Local Rule LR 16.1: INITIAL PRETRIAL PROCEEDINGS

LR 16.1 INITIAL PRETRIAL PROCEEDINGS

(a) Requirement for Initial Pretrial Order. There shall be an initial pretrial order entered pursuant to the provisions of Fed.R.Civ.P. 16(b) and 26(f) in every civil case, except in:

(1) Social Security cases and other actions for review of administrative decisions;

(2) Prisoner petitions;

(3) Summons or subpoena enforcement proceedings;

(4) Bankruptcy appeals;

(5) Government collection cases and forfeiture proceedings; and

(6) Cases brought by pro se plaintiffs or in which all defendants are appearing pro se.

The above categories of cases are exempted from the timing-and-sequence-of-discovery provisions of Rule 26(d), and the meeting of parties described in Rule 26(f). Category (1), (2), (3), and (4) cases require no pretrial management and are ready for adjudication on the pleadings of the parties, unless the Court orders otherwise. Category (5) cases (government collections and forfeitures) shall be governed by a 90-day period of discovery from the filing of answer or other response, with dispositive motions due in accordance with LR 56.1. Category (6) cases (pro se parties) shall be governed by a scheduling order entered by the Court after an initial pretrial conference unless the Court determines, in its discretion, that no conference is necessary; discovery shall not commence until entry of the scheduling order.

(b) Meeting of the Parties. Unless a case is exempt or the timing is altered by paragraph 16.1(a) above or otherwise, within the time set by Fed.R.Civ.P. Rule 16(b), the clerk shall schedule an initial pretrial conference and give at least thirty (30) days notice thereof. In cases that are exempt under paragraph 16.1(a) from the meeting of the parties described in Rule 26(f) because they involve pro se parties, parties in such cases may file proposed Rule 26(f) report(s) within the time allowed and as otherwise provided by this rule whether or not there is a meeting of the parties. The parties must hold their Fed.R.Civ.P. 26(f) meeting at least 14 days before the scheduled initial pretrial conference and submit to the Court their report within 10 days thereafter. The parties may not stipulate out of the Rule 26(f) meeting but must meet to discuss a proposed discovery plan. At the Rule 26(f) meeting, the parties shall discuss:

(1) All matters identified in Rules 16(b) and (c) and 26(f),

(2) The possibility of settlement,

(3) The proper management track for the case under LR 26.1,

(4) The timing of any mediated settlement conference under LR 16.4 and LR 83.9a-g, and the identity of any agreed-upon mediator,

(5) The nature of the documents and information believed necessary for the case and whether a LR 5.5 Order should be entered,

(6) Issues of burden and relevance and the discoverability of different types of documents,

(7) A preliminary schedule for depositions, to be updated at reasonable intervals upon communication between the parties,

(8) The decision of each party whether or not to consent to the trial jurisdiction of a Magistrate Judge; and

(9) Confirmation of the basis for federal subject matter jurisdiction, with review of Federal Rule 7.1 and Local Rule 7.7 disclosures in diversity cases, including citizenship of all members of an LLC and partners of a partnership

(10) In cases when a party contends as part of their damages that they have obtained medical or mental health care treatment, the parties should discuss the scope of the records to be produced and which party will obtain and produce the medical or mental health care records. When the parties agree that the party defending such a claim may request the records from one or more of the health care providers, then the party seeking such damages will provide the opposing party with a HIPAA compliant release or authorization that has been properly executed for each such provider within 14 days after the Rule 26(f) conference. Production may be subject to any confidentiality protection agreed by the parties.

The parties shall jointly prepare a Rule 26(f) Report (LR 16.2) if they are in agreement concerning a discovery plan for the case. If they do not agree, each shall file a separate Rule 26(f) Report (LR 16.3), setting forth its position on disputed matters. The Reports must be filed with the Court within 10 days of the Rule 26(f) meeting.

(c) Initial Pretrial Order by Conference. If the parties are unable to reach agreement on a discovery plan and therefore submit separate Rule 26(f) Reports (LR 16.3), they shall appear for the scheduled initial pretrial conference. Each party shall personally appear or be represented by an attorney who has full authority to bind the party on the matters for discussion at the conference. After hearing from the parties, the Court will enter an initial pretrial order that will control the conduct of the litigation.

(d) Initial Pretrial Order Upon the Joint Rule 26(f) Report. If the parties reach agreement on a discovery plan and submit a joint Rule 26(f) Report, the Court will enter an order on the basis of the proposed plan as submitted or as modified by the Court. The Court may, on its own motion, modify the plan if it finds in its discretion that the plan provides for an excessive amount of discovery or the parties' selection of a case management track under LR 26.1 is unreasonable. The scheduled initial pretrial conference is automatically canceled upon the submission to the Court of the joint Rule 26(f) Report.

(e) Discovery with Respect to Expert Witnesses. The initial pretrial order, whether based upon a joint Rule 26(f) Report or a conference following the filing of separate reports, shall provide that discovery with respect to experts be conducted within the discovery period established in the case. The order shall set the date on which disclosure of expert information under Fed.R.Civ.P. 26(a)(2) must be made.

(f) Meeting on the Scope of Retention of Potentially Relevant Documents. At any time prior to the meeting of parties required by LR 16.1(b), the parties by consent may schedule a meeting relating to the scope of retention of potentially relevant documents, including but not limited to documents stored electronically and the need to suspend any automatic deletion or electronic documents or overwriting of backup material tapes which may contain potentially relevant information. If any party requests a meeting pursuant to LR 16.1(f) and does not obtain consent to such a meeting, the party may file a motion with the Court asking for the entry of an Order requiring a LR 16.1(f) meeting. If such a meeting occurs, by consent or by order, and no retention agreement can be reached, a party may file a motion within 10 days of the Rule 16.1(f) conference with the Court seeking an order on retention. A party's use of, or failure to use, the procedures contained herein, and any negotiations between the parties pursuant to this subparagraph shall be inadmissible.