Local Rule LBR 7016-1: Pretrial Procedures

LBR 7016-1. Pretrial Procedures

(a) Counsel's Duty of Diligence. Counsel for parties and self-represented parties in an adversary proceeding must diligently take all steps necessary to bring the action to trial.

(b) Scheduling Conference.

(1) Conference Date and Time. Upon the filing of a complaint, the plaintiff must obtain a scheduling conference date and time from the court.

(2) Scheduling Conference Statement. Not later than 7 days before the scheduling conference, each party must file with the court and serve on all other parties a scheduling conference statement addressing the following subjects:

(A) A short statement of the nature of the case;

(B) A statement of jurisdiction with cited authority for jurisdiction and a short description of the facts conferring venue, and a statement whether the pleader does or does not consent to entry of final orders or judgment by the bankruptcy court;

(C) Whether a jury trial has been demanded;

(D) A statement addressing the appropriateness, extent, and timing of disclosures pursuant to Fed. R. Civ. P. 26 that are not covered by the report(s) filed pursuant to Fed. R. Civ. P. 26(f);

(E) A list of discovery completed, discovery in progress, motions pending, and hearing dates;

(F) A statement addressing the appropriateness of any of the special procedures or other matters specified in Fed. R. Civ. P. 16(c) that are not covered by the joint report filed pursuant to Fed. R. Civ. P. 26(f);

(G) A statement identifying any related case, including pending cases as well as cases that have been adjudicated or have otherwise been terminated, in any state or federal court; and

(H) Additional matters at the option of counsel.

(3) Attendance. All parties receiving notice of the scheduling conference must attend and be prepared to discuss the items listed under paragraph (2) of this rule and the following:

(A) Service of process on parties not yet served;

(B) Jurisdiction and venue;

(C) Anticipated motions; including Daubert motions, and deadlines as to the filing and hearing of motions;

(D) Appropriateness and timing of motions for dismissal or for summary judgment under Fed. R. Civ. P. 12 or 56;

(E) Deadlines to join other parties and to amend pleading;

(F) Anticipated or remaining discovery, including discovery cutoff;

(G) The control and scheduling of discovery, including orders affecting disclosures and discovery pursuant to Fed. R. Civ. P. 26-37;

(H) Further proceedings, including setting dates for pretrial and trial;

(I) Appropriateness of special procedures, such as consolidation of actions for discovery or pretrial;

(J) Modification of the standard pretrial procedures specified by this rule on account of the relative simplicity or complexity of the action or proceeding;

(K) Prospects for settlement, including participation in the court's mediation program or any other alternative dispute resolution process; and

(L) Any other matters that may be conducive to the just, efficient, and economical determination of the action or proceeding, including any of the matters specified in Fed. R. Civ. P. 16(c).