IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII

______________________,

Plaintiffs,

vs.

______________________,

Defendants.

________________________________	)

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)	CIVIL NO. ____________

PRETRIAL ORDER

PRETRIAL ORDER

This matter is before the Court pursuant to Federal Rule of Civil Procedure 16. The parties conferred and submit the following Pretrial Order.

I. APPEARANCES

Attorneys who will try the action:

For Plaintiff(s)	__________________________________________

__________________________________________

__________________________________________

For Defendant(s)	__________________________________________

__________________________________________

__________________________________________

For other parties	__________________________________________

__________________________________________

II. JURISDICTION AND RELIEF SOUGHT

A. Subject Matter Jurisdiction.

1. Was this action removed or transferred from another forum?

____Yes ____ No.

If yes, was the action removed or transferred?

_____Removed	_____Transferred

Original forum: _________________

2. Is subject matter jurisdiction of this Court contested?

_____Uncontested	_____Contested

Party contesting: _________________

3. Asserted basis for jurisdiction.

_____ Federal Question	_____ Diversity	_____ Other

Statutory Provision(s) Invoked: __________________________________

B. Personal Jurisdiction and Venue.

1. Is personal jurisdiction contested?

_____Uncontested	_____Contested

Party contesting personal jurisdiction and basis for objection:
____________________________________________________________

2. Is venue contested?

_____Uncontested	_____Contested

Party contesting:_________________

C. Are the proper parties before the Court?

_____Uncontested	_____Contested

Identify each missing party or improper party and the basis for the contention:_______________________________________________________

D. Identify the affirmative relief sought in this action.

1. Plaintiff seeks:

2. Defendant seeks:

3. Other party seeks:

III. BRIEF DESCRIPTION OF NATURE OF CLAIMS/DEFENSES

A. Plaintiff's claims:

B. Defendant's defenses: (A defendant claiming entitlement to qualified immunity must set forth with specificity the basis of the defense.)

C. Claims or defenses of other party(s): (Where counterclaims or cross-claims exist, also give brief description.)

IV. FACTUAL CONTENTIONS UNDERLYING CLAIMS/DEFENSES

A. Stipulated Factual Contentions.

The parties agree to the following facts listed separately below:

B. Contested Material Facts.

1. Plaintiff's Contentions:

2. Defendant's Contentions:

3. Contentions of Other Party(s):

V. APPLICABLE LAW

A. Do the parties agree which law controls the action?

_____Yes	_____No

If yes, identify the applicable law:_________________________________

If no, identify the dispute and set forth each party's position regarding the applicable law:

1. Plaintiff

2. Defendant

3. Other party

VI. CONTESTED ISSUES OF LAW

Identify the specific issues of law which are contested.

1. Plaintiff

2. Defendant

3. Other Party

VII. MOTIONS

A. Pending Motions (indicate the date filed):

1. Plaintiff

2. Defendant

3. Other party

B. Motions which may be filed:

1. Plaintiff

2. Defendant

3. Other party

The briefing must be complete and filed with the Court by _____________.

VIII. DISCOVERY

A. Has discovery been completed?	_____ Yes	_____ No

If no, discovery terminates on _______________________________.

B. Are there any discovery matters of which the Court should be aware?

IX. ANTICIPATED WITNESSES

Each party is under a continuing duty to supplement this list and the description of anticipated testimony. This does not, however, apply to a rebuttal witness. Indicate if the witness will testify in person or by deposition and include a brief description of the anticipated testimony. If the testimony is by deposition, identify the deposition by page number and line number. A witness who has not been identified and whose testimony has not been disclosed may not testify at trial unless good cause is shown.

A. Plaintiff's Witnesses:

1. Plaintiff will call or have available at trial the following witnesses:

2. Plaintiff may call the following witnesses:

B. Defendant's Witnesses:

1. Defendant will call or have available at trial the following witnesses:

2. Defendant may call the following witnesses:

X. OTHER MATTERS

A. Settlement Possibilities.

1. The possibility of settlement in this case is considered:

_____Poor	_____Fair	_____Good	_____Excellent _____Unknown

2. Do the parties have a settlement conference scheduled?

_____Yes	_____No	If yes, when:________________________

If a settlement conference has already been held, when:_______________

Would a follow-up settlement conference be beneficial?

_____Yes	_____No

3. Does either party wish to explore any alternatives for dispute resolution such as mediation or a summary jury trial?

If yes, identify: _____________________________________________

If no, explain why not:________________________________________

B. Length of Trial and Trial Setting.

1. This action is a	_____Bench trial	_____Jury Trial	_____Both

2. The case is set for trial on _________________________. If there is no setting, the parties estimate they will be ready for trial by __________________.

3. The estimated length of trial is ________ day(s).

XI. EXCEPTIONS

XII. MODIFICATIONS-INTERPRETATION

The Pretrial Order when entered will control the course of trial and may only be amended sua sponte by the Court or by consent of the parties and Court approval. The pleadings will be deemed merged herein.

The foregoing proposed Pretrial Order (prior to execution by the Court) is hereby approved this ______ day of _____________________, _____.

_______________________________________

Attorney for Plaintiff

_______________________________________

Attorney for Defendant

_______________________________________

Attorney for other parties (if any)

Dated: _____________________________

______________________________________

UNITED STATES MAGISTRATE JUDGE

_____________ v. ____________; Civil No. ____________; [Proposed] Pretrial Order