IN RE: 

IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF TENNESSEE 

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Administrative Order No. /.3;L - I 

COST AND DELAY 

REDUCTION PLAN 

ORDER 

Pursuant to 28 U. S. C. § 471, the Middle District of Tennessee hereby adopts the 

Cost and Delay Reduction Plan, attached hereto and incorporated by reference. The Plan 

shall be effective March 1, 1994. Until the effective date of the Plan, all current local 

rules, including but not limited to current Local Rule II, shall remain in full force and 

effect. 

It is so ORDERED. 

~ ROBERT L. ECHOLS 

United States District Judge 
THOMAS A. HIGGINS, District Judge, dissenting. 

I respectfully decline to sign the order adopting the proposed cost and delay 

reduction plan and related changes in the local rules, except as to the revision to Local 

Rule 8(b )(7). 

First, as a judicial officer of the United States appointed under Article III of the 

Constitution, I take exception to the description of the judicial function under the plan as 

that of a "case manager." This language has a ring to it as if reference is being made 

to the work of an employee in an agency of the Executive Branch. The Court is driving 

its geese to a poor market in adopting the "case manager" concept and terminology. 

In my judgment the present system is working. I am opposed to throwing out one 

system of rules for a new and untried system. I am of the firm belief that customized 

case management and the designation of one week per month as a "civil trial week" 

constitute a ticket to disaster for the docket of this Court, and will prove to slow down 

the disposition of civil litigation and not speed it up at less cost. 

I appreciate the effort and time expended by Mr. R. Dale Grimes and the 

members of the Civil Justice Reform Act Advisory Group for the Middle District of 

Tennessee. 

For the reasons stated, I dissent and decline to join in the Court's order. 

/ /~ -7 '71~ 1-r?r'I-~- Thomas A. Higgins • ;;;>' 

United States District Judge 
COST AND DELAY REDUCTION PLAN 

AND OPERATING PROCEDURES 

Middle District of Tennessee 

I. Customized Case Mana2ement 

A. Goals and Purpose 

Customized case management provides mandatory, Court-supervised, case 

management tailored to the individual needs of each case that is subject to the plan. The 

goal of customized case management is to reduce cost and delay of litigation in federal 

District Court, as mandated by the Civil Justice Reform Act, 28 U.S.C. §§ 471, et seq., 

and to accomplish the objectives set forth in Rule 16(a) of the Federal Rules of Civil 

Procedure, specifically, to expedite the disposition of the action; to establish early and 

continuing control so that the case will not be protracted because of lack of management; 

to discourage wasteful pretrial activities; to improve the quality of the trial through more 

thorough preparation; and to facilitate the settlement of the case. 

Management of cases is primarily and ultimately the responsibility of the lawyers 

acting in the best interests of their clients. Customized case management brings to bear 

the attention and resources of the Court in initiating case management, supervising its 

implementation and actively monitoring the progress of each case to assist the parties in 

achieving the most efficient planning, scheduling, and progression of the case. 

Customized case management will take the place of the scheduling order practice 

under current Local Rule 11 and will require the Court to be directly involved with 

counsel to assess the needs of each case and to develop a case management plan that 

tailors discovery to the needs of the case, schedules appropriate settlement conferences 

and sets efficient and realistic deadlines for the progress of the case. 

If the case should be resolved by dispositive motion, customized case management 

will provide for the efficient and expeditious resolution of the dispositive legal issue(s). 

If the case should be resolved by settlement, the Court will make available or recommend 

settlement techniques to be utilized at the appropriate time in the case. If the case will 

be resolved by trial, it will be set for trial at the time when all pretrial issues have been 

resolved and it is determined that settlement is unlikely; the trial date will then be set 

quickly and firmly. 

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B. Application of the Plan 

The Customized Case Management Plan is applicable to every civil action filed 

after the effective date of the Cost and Delay Reduction Plan, except those generally I}--

sQecifically exempted by local rule. Any case fil~d prior to the effective a e 0 e Cost 

and Delay Reduction Plan n:!.,!y .~~_~!!bjec.te.d~iOih~.Planoby specific. order of the presiding 

Judge. On a case-by-case basis, the £9urt may ~emp .. l.Jm.Y case from the operation of 

the customized case management plan, or it may extend the customized case management 

plan to include any otherwise exempt case. 

