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RULE 280 (Fed. R. Civ. P. 40)

DILIGENCE - SETTING FOR PRETRIAL CONFERENCE OR FOR TRIAL

(a) Counsel's Duty of Diligence. All counsel shall proceed with reasonable diligence to take all steps necessary to bring an action to issue and readiness for pretrial conference and trial. The action shall be ready for trial on the date set by the Court.

(b) Motion to Set for Pretrial Conference and/or Trial. Although ordinarily it is expected that the pretrial conference will be set at a status conference, any party who is ready to proceed to pretrial conference and trial may serve and file a motion to have the action set for pretrial conference or trial or both. The motion shall be accompanied by a Certificate of Readiness stating:

(1) The action is at issue as to all parties.

(2) The party has completed all desired depositions, other discovery, and pretrial motions, except specified discovery or motions, if any. Reasons for any exceptions shall be given, together with the date of anticipated completion thereof.

(3) The party has met all obligations with respect to deposition and discovery requests or motions of other parties.

(4) The party is ready for pretrial conference and trial.

(c) Opposition and Reply re Motion to Set. Opposition to a motion to set an action for pretrial conference or trial and any reply shall be filed in accordance with L.R. 230. Opposition shall state with specificity the reasons for opposing the motion.

(d) Notice. The Clerk shall serve notice of every order setting an action for pretrial conference or trial on all counsel, whether made pursuant to motion or sua sponte.