Local Rule 7016-1: Fed. R. Civ. P. 16 Scheduling Conference

Rule 7016-1 Fed. R. Civ. P. 16 Scheduling Conference.

In any adversary proceeding, the pretrial conference scheduled in the summons and notice issued under Local Rule 7004-1 shall be deemed to be the scheduling conference under Fed. R. Civ. P. 16(b).

(a) Attorney Conference Prior to Scheduling Conference. The attorneys for all parties must confer at least 7 days prior to the Fed. R. Civ. P. 16(b) scheduling conference to discuss:

(i) The nature of the case;

(ii) Any special difficulties that counsel foresee in prosecution or defense of the case;

(iii) The possibility of settlement;

(iv) Any requests for modification of the time for the mandatory disclosure required by Fed. R. Civ. P. 16(b) and 26(f); and

(v) The items in Local Rule 7016-1(b).

(b) Scheduling Conference. At the Fed. R. Civ. P. 16(b) scheduling conference, the Court may consider, in addition to the items specified in Fed. R. Civ. P. 16(b) and 16(c), the following matters:

(i) The schedule applicable to the case, including a trial date, if appropriate;

(ii) The number of interrogatories and requests for admissions to be allowed by any party and the number and location of depositions;

(iii) How discovery disputes are to be resolved;

(iv) The briefing practices to be employed in the case, including what matters are or are not to be briefed and the length of briefs;

(v) The possibility of settlement;

(vi) Whether the matter could be resolved by voluntary mediation or binding arbitration; and

(vii) Timing and procedures for any party's motion for relief contemplated by Fed. R. Bankr. P. 7016(b).

(c) Attendance at Scheduling Conference. Unless otherwise permitted by the Court, the conference described in Local Rule 7016-1(b) will be an in-person conference. Counsel who expect to have a significant role in the prosecution or defense of the case are required to attend the conference.

(d) Written Discovery Plan and Scheduling Order. Unless otherwise ordered by the Court, the parties are not required to file a written discovery plan as provided under Fed. R. Civ. P. 26(f). Plaintiff must file a proposed scheduling order by no later than 3 days prior to the conference described in Local Rule 7016-1(b). Any other party may file a proposed scheduling order by no later than 1 day before such conference.

(e) Omnibus Procedures or Scheduling Orders. A request for entry of an omnibus procedures or scheduling order in multiple adversary proceedings must be made by motion and will not be considered by the Court prior to the date of the conference described in Local Rule 7016-1(b), absent a showing of good cause.

(f) Notification of Intent to File Fed. R. Bankr. P. 7016(b) Motion. Any party that has not consented to, or waived its right to, contest the authority of the Court to enter final orders or judgments must, to the extent reasonably practicable, notify the Court at the conference described in Local Rule 7016-1(b) of such party's intent to file a motion as contemplated by Fed. R. Bankr. P. 7016(b) and the relief the party intends to seek.