or Replay Tapes During
Deliberations**

Requests to read back testimony or replay tapes during deliberations
generally will be denied.

4\. **Jury Questions**

All written questions submitted by the jury are supplied to counsel.
Counsel and the Court will meet to discuss and hopefully agree on a
reply. In most cases, the jury will then be summoned to the courtroom
where a verbal reply will be read. A written reply is also provided
where appropriate.

5\. **Availability of Counsel During Jury Deliberations**

Trial counsel need not remain in the courtroom area, but must be
available by telephone so that they can promptly return to the
courthouse upon being contacted by the Court.

6\. **Interviewing the Jury**

Interviewing of jurors post-verdict is discouraged, but the jury is told
that it is up to them to decide if they choose to be interviewed.

IV\. **CRIMINAL CASES**

A. **Motions**

Motions for extension of time to file pretrial motions are generally
granted, especially if there is a significant amount of discovery
material, the case involves a wiretap or a complex factual situation.
Appropriate language excluding delays from the operation of the Speedy
Trial Act should be included in the proposed order accompanying the
motion.

B. **Pretrial Conferences**

A status conference well in advance of trial is scheduled in each case.

C. **Guilty Pleas**

There are no special rules regarding guilty pleas and no deadlines for
accepting or rejecting plea bargains. Counsel are encouraged to plea
bargain as early as possible to avoid tying up trial time. The Court
follows a written colloquy for entry of the plea. Counsel may have a
copy of the colloquy on request.

D. **Voir Dire **

The Judge conducts the voir dire in criminal cases. Counsel may
supplement any standard voir dire with questions they propose.

Unless otherwise scheduled in the pretrial order, proposed voir dire
questions are to be submitted to the Court at least one (1) week prior
to trial. Any supplemental voir dire questions approved by the Court
will be asked by the Courtroom Deputy.

E. **Trial**

Counsel may decide when or if they will present an opening statement.
Defense counsel may not open both before and after the prosecution.

Sidebars are disfavored and will not be permitted if it is to decide an
issue that could have been decided before or after trial that day.

Unless otherwise scheduled in the pretrial order, motions in limine are
to be filed, together with supporting brief, at least two (2) weeks in
advance of trial.

Transcripts of tape recorded conversations are permissible.

The government is encouraged to turn over Jencks Act material as early
as possible, and generally no later than the date jury selection begins.

All [Brady/Kyles]{.underline} material within the possession or control
of the government or its agents should be disclosed well in advance of
trial, and the government is under a continuous obligation to disclose
such material to the defense.

Special interrogatories to the jury will be submitted upon request of
counsel in appropriate cases.

A copy of the jury instructions will be provided to the jury.

Unless otherwise ordered, counsel are required to submit proposed jury
instructions at least two (2) weeks prior to trial, along with a
computer disk/CD containing the instructions in WordPerfect format. A
charging conference will be held, at which time a ruling will be made on
each point for charge and a copy of the court's proposed charge will be
supplied to counsel. Counsel are required to state objections to the
proposed charge at the charging conference and to supply the alternate
language, together with case authority.

F. **Objections to Pre-sentence Investigation Report**

Objections to the pre-sentence investigation report must be submitted by
counsel well in advance of the sentencing hearing if counsel expect to
receive tentative findings and conclusions from the Court. Counsel
should refer to the Local Rules of Criminal Procedure for guidance.

Tentative Findings and Conclusions Concerning Disputed Facts or Factors
will be provided to counsel in advance of the sentencing hearing.

The parties will be notified in advance and provided with reasons in
cases when a downward or an upward departure is contemplated.

V. **BANKRUPTCY APPEALS (TO THE DISTRICT COURT)**

A. **Filing and Scheduling**

The brief for the appellant shall be served and filed within 15 days
after entry of the appeal on the docket pursuant to Bankruptcy Rule
8007; the brief for appellee shall be served and filed within 15 days
after service of appellant's brief. Reply briefs may be filed according
to the schedule set forth in Bankruptcy Rule 8009(a)(3), upon
notification to the Court that such reply brief shall be filed.

