Local Rule LCvR16.1: Pretrial Procedures

LCvR16.1 Pretrial Procedures.

(a) Parties' Initial Conference and Preparation for Status and Scheduling Conference.

(1) Parties' Initial Conference. In cases not exempt under subparagraph (b)(1) of this rule, counsel with authority to make appropriate decisions and any unrepresented parties shall confer, including as required by Fed. R. Civ. P. 26(f)(1), to discuss the issues set forth in: (A) Fed. R. Civ. P. 26(f)(2) and (3); (B) the form Joint Status Report and Discovery Plan provided as Appendix II to these rules; and (C) the form Scheduling Order provided as Appendix III to these rules, or, alternatively, any specialized scheduling order to be requested by the parties. Prior to this conference, counsel for any represented party shall discuss settlement and alternative dispute resolution procedures with his or her client.

(2) Preparation and Submission of Joint Status Report and Discovery Plan. It shall be the duty of the plaintiff to arrange the preparation and filing of a Joint Status Report and Discovery Plan, following the form provided as Appendix II, and the duty of all other parties to jointly participate in the preparation of that document and ensure its filing. Unless otherwise ordered by the court, the parties shall prepare, sign jointly, and file as a single document their Joint Status Report and Discovery Plan with the clerk of the court not later than 7 days prior to the status and scheduling conference.

(3) Relief from Certain Requirements. The court may order on its own motion, or at a party's request, relief from the timing requirements in Fed. R. Civ. P. 26(f)(1), (2) and/or LCvR 16.1(a)(2), if there is good cause for that relief.

(b) Status and Scheduling Conference and Scheduling Order.

(1) Exempted Actions. Unless specifically directed by the court, the requirements in Fed. R. Civ. P. 16(b) shall not apply in the following categories of cases: those cases exempted from initial disclosures under Fed. R. Civ. P. 26(a)(1)(B), social security appeals, bankruptcy appeals, and actions commenced by the United States for forfeiture and/or debt collection.

(2) Timing. In cases not exempt under subparagraph (b)(1) of this rule, and at the discretion of the assigned judge, upon the filing of an appearance by a defendant or notice that a defendant has been served, the case will be placed on a regular monthly docket for the administration of a status and scheduling conference. Unless otherwise ordered, the conference will be held on a date that will allow the issuance of a scheduling order in accordance with the time limits of Fed. R. Civ. P. 16(b)(2).

(3) Delay. The court may order on its own motion, or at a party's request, delay of the status and scheduling conference and the scheduling order if there is good cause for the delay. Circumstances that may constitute good cause include but are not limited to: the existence of an unserved defendant in a multi-defendant case, a pending motion to join a party, and a pending motion under Fed. R. Civ. P. 12(b) that if granted would significantly alter the scope and duration of discovery and/or pretrial litigation in the case.

(4) Required Attendance. Counsel with authority to make appropriate decisions and any unrepresented parties shall attend any status and scheduling conference required by the court. When justified by the circumstances, the court may allow counsel or a party to participate in such conference by telephone. Counsel and any unrepresented parties shall be prepared to discuss all relevant matters enumerated in Fed. R. Civ. P. 16(b)(3) and (c)(2), as well as the parties' Joint Status Report and Discovery Plan.

(c) Final Pretrial Report.

(1) Preparation and Submission of Final Pretrial Report. It shall be the duty of the plaintiff to arrange the preparation and filing of a Final Pretrial Report, following the form provided as Appendix IV to these rules, and the duty of all other parties to jointly participate in the preparation of that document and ensure its filing. Unless otherwise ordered by the court, the parties shall prepare, sign jointly, and file as a single document their Final Pretrial Report with the clerk of court on or before the first day of the month that the case is scheduled for trial. Further, the parties shall submit, in accordance with the court's ECF procedures, a proposed order approving the Final Pretrial Report.

(2) Approval. When approved by the assigned judge, the Final Pretrial Report shall constitute an order of the court as to all matters contained therein.

(d) Authorization of Alternative Dispute Resolution. The court authorizes alternative dispute resolution methods, including mediation, judicial settlement conferences, and summary jury trials.