Local Rule LR 81: REMOVED ACTIONS

LR 81 REMOVED ACTIONS a. Filings. When a civil case is removed to the court from a state court, along with the notice of removal and the proper filing fee, the removing party also must file under the same docket entry as the notice of removal the following:

1. Copies of all process, pleadings, and orders filed in the state case (the requirements of Local Rules 5A(g)(8) and 10(c)(3) do not apply to documents filed pursuant to this subsection). All of these documents must be filed electronically pursuant to Local Rule 5A(b);

2. A list of all motions pending in the state court that will require resolution by the court, with the papers relating to the motions electronically attached to the list; and 3. The names of counsel and the law firms that have appeared in the state court, with their office addresses, telephone numbers, facsimile numbers, and email addresses (if available), and the names of the parties they represent.

4. When a civil case is removed to the court from a state court based on diversity of citizenship under 28 U.S.C. § 1332, if the petition filed in state court does not, on its face, indicate either the required diversity of citizenship or the required amount in controversy, the removing party also must include in the notice of removal a statement of the facts that demonstrate satisfaction of these jurisdictional requirements.

b. Scheduling Order and Discovery Plan. Within 60 days after the filing of a notice of removal, counsel for the parties must submit for approval by a magistrate judge a proposed Rule 16(b) and 26(f) scheduling order and discovery plan prepared in accordance with the requirements of Local Rule 16. The removing party is responsible for initiating discussions on the proposed scheduling order and discovery plan, but all parties who have appeared in the case are jointly responsible for the preparation and submission of the proposed scheduling order and discovery plan.

c. Removing Party's Disclosure Statement. Within 21 days after filing a notice of removal in a civil case, each nongovernmental removing party that is not a natural person must file with the Clerk of Court a disclosure statement form in compliance with Local Rule 7.1(d).

d. Remaining Parties' Disclosure Statements. Within 30 days after service of the notice of removal in a civil case, each remaining nongovernmental party that is not a natural person must file with the Clerk of Court a disclosure statement form in compliance with Local Rule 7.1(d).

e. Obligations of the Parties. After a civil case is removed to the court, the parties should obtain the following from the courts' websites:

1. A copy of this rule and Local Rules 7.1, 10(g), and 16;

2. The instructions for the scheduling order and discovery plan and worksheet;

3. A scheduling order and discovery plan form;

4. A disclosure statement form; and 5. A Notice of Public Availability of Case File Information.