Local Rule LR Civ P 16.04: Final Conferences; Pretrial Order

LR Civ P 16.04. Final Conferences; Pretrial Order.

(a) Obligation of Counsel to Meet; Pretrial Disclosures: Unless otherwise ordered by the judicial officer to whom the case is assigned for trial, counsel and unrepresented parties shall meet no later than twenty-one (21) days before the date of the final pretrial conference to conduct settlement negotiations. Lead counsel for the plaintiff first named in the complaint shall take the initiative in scheduling the meeting. If the action is not settled, and if there is no order or stipulation to the contrary, counsel and unrepresented parties shall make all Fed. R. Civ. P. 26(a)(3) disclosures at the meeting. The parties shall prepare a proposed pretrial order for filing. Counsel and unrepresented parties must be prepared at the final pretrial conference to certify that they conducted settlement negotiations during their meeting.

(b) Proposed Pretrial Order: Unless otherwise ordered by the judicial officer to whom the case is assigned for trial, counsel and unrepresented parties shall file, no later than seven (7) days prior to the final pretrial conference, a proposed pretrial order setting forth:

(1) the pretrial disclosures required by Fed. R. Civ. P. 26(a)(3) and any objections thereto;

(2) contested issues of law requiring a ruling before trial;

(3) a realistic, brief statement by counsel for the plaintiff(s) and third-party plaintiff(s) of essential elements that must be proved to establish any meritorious claim remaining for adjudication and the damages or relief sought, accompanied by supporting legal authorities;

(4) a realistic, brief statement by counsel for the defendant(s) and third-party defendant(s) of essential elements that must be proved to establish any meritorious defense(s), accompanied by supporting legal authorities. Corresponding statements must also be included for counterclaims and cross-claims;

(5) a brief summary of the material facts and theories of liability or defense;

(6) a single listing of the contested issues of fact and a single listing of the contested issues of law, together with case and statutory citations;

(7) stipulations;

(8) suggestions for the avoidance of unnecessary proof and cumulative evidence;

(9) suggestions concerning any need for adopting special procedures for managing potentially difficult or protracted aspects of the trial that may involve complex issues, multiple parties, difficult legal questions or unusual proof problems;

(10) a statement of all damages claimed, including an itemized list of special damages;

(11) a statement setting forth a realistic estimate of the number of trial days required; and

(12) any other matters relevant for pretrial discussion or disposition, including those set forth in Fed. R. Civ. P. 16.

(c) Final Pretrial Conference: The judicial officer to whom the case is assigned for trial shall preside at the final pretrial conference.

The final pretrial conference shall be attended by unrepresented parties and by lead trial counsel for each represented party, rather than "by at least one attorney who will conduct the trial for each party and by any unrepresented party" as provided in Fed. R. Civ. P. 16(e).

The final pretrial conference shall include consideration of those matters in the proposed pretrial order and any other appropriate matters, including those set forth in Fed. R. Civ. P. 16(c).

(d) Final Settlement Conference: Unless otherwise ordered, a final settlement conference may be held in each case. The conference shall be conducted by the judicial officer and attended by unrepresented parties and lead trial counsel for each represented party.

Individuals with full authority to settle the case for each party shall be present in person or, if previously authorized by the Court, shall be immediately available by telephone.

(e) Settlement Before Trial: All fees and juror costs may be imposed upon the parties unless counsel have notified the Court and the Clerk's Office of any settlement not later than 4:00 p.m. of the last business day before trial. The costs shall be assessed equally against the parties and their counsel unless otherwise ordered.