Coverage under the customized case manageme t plan IS rua.nd.a.illry_Ln~.~y~xy~ I1Q.I~~­

exe~prcase. Although parties may move the Court to p out of the plan, they are not 

permitted to opt out of the case management plan without Court approval. A case will 

not, however, be exempted from the customized case management plan unless it is 

determined that exemption will reduce the cost and delay in the case. 

By order entered in any case, the case manager or the Article III Judge may 

deviate from the Plan or alter any provisions of this Plan, when appropriate for the needs 

of the case and the administration of justice. 

The currently utilized procedures in such specialized cases as Title VII cases, 

prisoner cases, Social Security cases, and Bankruptcy appeals will be retained. 

k Designation and Role of Case Manager 

Unless otherwise exempted, each civil case will be assigned to a judicial officer ~ 

wi~ responsibility and authority for case .managez:nent, i.e., a case manager: The active 

Artlcle III Judge to whom cases are assIgned WIll elect whe +1e-M1Igrst·rate Judge 

randomly assigned to the case or the District Judge . '1I. serve as the case manager for \MA 

all of the'c'ases--assfg-nedt<YlharDtsrricrJudge-or-whether a Magistrate Judge will serve 

as the case manager on a case-by-case basis. The case manager will be responsible for 

assuring management of the case, including those matters listed in the local rule on 

customized case management. 

For those cases assigned to the Magistrate Judge to serve as case manager, the 

District Judge will delegate responsibility for deciding scheduling matters, discovery 

disputes, and all procedural but non-dispositive motions within the scope of 28 U.S.c. 

§ 636(a). 

To the extent that Article III Senior Judges are available in the division in which 

the case is filed, they may be designated as managers if they consent to such assignments. 

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Senior District Judges will be responsible for their own case management on the 

cases covered under the customized case management plan that are assigned to them. 

although, in the discretion of the Senior District Judge, any case may be assigned to a 

Magistrate Judge to serve as case manager on a case-by-case basis. 

D. Case Management Procedures 

1. Initial Case Management Conference ~ ___ ----~:o.~ .......... ") __ ~i-'""t-.;;-.' ~ .... "e'._· ...... __ ":_J. __ . ..J. ~ 

All cases covered under customized case management s,hall h,?ve at leas~. one e'!!jy 

status/case management conference. The first case management order will be entered by 

the case "filiinager;'scneouf[ng and outlining the purposes of the first case management 

conference. The cQn!ep.t~ of the case management oLQer will be Jeimred by the case J_ •• • • • '">' ••• ~ "_. __ • __ .",,:, ' •• ~ . ___ • ,_ -; ~ 2> 1fI~",,:-, ~ 

manager to the needs and complexh~ 'Of the,case. 'the first case management conference 

will be scheduled within 45 days of the filin of·t m I int. In some instances. the 

first case management conference may be- scheduled before all defendants have filed 

answers and, under appropriate circumstances, ~yen j>e scheduled before any .. -....-- -~'~ ' __ ""':" ~";'·,,",".J.30 ~"~_ ''' ''''' ~'''~ 

defendant has been served. Any party may move the Court to hold the initial case 

management conference earlier or later than the Court schedules it. 

Upon the filing of a complaint or notice of removal, the Clerk shall provide to the 

filing party a notice of the scheduled date for the initial case management conference. ~ 

with instructions that the filing party must serve the notice, along with the summons and ~J complaint. Each judicial officer will provide the Clerk a calendar., of dates on which that , 'J.k (§ 

judicial officer will hold initial case management conferences. If the case is assigned to _____ 

a District Judge \\Iho has chosen to designate the Ia.QQ()I)Jly .. a,ssjgrw,d_Magisfraie Judge 'ls r-' 

case manager for all cas~s ~ assign~d to that District Judge or~ if that Qi~trict judge jlas ' 

Ch~Dto be the ~ase.roanageLfQL':J.ll s.u~hcas es, the intakeclerkwilLprovide' tJ.l~pa~ty 

filing the complaint with a I}Qtic,e_..date "Ql the ini.tial case management Qnfe~g1ce with 

instructions that the filing party must serve the notice 011 the defendants with the 

summons --and complaint. If the District Judge has chosen to designate a case manager 

on a case-by-case basis, the initial case management conference will be scheduled beror ~ 

the District Judge, who may refer the case to a Magistrate Judge for case mtlnagement 

after the initial case management conference. ~'>i l\ 

C~~ ·red to confer, at the imtlative of the attorney for the .1'; , plaintiff""', b""'e£~o~r""' t;UheliWin ti 1 u.ca:l,js'!'!!! ""; na :"'!:: ::;t conference and to pre are a proposed case \ 

manag~mt;ntplan .to be submitted at the initial case management conference-fo cview 

ancCdiscussion with the case manage~. 