B. **Oral Argument**

Oral argument is not generally scheduled, but may be granted upon
request.

C. **Other General Practices/Procedures**

Briefing schedules and other deadlines imposed by the Federal Rules of
Bankruptcy Procedure will be modified where appropriate on the request
of the party.

***EXHIBIT A***

(SAMPLE TRACK I CASE MANAGEMENT ORDER)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

**[CASE MANAGEMENT ORDER (TRACK I)]{.underline}**

**AND NOW**, this \_\_ day of \_\_\_\_, 2006, **IT IS ORDERED** that
this action is placed under Local Rule 16.1 of this Court for pretrial
proceedings and all provisions of the Rule will be strictly enforced.
This action is designated a **Track I** case under Local Rule 16.1.3.

**IT IS FURTHER ORDERED** that counsel shall confer with their clients
prior to all case management, status, or pretrial conferences to obtain
authority to participate in settlement negotiations to be conducted by
the Court. Counsel are encouraged to instruct the principals to be
available by telephone to facilitate the amicable resolution of all
litigation.

**IT IS FURTHER ORDERED** that compliance with provisions of Rule 16.1
shall be completed as follows:

\(1\) Plaintiff and Defendant will exchange the information required by
Federal Rule of Civil Procedure 26(a)(1) by
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. ***(14 days after the initial case
**management conference)***

\(2\) The parties shall move to amend the pleadings or add new parties
by \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. ***(30 days after the
initial case management **conference )***

\(3\) The parties shall complete fact discovery by
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

***(150 days after the initial case management conference)*** All
interrogatories, depositions, requests of admissions, and requests for
production shall be served within sufficient time to allow responses to
be completed prior to the close of discovery.

\(4\) **EXPERT REPORTS AND DISCOVERY: (If applicable)**

\(a\) Plaintiff's expert reports shall be filed by
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. ***(120 days after the
initial case management conference.) ***

\(b\) Defendant's expert reports shall be filed by
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. ***(140 days after the
initial case management conference.)***

\(c\) All expert depositions shall be completed by
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. ***(150 days after the
initial case management conference.)***

\(5\) Responses to motions to compel are due within 10 calendar days of
the filing of the motion.

\(6\) The parties shall comply with Local Rule 56.1 with respect to
making a motion for summary judgment and the filing of a response to the
motion. The movant shall file a motion for summary judgment in
accordance with the requirements of Local Rule 56.1B on or before
\_\_\_\_\_\_\_\_\_\_\_\_ ***(20 days after the end of fact and **expert
discovery)***.*** *** The opposing party shall file its opposition in
accordance with the requirements of Local Rule 56.1C on or before
\_\_\_\_\_\_\_\_\_\_\_***\_ (within 10 days **of filing of the motion
for summary judgment)***. On the same date of the filing of said
opposition, the movant shall file a joint concise statement of material
facts which combines the movant's concise statement of material facts
with the responsive concise statement, e.g., the movant shall combine
its separately numbered paragraph (1) with the response to that same
numbered paragraph in a revised separately numbered paragraph (1). The
joint concise statement shall be prepared so that each response
immediately follows the movant's fact to which it responds, and is
readily identifiable as a response and not part of the movant's
submission. The opposing party shall cooperate with the movant in
preparing the joint concise statement of material facts. Briefs
supporting or opposing summary judgment motions shall not exceed 15
pages, excluding tables of authorities. Reply and surreply briefs shall
not be filed unless approved/requested by the Court.

\(7\) Plaintiff's pretrial narrative statement shall comply with Rule
16.1.4.A, and be filed by
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. ***(60 days after
the end of fact and **expert discovery.)***

\(8\) Defendant's pretrial narrative statement shall comply with Rule
16.1.4.B, and be filed by
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. ***(70 days after
the end of fact and **expert discovery.)***

** **(9) Material facts not identified in the pretrial narrative
statements may be excluded upon objection or *sua sponte*. Witnesses or
exhibits not identified in the pretrial narrative statements shall not
be admissible at trial, except for an exhibit to be used solely for
impeachment purposes. Plaintiff should use numbers with a "P" prefix to
designate exhibits (e.g., P1, P2, . . .); Defendant should use numbers
with a "D" prefix to designate exhibits (e.g., D1, D2, . . .).

