Local Rule LR 16.1: Case Management and Track Assignment

LR 16.1 - Case Management and Track Assignment a. Case Management. This Court follows a system of differentiated case management which provides for the management of cases based on case characteristics to ensure an appropriate level of judicial, staff, and attorney attention. This system requires the Court and attorneys for the parties to assess the complexity of the case and necessary discovery and assign a track as set forth in LR 16.1(b). Each track employs a case management plan tailored to the general requirements of similarly situated cases and allows for the adjustment of the initial track assignment, if needed.

b. Tracks, Evaluation, and Assignment of Cases. 1. Types of Tracks. A. "Expedited" - Cases on the Expedited Track are expected to be completed within six (6) months or less after CMC, and will have a discovery cut-off no later than sixty (60) days prior to trial. Discovery guidelines for this track include interrogatories limited to fifteen (15) single-part questions; fifteen (15) requests for admission; depositions of the parties; depositions on written questions of custodians of business records for non-parties; no more than one (1) fact witness deposition per party without prior approval of the Court; and such other discovery, if any, as may be provided for in the Case Management Scheduling Order. B. "Standard" - Cases on the Standard Track are expected to be completed within twelve (12) months or less after CMC, and will have a discovery cut-off no later than sixty (60) days prior to trial. Discovery guidelines for this track include interrogatories limited to thirty (30) single-part questions; thirty (30) requests for admission; depositions of the parties; depositions on written questions of custodians of business records for non-parties; no more than three (3) fact witness depositions per party without prior approval of the Court; and such other discovery, if any, as may be provided for in the Case Management Scheduling Order. C. "Complex" - Cases on the Complex Track will have the discovery cut-off established in the Case Management Scheduling Order and are expected to be completed within eighteen (18) months. Discovery guidelines for this track include interrogatories limited to fifty (50) single-part questions; fifty (50) requests for admission; depositions of the parties; depositions on written questions of custodians of business records for non-parties; and such additional depositions and discovery to be set at the case management conference.

2. Evaluation and Assignment of Cases; Criteria. The Court will consider and apply the following factors in assigning cases to a particular track: A. Expedited Track: i. Legal Issues: Few and clear ii. Required Discovery: Limited iii. Number of Real Parties in Interest: Few iv. Number of Fact Witnesses: Up to five (5) v. Expert Witnesses: None vi. Likely Trial Days: Less than five (5) vii. Suitability for ADR: High viii. Character and Nature of Damage Claims: Usually a fixed amount. B. Standard Track: i. Legal Issues: More than a few, some unsettled ii. Required Discovery: Routine iii. Number of Real Parties in Interest: Up to five (5) iv. Number of Fact Witnesses: Up to ten (10) v. Expert Witnesses: Two (2) or three (3) vi. Likely Trial Days: Five (5) to ten (10) vii. Suitability for ADR: Moderate to high viii. Character and Nature of Damage Claims: Routine C. Complex Track: i. Legal Issues: Numerous, complicated, and possibly unique ii. Required Discovery: Extensive iii. Number of Real Parties in Interest: More than five (5) iv. Number of Fact Witnesses: More than ten (10) v. Expert Witnesses: More than three (3) vi. Likely Trial Days: More than ten (10) vii. Suitability for ADR: Moderate viii. Character and Nature of Damage Claims: Usually requiring expert testimony.

c. Assertive Judicial Management. The judge will manage the pretrial activity of the case through direct involvement in the establishment, supervision, and enforcement of a Case Management Scheduling Order and by setting status conferences as deemed necessary. See LR 16.3. The judge will: 1. Timely convene and conduct a case management conference (CMC). See LR 16.2. During the conference, the Court will address motion deadlines, conference dates, track assignment, alternative dispute resolution ("ADR") and discovery. 2. Following the CMC, the Court will issue a Case Management Scheduling Order, which establishes the trial date, conference dates, track assignments and deadlines. See LR 16.3.