Local Rule RULE 16.2: SCHEDULING CONFERENCE AND ORDER

RULE 16.2 SCHEDULING CONFERENCE AND ORDER

(A) Cases Covered.

The Court shall hold a scheduling conference as soon as practicable, but unless the judge finds good cause for the delay, within the earlier of 90 days after any defendant has been served with the complaint or 60 days after any defendant has appeared in all civil cases pursuant to Federal Rule of Civil Procedure 16 to establish a scheduling order to govern case management except:

(1) Claims for relief within the admiralty and maritime jurisdiction as set forth in Fed. R. Civ. P. 9(h) and the Supplemental Rules for Certain Admiralty and Maritime Claims;

(2) Social Security cases filed under 42 U.S.C. § 405(g);

(3) Applications for writ of habeas corpus under 28 U.S.C. § 2254;

(4) Applications for review of sentence under 28 U.S.C. § 2255;

(5) Petitions brought by the United States to enforce a summons of the Internal Revenue Service;

(6) Appeals from rulings of a bankruptcy judge;

(7) Appeals from judgments of a United States magistrate judge;

(8) Naturalization proceedings filed as civil cases or proceedings to cancel or revoke citizenship;

(9) Requests for temporary retraining orders;

(10) Proceedings in bankruptcy;

(11) Proceedings to compel the giving of testimony or production of documents under a subpoena or summons issued by an officer; agency, or instrumentality of the United States not authorized to compel compliance;

(12) Proceedings to compel the giving of testimony or production of documents in this district in connection with discovery, or for perpetuation of testimony, for use in a matter pending or contemplated in a district court of another district;

(13) Proceedings for the temporary enforcement of orders of the National Labor Relations Board;

(14) Actions to enforce out-of-state judgments;

(15) Cases in which no service upon defendant(s) has been effected within 120 days of filing of the complaint;

(16) Other cases in which the court's review of the file indicates that the burden of a scheduling conference would exceed the administrative efficiency to be gained

(17) The presiding judge may order a scheduling conference in any case.

(B) Order.

At the conclusion of the scheduling conference, the presiding judge will enter an order setting forth the time limits as established at the conference. A copy of the order will be provided by the clerk of this court to each of the parties or their counsel.

(C) Scheduling by Telephone Conference.

The scheduling conference may be held by a telephone conference call or the court may require personal appearance. Lead counsel must participate in the scheduling conference or inform the clerk of this court of substitute counsel before the time set for the conference. Whoever participates on behalf of a party is expected to be prepared to address the matters contemplated by the scheduling order and have full authority to bind the party as to such matters.

(D) Dates.

The parties and their counsel are bound by the dates specified in the scheduling order absent a finding of due diligence and good cause for changing said dates.

(E) Scheduling Order.

The scheduling order will contain certain deadlines for the following:

(1) Amendment of pleadings;

(2) Joinder of additional parties;

(3) Disclosure of expert witnesses;

(4) Completion of discovery;

(5) Filing of dispositive motions.

revised 04/2016