\(10\) The parties shall not amend or supplement their pretrial
narrative statements without leave of Court.

\(11\) All parties shall file an indication whether or not they are
willing to proceed to trial in front of a Magistrate Judge by
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

***(30 days after the initial case management conference.)***

** [ ]{.underline}[ ]{.underline}[ ]{.underline}[ ]{.underline}[
]{.underline}**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Arthur J. Schwab

United States District Judge

cc: All counsel of record

***EXHIBIT B***

(SAMPLE PRETRIAL ORDER, JURY TRIAL)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

**[PRETRIAL ORDER]{.underline}**

**AND NOW**, this \_\_ day of \_\_\_\_\_\_\_\_\_\_, 2005, the Court
**HEREBY ORDERS** as follows:

**A. Final Pretrial Orders:**

1.** Jury Selection & Trial**. Jury selection and trial are set for
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ at \_\_\_\_\_\_\_\_\_, in
Courtroom 7C, 7^th^ Floor, United States Courthouse, 700 Grant Street,
Pittsburgh, Pennsylvania.

2\. **Exchange of Witness Lists and Exhibits**.

a\. Plaintiff shall serve and submit to the Court its list of trial
witnesses, listing separately the witnesses it will call and the
witnesses it may call if needed (other than purely for impeachment). For
each witness listed Plaintiff shall provide an offer of proof explaining
the substance of the witness' testimony. The offers of proof shall be no
more than one (1) double-spaced page with twelve (12) point font.
Plaintiff's witness list and offers of proof shall be due by***
**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_***. *** (1 month before
trial)***

b\. Defendant shall serve and submit to the Court its list of trial
witnesses, listing separately the witnesses it will call and the
witnesses it may call if needed (other than purely for impeachment). For
each witness listed Defendant shall provide an offer of proof explaining
the substance of the witness' testimony. The offers of proof shall be no
more than one (1) double-spaced page with twelve (12) point font.
Defendant's witness list and offers of proof shall be due by
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.*** (3 weeks before trial)***

c\. All exhibits must be exchanged and marked in advance of trial.
Copies are to be provided for the Court in binders properly labeled
("Plaintiff's Exhibits" and "Defendant's Exhibits") at least two (2)
days in advance of trial, unless otherwise ordered by the Court. In
addition, counsel shall be prepared to compile and agree to a single
exhibit binder ("Joint Exhibit Binder") containing the most significant
exhibits that will be submitted to the jury at the close of trial.
Counsel shall plan to submit twelve (12) copies of the Joint Exhibit
Binder (eight (8) for the jury and four (4) for the Court). Each Joint
Exhibit Binder shall contain twenty (20) lined sheets of lined notebook
paper provided for the jury to take notes.

d\. Voluminous data shall be presented by summary exhibits pursuant to
Fed.R.Evid. 1006, and voluminous exhibits shall be redacted to eliminate
irrelevant material (which shall remain available for examination by
opposing counsel). Where copies of documents are offered, the originals
shall be available for examination, unless waived by stipulation.

3\. **Designation of Discovery Excerpts to be Offered at Trial**. The
parties shall submit designation of excerpts from depositions,
interrogatory answers, and responses to requests for admission to be
offered at trial (other than for impeachment) by
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. ***(2 weeks before trial)***

4\. **Motions**. The parties shall file all motions in limine, including
motions under Fed.R.Evid. 104(a) and motions to limit or sever issues,
together with supporting briefs or memoranda of law, by
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. ***(2 weeks before trial)
*** Responses shall be filed by\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.
***(10 days before trial)*** All briefs supporting or opposing such
motions are limited to 5 pages.

