Local Rule LR 26.1: CONFERENCE OF THE PARTIES UNDER FED. R. CIV. P. 26(f); REPORT; PROTECTIVE ORDERS

LR 26.1 CONFERENCE OF THE PARTIES UNDER FED. R. CIV. P. 26(f); REPORT; PROTECTIVE ORDERS

(a) Conference Content. At the Rule 26(f) conference, the parties must discuss:

(1) the matters specified in Fed. R. Civ. P. 26(f);

(2) the matters specified in the notice of the initial pretrial conference and in any applicable order; and

(3) the matters specified in the Rule 26(f) Report and Proposed Scheduling Order Form.

(b) Rule 26(f) Report and Proposed Scheduling Order.

(1) Timing. Within 14 days of the Rule 26(f) conference, the parties must file a joint Rule 26(f) report and proposed scheduling order.

(2) Form. Unless the court orders otherwise, the parties must use the Rule 26(f) Report and Proposed Scheduling Order Form.

(3) Disagreements. If the parties disagree about an aspect of a proposed scheduling order, each party must set forth its separate proposal with respect to the area of disagreement in the joint Rule 26(f) report and proposed scheduling order.

(c) Protective Order.

(1) Proposed Order. If a party believes that a protective order to govern discovery is necessary, the parties must jointly submit a proposed protective order as part of the joint Rule 26(f) report and proposed scheduling order required under LR 26.1(b).

(2) Form. The court encourages, but does not require, the parties to use the Stipulation for Protective Order Form.

(3) Disagreements. If the parties disagree about an aspect of a proposed protective order, the parties must submit a joint report identifying their areas of disagreement. This joint report may be — but is not required to be — separate from the parties' joint Rule 26(f) report.

(d) Request for Early Rule 26(f) Conference.

(1) Right to Request a Conference. Any party may request a Rule 26(f) conference before the date on which Rule 26(f) requires the conference to be held.

(2) Mandatory Attendance.

(A) If all parties have been served, the non-requesting parties must attend a conference requested under LR 26.1(d)(1) if:

(i) the request is made in writing at least 14 days before the requested date for the conference; and

(ii) the request is made at least 30 days after each defendant has answered, pleaded, or otherwise responded in the action.

(B) If some parties have not been served, the non-requesting parties who have been served must attend a conference requested under LR 26(d)(1) if:

(i) the request is made in writing at least 14 days before the requested date for the conference;

(ii) the request is made at least 30 days after the parties that have been served have answered, pleaded, or otherwise responded in the action; and

(iii) significant delay is expected to occur before the remaining parties will be served.

(3) Failure to Attend. If a party fails to attend a conference requested under LR 26(d)(1), the court may impose appropriate sanctions under Fed. R. Civ. P. 37(f).

(4) Right to Reschedule. A party may make a reasonable request to reschedule a conference requested under LR 26(d)(1) to a date within 14 days of the date initially requested for the conference. A party that makes such a request to reschedule is not required to attend the conference on the date initially requested.

[Adopted effective November 1, 1996; amended January 3, 2000; amended August 31, 2001; amended December 1, 2009; amended July 23, 2012; amended April 1, 2017]