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2. Case Management Order 

A case management order will be entered after the iIJl.!.ial case managememj 

conference, and will set forth all deadlines and the s.co ery Ian for the progress-uflhc r:-

case. The parties are not allowed to stipulate amendments to the case management orders 

without the approval of the case manager. Any party may at any time file a motion to 

amend the case management order. 

The case management order will specify the time frames and/or deadlines for the 

filing of dispositive motions. The parties may file dispositive motions without leave of 

the case manager, as long as they are filed prior to the dispositive motion deadline 

contained in the case management order. The filing of any dispositive motion within the 

dispositive motion deadline but not specified in the case management order will have 

consequences for the progression of the case that will require case management. Thus, 

if the case management order does not specify that a particular dispositive motion will 

be filed but it is nonetheless filed before the deadline for filing dispositive motions, the 

case manager may, at his discretion, schedule a case management conference after the 

dispositive motion is filed. 

3. Subsequent Case Management C?~~ences J 

Subse u ~ c age-ment conferences will be ..scheduled in the ' case 

management order, depending upon and tailore9JQ,the ne~.Qs,,~n~SQ!J]P.l~Tuy-of.the case. 

In most cases, there will be more than one case management conference prior to the final 

case management conference. In p!,o!rac!ect. ~~~~, case management conferences may 

be warranted on a ~~~r.iQfiic..basis. 

4. Final Case Ma g,eroent C.onfe,r,eJ1ce 

A final case management conference will be held after completion of all stages 0-

the case t.o determine that all possibility of settlement has been exhausted and to set th 

case for trial. 

Discovery J 

1. Staging of Discovery ~\ ~L '. 

Jtro . ~ There will be no arbitrary discovery limits, but rather any limitations on the \",, ' 

number of interrogatories, document requests, or depositions will be based on the 

particular needs of each case. Discovery will be ~ged according to the needs of each L. "" <",0 

stage of the case (e.g., settlement, dispositive motions, and trial). If the case manager ~ I'Y 

determines that the discovery necessary for the parties' evaluation of the case for 

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settlement is less than that necessary for full trial preparation. discovery will be so . K'~' t \' r . limited and a settlement conference conducted before additional discovery is allowed .-

Similarly, once it is apparent that a dispositive issue exists and that a motion thereon will 

be filed, the case manager will determine if discovery can be limited to that issue and. ~ 

if so, no further discovery will be permitted before a ruling on the dispositive motion. / 

The Court elects to opt out of the mandatory disclosure requirements of Rule 26(a)( 1) of ~, 

the Federal Rules of Civil Procedure, effecti~e December I, 1993, for both those cases .. ~I~~:~: 

covered under and exempted from the customIZed case management plan. However, for t\sc-,'.V/(~I 

reasons sufficient to the case manager or Article III Judge, such disclosure requirements -., "~ ' 

m~y ~b~_~r~~E-e~J_gJl.a...cas.edJ~ase-basis . J c. i~ ,< 0)1 

2. SEYs of Discovery II ~ , / 

Absent special circumstances, during the pelli!ency of any dispositive motion filed \ fi(l~ :( 

in accordance with the case management order, discovery will be automaticall y' staycu. ~10.· 

A party seeking to engage in discovery during the pendency of a disposluve mOlion, 

including discovery necessary for the resolution of the motion, has the right to file a 

motion to lift the stay of discovery. Except for discovery necessary to the resolution of 

the dispositive motion, the Court will lift the automatic stay only under special 

circums tances. 

If a dispositive motion is filed that is not provided for in the case management 

order, there will be no automatic stay of discovery. Any party may file a motion to 

request that the case manager stay discovery during part or all of the pendency of such 

a motion. Upon the filing o(such a motion, the case manager may convene a conference 

with the parties or may rule on the motion without a conference. The case manager may 

stay discovery, upon the filing of a motion to stay, when the case manager finds that 

there is a substantial likelihood that a stay of di~covery will avoid unnecessary cost. 