5\. **Proposed Jury Instructions & Verdict Slips**. Counsel shall meet
in an attempt to agree on a joint set of proposed jury instructions.
After said meeting, and on or before
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, counsel shall file a
[unified]{.underline} (meaning one) combined set of proposed
instructions, along with computer disk/CD containing the instructions in
WordPerfect format. The filed set of instructions shall include both the
agreed upon instructions and the proposed instructions to which the
parties have not agreed. Each agreed upon instruction shall include the
following notation at the bottom: "This proposed instruction is agreed
upon by the parties." Each instruction to which the parties have not
agreed shall indicate at the bottom the name of the party proffering the
instruction. Proposed instructions by different parties shall by grouped
together.

A charging conference will be held, at which time a ruling will be made
on each point for charge and a copy of the Court's proposed charge will
be supplied to counsel. Counsel are required to state objections to the
proposed charge at the charging conference and to supply the alternate
language, together with case authority.

[The Court will not accept separate proposed jury instructions from the
parties]{.underline}.

6\. **Proposed Voir Dire**. Counsel are permitted to supplement the
standard questions provided that the proposed supplemental voir dire
questions are submitted to the Court in writing by
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ . *** (10 days before trial)***
Any supplemental voir dire questions approved by the Court will be asked
by the Courtroom Deputy.

7\. **Joint Stipulations**. The parties shall file joint stipulations by
\_\_\_\_\_\_\_\_\_\_\_\_\_\_**\_**.*** **(10 days before trial) *** All
possible stipulations shall be made as to:

a\. Facts;

b\. Issues to be decided;

c\. The authenticity and admissibility of exhibits;

d\. Expert qualifications and reports;

e\. Deposition testimony to be read into the record; and

f\. A brief statement of the claims and defenses to be read to the jury
to introduce the trial.

Counsel shall meet at a mutually convenient time and place to produce
the joint stipulation in time for filing as ordered.

8\. **Final Pretrial Conference**. A final pretrial conference shall be
held on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ at
\_\_\_\_\_\_\_\_\_\_\_, ***(1 week before trial) ***in Courtroom 7C,
7^th^ Floor, United States Courthouse, 700 Grant Street, Pittsburgh,
Pennsylvania.

**B. Trial Procedure**

1\. **Hours**. Court is in trial session, unless otherwise ordered by
the Court, Monday through Thursday, 9:00 AM. to 4:00 PM. with breaks
where appropriate. **All counsel are expected to be in their seats and
ready to commence at the appointed times.**

2\. **Exhibits**. Because counsel will have previously marked and
exchanged all exhibits and provided a copy to the Court, it will not be
necessary during the trial to show exhibits to opposing counsel prior to
using them.

3\. **Approaching the Witness**. It will not be necessary for counsel to
request permission to approach a witness.

4\. **Opening and Closing Statements**. Up to thirty (30) minutes is
permitted to each side for opening and closing statements, depending on
the complexity of the case. Counsel may use exhibits or charts in
opening argument provided that the same have been provided to opposing
counsel beforehand and either agreement was reached or the Court has
ruled upon the matter.

5\. **Side Bar Conferences**. The Court believes that counsel should be
considerate of the jurors\' time. Consequently, side bar conferences are
highly disfavored because they waste the jury\'s time and unduly extend
the length of the trial. Counsel will meet with the Court at

8:30 AM. each day (or earlier if necessary to ensure that trial
commences on time) each day to raise points of evidence or other issues
that would otherwise necessitate a side bar conference. Failure to raise
the issue at that time will generally result in a disposition of the
in-court objection in the presence of the jury. If necessary, counsel
and the Court may amplify their objections and rulings on the record
after the jury has been excused for a break, for lunch or for the day.

