Local Rule 7016-1: PRETRIAL PROCEDURES

RULE 7016-1 PRETRIAL PROCEDURES

(a) Initial Pretrial Conference. The clerk must notify the parties of the date, time, and place of the initial pretrial conference required under Fed. R. Civ. P. 16(b), made applicable under Fed. R. Bankr. P. 7016. Parties' attorneys and unrepresented parties must attend the initial pretrial conference unless the court strikes the conference from its calendar.

(b) Initial Scheduling Order. After the parties file the Report of Parties' Planning Meeting required under Fed. R. Civ. P. 26(f)(2) - (3), made applicable by Fed. R. Bankr. P. 7026 and Local Rule 7026-1(a), or after the conclusion of the initial pretrial conference, the court will enter an initial scheduling order in accordance with Fed. R. Civ. P. 16(b), made appliable by Fed. R. Bankr. P. 7016.

(c) Expedited Trial.

(1) The parties may request or the court may order that a trial be scheduled on an expedited basis if the amount in controversy is $50,000 or less. Parties requesting an expedited trial must make an election in the Report of Parties Planning Meeting at Local Form 7026-1.

(2) Unless otherwise ordered by the court during the initial pretrial conference, a request for an expedited trial constitutes a stipulation by each of the parties to the following procedures and limitations:

(A) The period to complete fact discovery shall be limited to no more than 120 days from the date of the initial pretrial conference.

(B) Fact discovery shall be limited to: (i) no more than three (3) deposition hours per side; (ii) no more than five (5) requests for production or inspection under Fed. R. Civ. P. 34; (iii) no more than five (5) interrogatories under Fed. R. Civ. P. 34 per side; and (iv) no more than two (2) requests for admission under Fed. R. Civ. P. 36.

(3) The parties may not file motions for summary judgment, motions for judgment on the pleadings or motions to dismiss for failure to state a claim.

(4) The trial will be to no more than six hours on the record, with each of the parties afforded roughly equal time.

(d) Proposed Final Pretrial Order. A proposed final pretrial order to be considered at a final pretrial conference under Fed. R. Civ. P. 16(e), made applicable by Fed. R. Bankr. P. 7016, must be in a form that substantially complies with Local Form 7016-1.