3. Discovery Prior to Initial Case Management Conference 

Although discovery requests can be made prior to the initial case management 

conference, responses to discovery requests are not required prior to the initial case , management conference. At the initial case IIla.nag~ment conference, the case manager 

will determine what discovery should be provided, the extent to which it should be 

provided, and the timetable a!W deadlines for the .I?hases of discovery . 

A party seeking discovery responses prior to the initial case management 

conference must file a motion requesting such relief and serve it upon any other affected 

party. The case manager will not grant the motion absent compelling circumstances in 

order to maintain the integrity and efficacy of the case management process. 

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F. Dispositive Motion Practice 

As a general rule, whether or not the case manager is the Magistrate Judge. 

dispositive motions will be resolved in the first instance by the Artiel cJ 'e wi hout 

referra ~lS1Fa e e. / 

This portion of the Plan does not alter the current practIce of refernng £!Jsoner \ 

cases, Title VII cai~, and Social Security cas~s to Magistrate Judges. That practice will ~\\G ' <0 ' 

"be retained. jt ~ 

On very rare occasions, an Article III Judge or the case manager may identify 

cases, particularly those that involve review of an extensive factual record to determine 

the existence or absence of a genuine issue of material fact, as appropriate for referrall) , ,/ ,f.

to the Magistrate Judge for Report and Recommendation. In those cases, the Article III \\)~,',I) 

Judge will consider referrin dis ositi e otions to Ma i t &,.es, provided that \ ~<o 

undue dela does not occur sult of any sus l! referral. The Coun will strictly 

enforce current Local Rule 8(b)(7) as a means to eliminateeven the need for Magistrate 

Judge referral in factually complex cases. The referral of dispositive motions will not 

be used solely to assist in eliminating a backlog of cases. 

If the case manager is the Magistrate Judge, when a dispositive motion is filed. 

the Magistrate Judge will enter a noti~e Qf the filing of the dispositive motion, and will 

specify in such notice whether the dispositive 'motion I was provided for in the case 

management order, whether discovery hCJs been stayed, and whether there are any other 

factors that would require particularly expedited consideration of the dispositive motion. , ~Q1LThr:-<;~~rk sh()JlpreR.ar~ a list,.Cf ili.~ disp'~si_ti"e .~o.ttC?ns._p'~.~di1}R .. be[Q.[!!, each ( ~,t.v "l 

~ti:!:I!~ . .!.11.~ ~~s C?~ ~~ monthly basi~ . fC?~ circulation. within the Court. Such list will 1 vi i;~ _'L\' 

reflect dispOSItive motions under adVisement over 30 days, over 60 days, and over 90 rll 1> I 

days. Under this reporting system, a motion will be considered pending as soon as the ~ I 

last response or brief is filed. This reporting requirement is of particular importance to 

notify the Court of the pendency of the motions during which time discovery is stayed. 

At the initial case management conference, the parties and the case manager may V 

begin to target an appropri~tetriaLq~teora ~c:>nth in which the trial should be scheduled A1(il ' 

in the eventffie-case 'wilI 'go to trial. Subsequently, at such time as it appears highly r( r ,'/, .... 

likely that a trial will be necessary in the case, the case manager may schedule a firm ) 

trial date. Ordinarily a trial date will notbe scheduled until after at lea~t. the first Phasel \_ 

of discovery, after dispositive issues have been resolved, and after it .ap.p.6irs that 

settlement is unlikely. If the case manager determines that scheduling a trial date is a 

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necessary case management technique to move the case, a trial may be scheduled in any 

week not reserved exclusively for civil trials. As a general rule, however, a trial should 

not be scheduled during a civil trial week unless and until it is apparent that the case will 

proceed to trial. 

H. Implementation of Customized Case Management Plan 

1. The Court approves for publication the local rule on customized case 

management proposed by the Advisory Group. The current Local Rule 11 will be 

rescinded. 

2. The Court approves for publication the revision to Local Rule 8(b)(7) 

proposed by the Advisory Group. 

II. Alternative Dispute Resolution 

A. General Description 

The purpose of the Alternative Dispute Resolution Plan is to provide a mechanism 

by which the Court and the parties can consider alternative dispute resolution (ADR) 

techniques to aid in resolution of cases by settlement and thereby avoid the expense of 

trial and delay in adjudication. By use of earl ADR techniques, settlements can be 

facilitated early in the proceedings, thereby reducing otherwise unnecessary time and 

expense of protracted pretrial proceedings: including discovery and other pretrial 

preparation. 

