Local Rule LR 16.2: Case Management Conference

LR 16.2 - Case Management Conference a. Order Setting Case Management Conference ("CMC"). Except for cases listed in subsection (e) of this rule or when there is good cause for delay, the Court will issue an order, within fourteen (14) days, after any defendant has appeared, setting a CMC which will take place approximately thirty-five (35) days after the order is issued. When appropriate, the order setting the CMC will include the Court's tentative track assignment.

b. Pre-CMC Requirements. In accordance with Fed. R. Civ. P. 26(f), the parties must confer at least 21 days before the CMC and must file a joint case management statement not less than seven (7) days prior to the date set for the Case Management Conference.

c. Joint Case Management Statement; Content. Counsel for all parties will be required to file a joint written statement that specifically addresses all matters critical to the development of a realistic and efficient case management plan, including: 1. whether any issue exists regarding venue or jurisdiction over the subject matter or the person; 2. whether all parties have been properly designated and served; 3. whether any party expects to add additional parties or claims or otherwise amend the pleadings; 4. whether any question exists concerning appointment of a guardian ad litem, next friend, administrator, executor, receiver, or trustee; 5. the parties' discovery plan, specifically all subjects listed in Fed R. Civ. P. 26(f)(3); 6. the advisability of the use of a court-appointed expert or master to aid in the administration of the case; 7. the status of settlement negotiations, including the prospect of disposition without trial through any process, and the advisability of formal mediation or an early dispute resolution conference (see LR 16.4(a)-(b)); 8. whether a trial by jury has been demanded in a timely fashion; 9. any other matter which may be conducive to the just, efficient, and economical determination of the proceedings, including the definition or limitation of the issues.

d. Representation at CMC by Attorney with Authority to Bind. Pursuant to Fed. R. Civ. P. 16(c), the attorney for a party participating in a Case Management Conference or any other pretrial conference must have authority to enter into stipulations and to make admissions for the efficient administration of the case including all matters listed in Fed. R. Civ. P. 16(c)(2).

e. Exemptions from Case Management Conference and Scheduling Orders At the discretion of the judge assigned to the case, case management conferences generally will not be set and scheduling orders will not issue for the following categories of cases: 1. Habeas corpus petitions; 2. Cases reviewing administrative rulings; 3. Social security cases; 4. Default proceedings; 5. Actions to enforce judgments; 6. Cases in which a number of defendants have not yet appeared; and 7. Cases in which there is a pending motion and the Court determines that a CMC will not promote expeditious and economical litigation (good cause) until the Court rules on the motion.