Local Rule Rule 16.2: Scheduling Order
D. Me. — Civil rule
Rule 16.2 Scheduling Order
(a) Issuance The Court will issue a proposed scheduling order in all cases except social security disability cases, habeas corpus petitions, bankruptcy appeals, and any other case or category of cases as the Court may order.
(b) Contents
(1) The proposed scheduling order will identify the case management track to which the case is assigned.
(2) In Standard Track cases, the proposed scheduling order will set deadlines to: serve initial disclosures under Federal Rule of Civil Procedure 26(a)(1); join other parties and amend the pleadings; file motions; disclose experts and complete discovery; and complete other pretrial preparation. The order will also set dates for the parties to exchange written settlement demands and responses and will identify the month in which the case should be ready for trial.
(3) In Standard Track cases, the proposed scheduling order will limit discovery for each separately represented party to: 30 interrogatories (subparts not permitted); 30 requests for admission; 2 sets of requests for the production of documents; and 5 depositions.
(4) In Complex Track cases, after discussion with the parties, the Court will enter a scheduling order that addresses discovery, motion practice, alternative dispute resolution (ADR), and any other matters discussed.
(5) In Administrative Track cases, the proposed scheduling order will establish deadlines to join other parties, amend the pleadings, and file motions. This order will also set dates for the parties to exchange written settlement demands and responses and will identify the month in which the case should be ready for trial.
(6) In Prisoner Civil Rights Track cases, the proposed scheduling order will set deadlines to: join other parties and amend the pleadings; file motions; complete discovery; and complete other pretrial preparation. This order will also set dates for the parties to exchange written settlement demands and responses and will identify the month in which the case should be ready for trial.
(7) In IDEA Track cases, after discussion with the parties, the Court will enter an order that addresses the administrative record, additional-evidence motion practice, and other matters.
(8) In ERISA Track cases, the proposed scheduling order will set deadlines to: file the administrative record; file motions to modify the administrative record, or for discovery, or both; amend the pleadings and join parties; and file motions for judgment on the record for judicial review.
(c) Timing The proposed scheduling order in Standard Track, Administrative Track, Prisoner Civil Rights Track, and ERISA Track cases will issue as soon as practicable but not later than 90 days after all defendants have been served with the complaint or 60 days after all defendants have appeared unless the Court finds good cause for delay. The scheduling order in Complex Track cases will issue after a conference with the Court at which discovery, motion practice, ADR, and other matters will be discussed. The scheduling order in IDEA Track cases will issue after a conference with the Court at which the administrative record, additional-evidence motion practice, and other matters will be discussed.
(d) Objections Unless a party files an objection to the proposed scheduling order within 21 days of its filing, or within 14 days of its filing in ERISA Track cases, the proposed order will become the scheduling order required by Federal Rule of Civil Procedure 16(b). A party wishing to alter any deadline or any discovery limitation of a scheduling order must file an objection to the scheduling order with a detailed explanation of the reasons for each requested alteration, request a scheduling conference with the Court, or both. The Court will promptly schedule a conference if it deems one necessary.