The Alternativ, e, Dispute, Resolution Plan is app, Ucable to all civil cases filed in this f ~\\ 

District ... inclu~djng_._but 'on9t !Lrl]}~e9 to ~~se cases ,c~v~r.e4unger: the Cusromized ase . \~\v 

~~nag~!!!~nt Plan. - - C ~ ~~ 

B. Reference to Alternative Dispute Resolution Programs 

1. The case manager (or, in cases not covered under the customized case 

management plan, that the District Judge or Magistrate Judge assigned to the case) may 

re!=,_ cases for ~QY method ()f al ternativ" ~3:'!'le..les~l,,-ti()l!Jl~Q.yi"d.ed._~tth~ c;;;/;,; ~ ft 

:::::tl , /' / (J" i'.~" ~)~ '1 .. / 

Vi/A, I' 

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or without the consent of the parties. I 

2. The case manager (or, in cases not covered under the customized case 

management plan, that the District Judge or Magistrate Judge assigned to the case) may 

re ~ t'v is ute resolution programs not provided by the Court only with 

the co sen 0[. the...parties. --:;-~---- J 

Judicially~Conducted Settlement Conferences 

1. Applicability of Settlement Conferences 

Although the propriety of a settlement conference and/or other types of ADR will 

be discussed by the parties and the case manager in the case management conferences 

conducted in cases covered under the customized case management plan, settlement 

conferences will be available for any cases filed in this District. 

(a) If the case is covered under the customized case management plan, 

any party may request referral for a settlement conference in the course of a case 

management conference or by motion to the case manager, or the case manager may 

direct that the case be referred for a settlement conference. 

(b) If the case is not covered under the customized case management 

plan, any party may request referral for a settlement conference by motion directed to 

the Judge assigned to the case or the Judge may direct that the case be referred for a 

settlement conference. 

2. Settlement Judge 

Settlement conferences will be conducted by a District Judge or Magistrate Judge 

other than the case manager, if any, and other than the Judge to whom the case is 

assigned for trial, except when requested and agreed upon by the parties that tlle Judge 

to whom the case is assigned should handle the settlement conference or the Judge to 

whom the case is assigned deems it appropriate to preside over the settlement conference 

because of the exigencies of the case. The judicial officer to whom the case is assigned 

for a settlement conference shall be referred to as the "Settlement Judge." 

I In making such referrals without the consent of the parties, the Court will satisfy / 

itself that it is in compliance with the holding of the Court of Appeals for the Sixth 

Circuit in In re NLO. Inc., No. 93~3065 (September 17, 1993). 

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3. cP;ty Attendanc0 

(a) Except as specifically provided in sub-section (b) below, the case 

manager (or the Judge assigned to the case, if the case is not covered under the 

customized case management plan) or the Settlement Judge may order that representatives 

of the parties with settlement authority attend a settlement conference or be available by 

telephone.2 tP 

(b) If the United States is a party: 

(1) If the potential settlement lies within the discretion of the 

United States Attorney for this District or an agency or department of the United States, 

the case manager (or Judge assigned to the case, if the case is not covered under the 

customized case management plan) or the Settlement Judge may order that the 

government have available by telephone the United States Attorney or his designated 

representative with full authority or the representative of the agency or department of the 

United States with full settlement authority. 

(2) If the potential settlement requires approval of an agency or 

department of the United States, the attorney for the United States should be prepared to 

forward final offers to the appropriate agency or department official and to advise the 

Court of the expected decision time. 

4. c-Pa.:~ Stateme ts .-J 

The procedure for filing party statements prior to the settlement conference will 

essentially track the existing procedures already utilized in this District. 

(a) Each party shall deliver under seal to the courtroom deputy for Ule 

Settlement Judge an ex arte settlement conferen£~~_~ement, which specifies Ule 

settlement position of u1at party. 

(b) The settlement statement shall contain a candid assessment of the 

s!!.~1lll~9JyeAkn-1!SSeS of both SI es 0 e case, an appraisal of the issue of liability, 

an assessment of the economic cost of proceeding to trial, and a statement of Ule 

settlement authority extended by the client. 

2 The Court recognizes that, when parties are local and state governmental entities, 

it may be difficult or impossible for such parties to send representatives with full 

settlement authority. 

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5. 

No part of any of the contents of the discussions or any statements made or 

information provided to the Court and/or to any other party or counsel during a 

settlement conference shall be used by any party for any purpose outside of the settlement 

conference. Likewise, all disclosures made to the Settlement Judge will be kept in strict 

confidence. 