In addition, it is expected that counsel will anticipate evidentiary
issues requiring lengthy argument and will take up such matters out of
the presence of the jury. The Court will be available at **8:30 AM.**
each morning to address such issues. It is the responsibility of counsel
to notify other counsel of the need for a conference at 8:30 a.m. and
all other counsel will be expected to be there at the appointed time for
argument. **THE COURT WILL NOT DELAY THE PROCEEDINGS TO RESPOND TO LAST
MINUTE REQUESTS FOR CONFERENCES TO DISCUSS MATTERS WHICH, IN THE
EXERCISE OF REASONABLE DILIGENCE, COULD HAVE BEEN HEARD AT THE MORNING
CONFERENCE.**

6\. **Witness List.** Prior to the commencement of the trial, counsel
shall provide opposing counsel with a complete witness list, and shall
provide opposing counsel throughout the trial with the actual list of
the next day\'s witness by 5:00 PM. in the order they are expected to be
called. The same procedure will be employed by both sides at the end of
each trial day. Counsel should be sure that they have adequate witnesses
to fill the time allotted each day.

7\. **Note Taking**. The jury shall be permitted to take notes.

8\. **Jury Questions**. All written questions submitted by the jury are
supplied to counsel. Counsel and the Court will meet to discuss and
hopefully agree on a reply. The jury is then summoned to the Courtroom
in most cases and the verbal reply is given to them. A written reply is
provided where appropriate.

9\. **Jury Instructions**. A copy of the jury instructions shall be
provided to the jury for use during its deliberations.

10\. **Jury Access to Exhibits**. Unless otherwise advised by counsel,
it will be assumed that all admitted exhibits will be sent out with the
jury.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Arthur J. Schwab

United States District Judge

cc: All counsel of record as listed below

***EXHIBIT C***

(SAMPLE PRETRIAL ORDER, NON-JURY TRIAL)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

**[PRETRIAL ORDER (NON-JURY TRIAL)]{.underline}**

**AND NOW**, this \_\_ day of \_\_\_\_\_\_\_\_\_\_\_\_\_, 2005, the
Court **HEREBY ORDERS** as follows:

**A. Final Pretrial Orders:**

1.** Trial**. Trial of the above captioned matter is set for
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ at \_\_\_\_\_\_\_\_\_, in Courtroom
7C, 7^th^ Floor, United States Courthouse, 700 Grant Street, Pittsburgh,
Pennsylvania.

2\. **Exchange of Witness Lists and Exhibits**.

a\. Plaintiff shall serve and submit to the Court its list of trial
witnesses, listing separately the witnesses it will call and the
witnesses it may call if needed (other than purely for impeachment). For
each witness listed Plaintiff shall provide an offer of proof explaining
the substance of the witness' testimony. The offers of proof shall be no
more than one (1) double-spaced page with twelve (12) point font.
Plaintiff's witness list and offers of proof shall be due by***
\_\_\_\_\_\_\_\_\_\_\_\_\_\_***. *** **(1 month before trial)***

b\. Defendant shall serve and submit to the Court its list of trial
witnesses, listing separately the witnesses it will call and the
witnesses it may call if needed (other than purely for impeachment). For
each witness listed Defendant shall provide an offer of proof explaining
the substance of the witness' testimony. The offers of proof shall be no
more than one (1) double-spaced page with twelve (12) point font.
Defendant's witness list and offers of proof shall be due by
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.*** (3 weeks before trial)***

c\. All exhibits must be exchanged and marked in advance of trial.
Copies are to be provided for the Court in binders properly labeled
("Plaintiff's Exhibits" and "Defendant's Exhibits") at least (2) days in
advance of trial, unless otherwise ordered by the Court.

d\. Voluminous data shall be presented by summary exhibits pursuant to
Fed.R.Evid. 1006, and voluminous exhibits shall be redacted to eliminate
irrelevant material (which shall remain available for examination by
opposing counsel). Where copies of documents are offered, the originals
shall be available for examination, unless waived by stipulation.

3\. **Designation of Discovery Excerpts to be Offered at Trial. ** The
parties shall submit designation of excerpts from depositions,
interrogatory answers, and responses to requests for admission to be
offered at trial (other than for impeachment) by
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

***(2 weeks before trial)***

4\. **Motions**. The parties shall file all motions in limine, including
motions under Fed.R.Evid. 104(a) and motions to limit or sever issues,
together with supporting briefs or memoranda of law, by
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. ***(2 weeks before trial) ***
Responses to motions in limine shall be filed
by\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**.** ***(10 days before trial)***
All briefs supporting or opposing such motions are limited to 5 pages.

