Local Rule LR16.4: Pretrial Conference.

LR16.4. Pretrial Conference.

(a) In General.

A pretrial conference shall be held on the date and at the time scheduled. The agenda for the pretrial conference shall consist of matters covered by Fed. R. Civ. P. 16 and any other matter germane to the trial of the action or proceeding. Each party (other than a pro se party) shall be represented at the pretrial conference by counsel having authority with respect to all matters on the agenda, including settlement of the action or proceeding.

The judge may make such pretrial order or orders at or following the pretrial conference as may be appropriate and such order shall control the subsequent course of the action or proceeding as provided in Fed. R. Civ. P. 16.

(b) Contents of Pretrial Statement.

At the time set by the scheduling conference order under LR16.3, the parties shall serve and file separate pretrial statements, with Mandatory Chambers Copies, to the judges assigned to the case. The pretrial statements shall address the following:

(1) Party.

The name of the party or parties on whose behalf the statement is filed.

(2) Jurisdiction and Venue.

The statutory basis of federal jurisdiction and venue, and a statement as to whether any party disputes jurisdiction or venue.

(3) Substance of Action.

A brief description of the substance of the claims and defenses presented.

(4) Undisputed Facts.

A plain and concise statement of all material facts not reasonably disputable. Counsel are expected to make a good faith effort to stipulate to all facts not reasonably disputable for incorporation into the trial record without the necessity of supporting testimony or exhibits.

(5) Disputed Facts.

A plain and concise statement of all disputed factual issues.

(6) Relief Sought.

A detailed statement of the relief claimed, including a particularized itemization of all elements of damages claimed.

(7) Points of Law.

A concise statement of each disputed point of law with respect to liability and relief, with reference to statutes and decisions relied upon. Extended legal argument is not to be included in the pretrial statement.

(8) Previous Motions.

A list of all previous motions made in the action or proceeding and their dispositions.

(9) Witnesses to be Called.

A list of all witnesses likely to be called at trial, except for impeachment or rebuttal, together with a brief statement following each name describing the substance of the testimony to be given.

(10) Exhibits, Schedules, and Summaries.

A list of all documents and other items to be offered as exhibits at the trial, except for impeachment or rebuttal, with a brief statement following each, describing its substance or purpose and the identity of the sponsoring witness.

(11) Further Discovery or Motions.

A statement of all remaining discovery or motions.

(12) Stipulations.

A statement of stipulations requested or proposed for pretrial or trial purposes.

(13) Amendments, Dismissals.

A statement of requested or proposed amendments to pleadings or dismissals of parties, claims, or defenses.

(14) Settlement Discussion.

A statement summarizing the status of settlement negotiations and participation in any alternative dispute resolution process, indicating whether further participation or negotiations are likely to be productive.

(15) Agreed Statement.

A statement as to whether presentation of the action or proceeding, in whole or in part, upon an agreed statement of facts is feasible and desired.

(16) Bifurcation, Separate Trial of Issues.

A statement as to whether bifurcation or a separate trial of specific issues is feasible and desired.

(17) Reference to Master or Magistrate Judge.

A statement as to whether reference of all or a part of the action or proceeding to a master or magistrate judge is feasible and agreeable.

(18) Appointment and Limitation of Experts.

A statement as to whether appointment by the court of an impartial expert witness, and whether limitation on the number of expert witnesses, is feasible and desired.

(19) Trial.

A statement of the scheduled or, if not scheduled, requested trial date, and, if trial is to be by jury, a statement that a timely request for a jury trial is on file in the action.

(20) Estimate of Trial Time.

An estimate of the number of court days expected to be required for the presentation of each party's case. Counsel must make a good faith effort to reduce the time required for trial by all means reasonably feasible, including stipulations, agreed statements of facts, expedited means of presenting testimony and exhibits, and the avoidance of cumulative proof.

(21) Claims of Privilege or Work Product.

A statement indicating whether any matter otherwise required to be stated by this rule is claimed to be covered by the work product doctrine or any privilege. Upon such indication, such matters may be omitted subject to further order at the pretrial conference.

(22) Miscellaneous.

Any other subjects relevant to the trial of the action or proceeding, or material to its just, efficient, and economical determination.