D. Implementation of Alternative Dispute Resolution Plan 

1. Creation of Alternative Dispute Resolution Committee 

The Court will create an Alternative Dispute Resolution Committee to consider 

potential uses of alternative dispute resolution on an ongoing basis. The Committee, 

composed of a District Judge, a Magistrate Judge, a representative of the Clerk's Office, 

and representatives from the bar, will help keep the Court abreast of potentially helpful 

alternative dispute resolution developments. 

2. The Court approves for publication the local rule on Alternative Dispute 

Resolution. 

III. SchedulinK Civil Trial Weeks 

A. General Description 

The goal of customized case management is the easier and earlier identification 

of those cases that are, and those cases that are not, ultimately going to go to trial. For 

those cases identified by the parties and by the case manager as definitely going to trial, 

the customized case management plan assumes that at that point (and not at the outset of 

the case) a firm and final trial date will be assigned to the parties. To effectuate that 

feature of the customized case management plan, it is essential to implement a 

calendaring plan that will permit cases to be scheduled and tried on firm trial dates. 

-------..., 

The intent of customized case management, however, is to provide flexibility to 

the Court in managing civil cases. Therefore, if the Court determines that scheduling a 

trial date before it is apparent that a trial will be needed is a necessary case management 

technique to move the case, a trial may be scheduled in any week not reserved 

exclusively for civil trials. As a general rule, a trial will not be scheduled during a civil 

trial week unless and until it is apparent that the case will proceed to trial. 

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B. Implementation of Calendaring Plan 

1. Designation of Civil Trial Weeks 

. Each active District Judge will desi na one_week!.eJ onth as aC civil t 'il 

week~ Durmg at wee ,cIvil trials will be scheduled with firm trial dates1'nd, ideally, 

there will be no interruption of the scheduled civil trial(s) by criminal or other matters, 

2. Number of Civil Trials to Be Scheduled During A "Civil Week" 

If a proposed civil trial is anticipated to 'be quite short (e.g., less than 10 hours), 

more than one civil trial may be scheduled during the civil trial week. Such cases will 

not be "double-set" in the formal sense of the word. Rather, these cases will be set 

"back-to-back," e.g" one trial set firmly to begin on Monday, and the second trial set 

almost equally firmly to begin on Wednesday or Thursday. 

3. Scheduling Civil Trials W.iih9ut a Firm Trial Date 

There may be some civil cases which will be given a "non-firm" trial date . Such I / 

a case might be one in which no out-of-town attorneys or witnesses or costly experts are l/ 

expected to appear. In such a case, the parties might opt for a quicker, but non-firm, trial 

date by electing to be set behind a criminal case in one of the other three non-" ci v iI tria I 

week" weeks available on the court's calendar. In addition, as a case management 

technique, the Court may schedule a trial date in a week not reserved exclusively for civil 

trials before it has been determined that a trial will be needed. 

4. Ne~d for Adjustmept in Scl1eduling .the Rest of Each Month 

Setting aside one week per month as a "civil trial week" will require some V 

adjustment of the Court's remaining schedule. Particularly in the early stages of 

implementation and experiment, some innovation in scheduling may be desirable. For 

example, should the Court become aware that an impending criminal trial is likely to be 

lengthy, i.e., longer than one week, the Court will attempt to avoid selting such a case 

in the week preceding the "civil trial week." In the event of a very lengthy criminal 

case, e.g., one likely to last several weeks, other accommodations may have to be made. 

The criminal case may be set specially or the civil trial week may have to be moved well 

in advance to another month, resulting in two civil trial weeks in that particular month. 

5. Monday Scheduling 

To make optimum use of the five-day week for firm civil trial settings, jury trials II 

scheduled during the "civil trial week" will begin on Monday. 

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6. Pooling Civil Trial Weeks 

To optimize juror utilization, the Judges will normally set their civil trial weeks 

in pairs, with two Judges scheduling their civil weeks at the same time. 

IV. Attorney Fees 

The Court expresses its conviction that it has the inherent author·1lI t.o egulate V 

attorneys fees, whether on a contingency or hourly basis and whether Court-awarded or 

oy pnvatecontract, but the Court does not perceive the need at this time to make a rule 

in !!tis re~~. The Court assumes that the bar will regU"iate itself in an effort to contain 

the cost of litigation. 

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