Local Rule Rule 16: Pretrial Conferences; Scheduling; Management

RULE 16 PRETRIAL CONFERENCES; SCHEDULING; MANAGEMENT

(a) Scheduling Conference.

A Scheduling Conference may be ordered by a judicial officer. Counsel shall be fully prepared to discuss, among others:

(4) jurisdictional issues;

(5) questions concerning joinders of parties or claims;

(6) amendments to the pleadings;

(7) material factual contentions and the applicable rules of law;

(8) framing of stipulations concerning factual admissions and documents with respect to which there will be no discovery so as to avoid unnecessary proof;

(9) the time reasonably required for completion of discovery;

(10) the time estimated for filing and disposition of pending or reasonably anticipated motions;

(11) the desirability of separation of issues and limits on discovery, including issues regarding discovery of electronically stored information;

(12) pending or contemplated related actions;

(13) the need to adopt special procedures for managing potentially difficult or protracted actions that may involve complex issues, multiple parties, difficult legal questions or unusual evidentiary problems;

(14) the possibility of settlement or pretrial adjudication;

(15) anticipated dates for the pretrial conference and trial;

(16) whether the parties consent to magistrate judge jurisdiction.

(b) Certificate of Readiness for Pretrial Conference.

Any party may move to proceed for a pretrial conference provided the motion is accompanied by a certificate of readiness, indicating that:

(1) the action is at issue as to all parties;

(2) it has completed all desired depositions, other discovery, and pretrial motions;

(3) it has met all obligations with respect to depositions, requests for discovery or motions initiated by other parties;

(4) it is ready for pretrial conference and trial.

(c) Proposed Pretrial Order.

A pretrial conference shall be held not less than fourteen (14) days prior to the scheduled trial date, unless the court provides otherwise. At least fourteen (14) days prior to the pretrial conference date, at plaintiff's counsels' initiative, counsel for each party shall meet in order to prepare a proposed Pretrial Order, to be filed with the court at least seven (7) days before the pretrial conference, containing the following information:

(1) the names, mailing and email addresses, and telephone and facsimile numbers of all attorneys involved in the litigation;

(2) a brief factual statement of each party's claim or defense, as the case may be, including an itemized statement of any damages claimed;

(3) a brief statement of the party's contentions with respect to any controverted material fact, contested issue of law, including evidentiary questions, together with supporting authority;

(4) proposed stipulations concerning facts and documents which are not in substantial dispute;

(5) the names and addresses of all witnesses the party intends to call at trial, other than those to be used for impeachment and rebuttal, including a brief statement of each witnesses' testimony. In the absence of a stipulation, the disclosure of a witness shall not constitute a representation that the witness will be produced or called at trial;

(6) a list of the documents and items each party intends to offer as evidence at trial, sufficiently describing each document or item for ready identification, identifying those whose admissibility is stipulated or contested, together with supporting authority for the objection. Objections not specified in the pretrial conference or the proposed pretrial order shall be deemed waived.

(A) documents and items to be presented by the plaintiff(s) shall be marked as "Exhibit" if stipulated or as "Identification" if not stipulated in numerical order beginning with the number "1";

(B) documents and items to be presented by the defendant(s) shall be marked as "Exhibit" if stipulated and as "Identification" if not stipulated in alphabetical order beginning with the letter "A". Letters C, I, V and X shall not be used;

(C) documents and items to be presented jointly by the parties shall be marked as "Exhibit" in Roman numerals, beginning with Roman Numeral I;

(D) documents and items as to which privilege, attorney work-product, or other confidentiality claim is yet to be determined may refer to the document or item in general terms, and present any substantiated claim of privilege or confidentiality to the court;

(7) a list of all the expert witnesses to be presented at trial for each party, including a brief statement of each expert witnesses' testimony;

(8) a statement by each party about claims or defenses that are deemed waived or abandoned;

(9) a list of all pending motions;

(10) an estimate of the number of days required for each party's presentation of its case at trial;

(11) if one has not already been set by the court, a suggested date for commencement of trial, including a statement by each party as to potential problems concerning attendance of parties, counsel, or essential witnesses, or any other matter pertinent when scheduling the trial;

(12) whether the parties consent to full jurisdiction by a magistrate judge, including the entry of judgment.

(d) Pretrial Conference.

At the pretrial conference the court will consider: the proposed Pretrial Order, the pleadings and papers on file, all pending motions and other proceedings, and any other matter referred to in this rule or in Fed. R. Civ. P. 16 which may be applicable.

Unless not represented by or excused for good cause, parties shall be represented at the pretrial conference by counsel who is to conduct the trial on their behalf. Parties or their counsel shall be prepared to fully discuss all aspects of the case. Counsel shall be required to make a representation to the court that he or she has made a recommendation to the client with respect to settlement and that the client has acted on the recommendation.

(e) Pretrial Order.

Either at or following the Pretrial Conference, the court shall enter a final Pretrial Order, which shall recite the action taken at the conference; the order shall control the subsequent course of the action, unless modified by the court to prevent manifest injustice.

Unless otherwise ordered, any objection to the final Pretrial Order must be made within fourteen (14) days after court approval. Any discussion at the conference relating to settlement shall not be a part of the final Pretrial Order. In any case where there is a pending dispositive motion, one item on the final pretrial conference agenda shall be whether the provisions and deadlines of the final Pretrial Order should be stayed until the motion is resolved.

(f) Sanctions.

If a party fails to comply with the requirements of Fed. R. Civ. P. 16 or this rule, the court may impose penalties and sanctions as are just, including those set forth in Fed.R.Civ.P. 16(f), 26, and 37.

(g) Special Circumstances or Judge-Specific Requirements.

The court may provide for a special pretrial procedure in any case when special circumstances warrant. The judge presiding at the final pretrial conference may tailor this Rule's requirements and the final Pretrial Order to the individual case and consider whether certain provisions should not be included.

(h) Settlement Conferences.

A judge may direct that a separate settlement conference be held with party representatives present or available telephonically.

(i) Deadlines.

(1) Established by the court. Deadlines established by the court shall not be changed by agreement between the parties without court approval.

(2) Discovery.

(a) Any stipulation extending the time within which to respond or object to a discovery request or to take a deposition, need not be approved by the court provided the extended date by which the response is due or on which the deposition is to be taken is prior to the discovery completion date established for the case or at least thirty (30) days prior to the date set for the pretrial conference, whichever is earlier.

(b) Any out of court stipulation shall not alter the discovery deadlines set forth in the Scheduling Order and shall be in writing.

(c) Any request for written discovery under Rules 33, 34 or 36 of the Federal Rules of Civil Procedure must be served with sufficient time to allow the response to be served before the expiration of the discovery period.

(j) Continuances.

No motion for continuance of a scheduling conference, pretrial conference, settlement conference, hearing or trial will be entertained unless the moving attorney first contacts all other counsel of record and certifies at least three (3) alternative dates available to all parties.