Local Rule LR 16.01: CASE MANAGEMENT
M.D. Tenn. — Civil rule
LR 16.01 – CASE MANAGEMENT
(a) Purpose of Case Management. The purpose of case management is to provide mandatory, court-supervised, case management tailored to the individual needs of each case. Management of cases is primarily and ultimately the responsibility of the lawyers acting in the best interests of their clients.
(b) Cases Subject to Mandatory Initial Case Management Conferences.
(1) All civil cases not specifically exempted by section (c) of this Rule are subject to a mandatory initial case management conference and case management as determined appropriate by the Judge.
(2) The Judge to whom a case is assigned may subject any of the exempted cases to case management conferences and other case management by order or notice.
(c) Cases Exempt from Mandatory Initial Case Management Conferences.
(1) All actions in which one of the parties appears pro se;
(2) All prisoner petitions filed under 42 U.S.C. § 1983, or under 28 U.S.C. § 2254 and § 2255;
(3) All actions for judicial review of administrative decisions of government agencies or instrumentalities where the review is conducted on the basis of the administrative record, including without limitation, Social Security appeals;
(4) Bankruptcy appeals filed pursuant to 28 U.S.C. § 158 and bankruptcy cases in which an Article III Judge is required to review proposed findings of fact and conclusions of law of the Bankruptcy Judge in non-core proceedings, under 28 U.S.C. § 157; provided, however, that cases withdrawn from Bankruptcy Court, pursuant to 28 U.S.C. § 157(d), are not exempted from the customized case management plan;
(5) Proceedings for admission to citizenship or to cancel or revoke citizenship;
(6) Proceedings to compel arbitration or to confirm or set aside arbitration awards;
(7) Proceedings to compel testimony or production of documents under a subpoena or summons issued by an officer, agency or instrumentality of the United States not provided with authority to compel compliance;
(8) Proceedings to compel testimony or production of documents in this District in connection with discovery or for the perpetuation of testimony for use in a matter pending or contemplated in a United States District Court of another District;
(9) Proceedings for the temporary enforcement of orders of the National Labor Relations Board;
(10) Any proceedings assigned a "miscellaneous case" number; and
(11) Civil actions by Veterans Administration or other government agencies for recovery of erroneously paid educational assistance.
(d) Discretionary Exclusions from Case Management. Upon motion by any party, or sua sponte, the Court may exclude any case from an initial case management conference or other case management. The parties may not stipulate or agree to exclude a case from case management without Court approval.
(e) Notice of the Initial Case Management Conference.
(1) At the time of filing of the complaint or notice of removal, the Clerk shall give notice of the date of the initial case management conference to the filing party.
(2) The filing party (which in a removal case is the party removing the case) must serve the notice of the initial case management conference on all other parties.
(f) Preparation for and Attendance at Initial Case Management Conference. The parties are responsible for preparation for and attendance at the initial case management conference as directed in the notice of initial case management conference, and as otherwise provided for in the applicable practice and procedures manual and/or sample initial case management orders. If both the District Judge and the Magistrate Judge assigned to the case utilize a sample initial case management order, the parties must ensure that the proposed initial case management order incorporates the provisions of both sample orders.
(g) Discovery Conference, Discovery Plan, and Stays of Discovery. In preparation of their joint proposed initial case management order, as directed by the notice of initial case management conference, the parties must discuss, and if required by the Judge, provide in the proposed initial case management order for, the matters addressed in Fed. R. Civ. P. 26(f), including but not limited to matters related to e-discovery as outlined in Administrative Order 174-1. Unless otherwise directed by the Judge, it shall not however be necessary for the parties to file a discovery plan separate from their proposed initial case management order. Discovery is not stayed, including during the pendency of dispositive motions, unless specifically authorized by Fed. R. Civ. P. 26(d) or by order of the Court, or with regard to e-discovery, as outlined in Administrative Order 174-1.
(h) Dispositive Motions and Target Trial Dates.
(1) Proposed deadlines for any dispositive motions must be sufficiently in advance of the target trial date to allow for briefing and resolution of the dispositive motions in advance of trial. Absent court order, no dispositive motion deadline, including response and reply briefs, shall be later than ninety (90) days in advance of the target trial date.
(2) If the Magistrate Judge is responsible for case management, the Magistrate Judge shall enter an order giving notice to the District Judge and the parties of the filing of a dispositive motion.
(i) Non-dispositive Motions. The case management judge will rule on all matters not specifically excepted from the coverage of 28 U.S.C. § 636(b)(1)(A).