Local Rule RULE 7016-1: PRETRIAL PROCEDURES: SCHEDULING CONFERENCES, SETTLEMENT CONFERENCES, AND ALTERNATIVE DISPUTE RESOLUTION

RULE 7016-1 PRETRIAL PROCEDURES: SCHEDULING CONFERENCES, SETTLEMENT CONFERENCES, AND ALTERNATIVE DISPUTE RESOLUTION A. Scheduling. Scheduling conferences may be conducted in adversary proceedings brought pursuant to Bankruptcy Rule 7001 and in contested matters brought pursuant to Bankruptcy Rule 9014. As soon as the case or proceeding is at issue, the Court may schedule any conference it deems appropriate. Whether or not any such conference is held, the Court may enter a scheduling order governing amendments, dispositive motions, discovery, the final pretrial order, trial or hearing dates, and any other appropriate matters.

B. Preparation for Conferences. Prior to any conference, trial counsel for each of the parties must confer and exchange all then known exhibits and other material which may be offered in evidence, and a list of all then known witnesses. It is the duty of counsel for plaintiff or movant to arrange this conference. All other counsel must provide full cooperation for this and any subsequent meetings of counsel. Additional exhibits or witnesses must be exchanged promptly once they become known.

C. Agenda at Conferences. Counsel who will conduct the trial or hearing and pro se parties must attend all conferences and be prepared to discuss, to the extent appropriate, all of the following:

1. Whether or not the proceeding is a core proceeding;

2. If it is not a core proceeding, whether or not the parties consent that the Bankruptcy Judge hear and determine the matter and enter appropriate orders and judgments;

3. Eliminations of unnecessary claims or defenses;

4. Possibility of stipulations and admissions of facts;

5. Elimination of unnecessary and cumulative evidence;

6. Identification of witnesses and documents, the scheduling of pretrial motions, discovery cut-off, trial briefs, proposed findings of fact and conclusions of law, and the trial date;

7. The possibility of settlement;

8. Disposition of any pending matters;

9. Need for specific procedures in difficult or protracted cases;

10. Any unusual or unique legal issues; and 11. Any other appropriate matters.

D. Preparation of the Final Pretrial Order. Unless otherwise ordered, counsel for the plaintiff or movant is responsible for initially preparing, circulating, and submitting to the Court the final pretrial order (Local Form 7016-1) in adversary proceedings. Opposing counsel shall cooperate fully in the preparation of the order. The final pretrial order shall be submitted to the appropriate Judge for approval no later than five (5) business days prior to the scheduled trial or hearing, unless otherwise provided for in any scheduling order.

E. Sanctions. Failure to appear at a conference, appearance at a conference unprepared, or failure to cooperate in good faith with opposing counsel may result in the imposition of sanctions. Possible sanctions include, without limitation: dismissal of complaints; striking of documents; entry of preclusion orders; orders staying the proceeding; default judgment or order; assessment of expenses, costs, and fees against either a party or counsel; or, such other order as the Court may deem appropriate.