5\. **Proposed Findings of Fact and Conclusions of Law.**

a\. On or before \_\_\_\_\_\_\_\_\_\_\_\_\_\_, Plaintiff shall file and
serve a courtesy copy, on computer disk/CD formatted in WordPerfect
format, of consecutively numbered proposed findings of fact and
conclusions of law. Plaintiff's proposed findings of fact shall address
each contested issue of fact remaining. Each proposed finding of fact
shall be supported by clear and explicit reference to the parts of the
record relied upon to support it. Each proposed conclusion of law shall
be supported by citation to appropriate authority. With the proposed
findings of fact and conclusions of law, Plaintiff also shall file and
serve a brief in support of judgment integrating the proposed findings
of fact with the proposed conclusions of law and demonstrating why the
relief requested should be granted. The supporting brief shall not
exceed \_\_\_\_\_\_ pages.

b\. On or before \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, Defendant shall
file and serve a courtesy copy, on computer disk/CD formatted in
WordPerfect format, of consecutively numbered counter-findings of fact
and consecutively numbered counter-conclusions of law, corresponding to
the [same]{.underline} numbered findings of fact and conclusions of law
proposed by Plaintiff. Each proposed counter finding shall be supported
by clear and explicit reference to the parts of the record relied upon
to support it. Each proposed counter-conclusion shall be supported by
citation to appropriate authority. With the proposed counter-findings
and counter-conclusions Defendant also shall file and serve a brief in
support of judgment integrating the counter-proposed findings of fact
with the counter-proposed conclusions of law and demonstrating why the
relief requested by defendant should be granted. The supporting brief
shall not exceed \_\_\_\_\_\_ pages.

c\. Counsel shall specify in the proposed findings or proposed
counter-findings all facts to be proved at trial. Proof of facts not
specified may be excluded upon objection or by the Court *sua sponte*.

6\. **Joint Stipulations**. In addition to the above proposed findings
of fact and conclusions of law, the parties shall file consecutively
numbered [joint]{.underline} stipulations by
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_***. (10 days before trial) *** All
possible stipulations shall be made as to:

a\. Facts;

b\. Issues to be decided;

c\. The authenticity and admissibility of exhibits;

d\. Expert qualifications and reports; and

e\. Deposition testimony to be read into the record.

Counsel shall meet at a mutually convenient time and place to produce
the joint stipulation in time for filing as ordered.

7\. **Final Pretrial Conference**. A final pretrial conference shall be
held on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ at \_\_\_\_\_\_\_\_\_\_\_,
***(1 week before trial) ***in Courtroom 7C, 7^th^ Floor, United States
Courthouse, 700 Grant Street, Pittsburgh, Pennsylvania.

**B. Trial Procedure**

1\. **Hours**. Court is in trial session, unless otherwise ordered by
the Court, Monday through Thursday, 9:00 AM. to 4:00 PM. with breaks
where appropriate. **All counsel are expected to be in their seats and
ready to commence at the appointed times.**

2\. **Exhibits**. Because counsel will have previously marked and
exchanged all exhibits and provided a copy to the Court, it will not be
necessary during the trial to show exhibits to opposing counsel prior to
using them.

3\. **Approaching the Witness**. It will not be necessary for counsel to
request permission to approach a witness.

4\. **Opening and Closing Statements**. Up to thirty (30) minutes is
permitted to each side for opening and closing statements, depending on
the complexity of the case. Counsel may use exhibits or charts in
opening argument provided that the same have been provided to opposing
counsel beforehand and either agreement was reached or the Court has
ruled upon the matter.

5\. **Witness List.** Prior to the commencement of the trial, counsel
shall provide opposing counsel with a complete witness list, and shall
provide opposing counsel throughout the trial with the actual list of
the next day\'s witness by 5:00 PM. in the order they are expected to be
called. The same procedure will be employed by both sides at the end of
each trial day.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Arthur J. Schwab

United States District Judge

cc: All counsel of record as listed below