Local Rule Rule 16.1: INITIAL PRETRIAL CONFERENCES

Rule 16.1 INITIAL PRETRIAL CONFERENCES The Court will fully implement Fed. R. Civ. P. 16 in scheduling and managing all cases, unless excluded under 16.1(c). Scheduling orders shall comply with Fed. R. Civ. P. 16(b).

(a) Rule 26(f) Conference and Pretrial Scheduling Conference in Non-Complex Cases. The Court, in its discretion and upon its own initiative, shall set a pretrial scheduling conference with the attorneys for the parties.

(1) The Court will set an initial pretrial conference in accordance with Fed. R. Civ. P. 16. Counsel shall be prepared to discuss those issues identified in Fed. R. Civ. P. 16(c)(2) and the Rule 26(f) Conference Checklists for the assigned judge at the initial pretrial conference. The Rule 26(f) Conference Checklist for the applicable judge may be obtained at the Clerk's Office or through the Court's website: www.wyd.uscourts.gov/judges-info.

(2) Counsel shall comply with Fed. R. Civ. P. 26(a)(1) and shall submit a written discovery plan three (3) business days prior to the initial pretrial conference. The form for the assigned judges may be obtained at the Clerk's Office or through the Court's website as referenced in paragraph (a)(1) above.

(b) Initial Pretrial Conference Preparation. Counsel shall be prepared to present and discuss the Rule 26(f) Conference Checklist at the initial pretrial conference. The checklist for the assigned judge may be obtained at the Clerk's Office or through the Court's website as referenced in paragraph (a)(1) above.

(c) Cases Exempt from Scheduling Conferences. Unless otherwise ordered, the following categories or proceedings are exempt from scheduling conferences:

(1) Administrative Agency Reviews;

(2) Bankruptcy appeals and withdrawals;

(3) Deportation actions;

(4) Equal access to justice actions;

(5) Food stamp denials;

(6) Forfeiture and statutory penalty actions;

(7) IRS third party and customer actions;

(8) Pro se prisoner cases;

(9) Selective service actions;

(10) Social Security reviews; and

(11) Summons/subpoenas – proceedings to enforce/contest government summons and private party depositions.

(d) Treatment of Complex Cases. When the Court determines that a case is complex, trials shall be set after consultation with the parties, allowing sufficient time for pretrial discovery, presentation of legal issues and such scheduling conferences as may be reasonably required to allow time for adequate development of the case for presentation at trial. The Court may establish any of the following procedures which in the discretion of the Court may be necessary to allow proper management of the case:

(1) multiple scheduling conferences;

(2) phased discovery;

(3) joint discovery;

(4) bifurcation of legal or factual issues;

(5) early alternative dispute resolution efforts, including a settlement conference, or other methods as may be agreed upon by parties;

(6) involvement of the trial judge assigned to the case; and/or

(7) use of the FJC Manuals for Complex Litigation (www.fjc.gov)

When, upon motion of a party, or at the discretion of the Court, it is determined that the case no longer need be treated as a complex case, the case shall be assigned the earliest available trial date, in accordance with Local Rule 40.1.

(e) Magistrate Judge. The district judge may designate a full time magistrate judge to hold scheduling or discovery conferences or any pretrial conference. The trial judge will conduct the final pretrial conference in all cases, unless otherwise determined.