Local Rule LR 16.2: DIFFERENTIATED CASE MANAGEMENT — W.D. Tenn.

LR 16.2 DIFFERENTIATED CASE MANAGEMENT

(a) Statement of Purpose and Scope of Authority. The purpose of this rule is to establish a Differentiated Case Management ("DCM") system, under which cases are screened for complexity and the need for judicial involvement, assigned to specific tracks based on that criteria, and managed to disposition according to predetermined milestones established for respective tracks. Cases falling under the Local Patent Rules of this Court are exempt from this Rule.

(b) Tracks.

(1) Administrative Track.

(A) Assignment:

(i) Cases are assigned to this track by the Clerk of Court based on the nature of suit and are those that usually are resolved on the pleadings or the record. Administrative Track cases include: Bankruptcy cases before the District Court pursuant to 28 U.S.C. §§ 157 or 158, except those cases withdrawn from Bankruptcy Court pursuant to 28 U.S.C. § 157(d); actions for judicial review of administrative decisions of government agencies or instrumentalities in which the review is conducted on the basis of the administrative record; prize proceedings or for foreclosure of mortgages or sales to satisfy liens of the United States; proceedings for admission to citizenship or to cancel or revoke citizenship; proceedings to compel arbitration or to confirm or set aside arbitration awards; Freedom of Information Act (FOIA) actions; civil actions by the Veterans Administration or other government agency for recovery of erroneously paid educational assistance; proceedings for the temporary enforcement of orders of the National Labor Relations Board; proceedings to compel the giving of 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; and proceedings to compel the giving of 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.

(ii) Other cases may be assigned to this track based on the nature of the case. Such determination may be made either by the parties at filing, or by the Court at a preliminary scheduled conference.

(iii) A case in a nature of suite listed in (i) above, but which may have more complex issues or facts, may likewise be assigned to another track.

(B) Management. Administrative Track cases shall be managed according to the following deadlines, set forth in an "ADMINISTRATIVE TRACK SCHEDULING ORDER," in the form set forth in Appendix E hereto, to be issued by the Court within 180 days of the filing of the complaint:

(i) Deadline to file the record, if any: 30 days after the appearance of the first defendant; and

(ii) Dispositive motion deadline: 90 days after entry of the scheduling order.

(iii) A preliminary scheduling conference is not required; however, any party may file a motion to hold a scheduling conference, to alter the assignment of the case to the Administrative Track, and/or to otherwise alter the deadlines set forth herein.

(C) Except as provided herein, Administrative Track cases are exempt from the requirements of Fed. R. Civ. P. 16(b) and 26(f).

(2) Pro Se Prisoner Track.

(A) Assignment. Cases are assigned to this track by the Clerk of Court based on nature of suit and are administered by the District's Prisoner Pro Se Office. Natures of suit include General Habeas Corpus cases, Motions to Vacate Sentence, Mandamus Petitions, and Prisoner Civil Rights actions, which include civil rights complaints lodged or filed by prisoners challenging the conditions of their confinement pursuant to 42 U.S.C. § 1983, Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971), or otherwise, and all other civil rights claims relating to the investigation and prosecution of criminal matters or to correctional agencies and institutions in connection with their decisions or acts arising out of their custodial functions.

(B) Management. Pro Se Prisoner Track cases shall be managed according to the following deadlines, set forth in a "PRO SE PRISONER TRACK SCHEDULING ORDER," in the form set forth in Appendix F hereto, to be issued by the Court within 60 days from the filing of service or waiver of service of the complaint on any named defendant pursuant to LR 4.1:

(i) Discovery cutoff: 150 days after the filing of the service or waiver of service of the complaint on any named defendant pursuant to LR 4.1; and

(ii) Dispositive motion deadline: 180 days after the filing of service or waiver of service of the complaint on any named defendant pursuant to LR 4.1.

(C) Except as provided herein, Pro Se Prisoner Track cases are exempt from the requirements of Fed. R. Civ. P. 16(b) and 26(f).

(3) Expedited Track.

(A) Assignment. Cases that do not meet the criteria of the Administrative or Pro Se Prisoner Tracks, but are determined to be less complex, to require minimal judicial involvement and/or to require less time for disposition, are assigned to this track by agreement of the parties or in the discretion of the Court.

(B) Management.

(i) A preliminary scheduling conference, pursuant to Fed. R. Civ. P. 16, shall be scheduled by the presiding Judge within 180 days of the filing of the complaint, or within 60 days after the filing of the return of service or waiver of service of the last defendant, whichever is earlier.

At least 21 days before the preliminary scheduling conference, the parties shall conduct a conference pursuant to Fed.Civ. P. 26(f), at the initiative of plaintiff's counsel. If the parties agree at the Rule 26(f) conference that the case should be assigned to the Expedited Track, the parties shall prepare, at the initiative of plaintiff's counsel, and submit to the Court a proposed "EXPEDITED TRACK SCHEDULING ORDER," in the form set forth in Appendix G hereto, reflecting the deadlines set forth in subsection (iii) of this rule and certifying that the parties have conferred in compliance with Rule 26(f). The proposed scheduling order shall be sent in word processing format to the ECF mailbox only (not the regular e-mail address) for the presiding Judge at least 3 days before the preliminary scheduling conference. If the Court approves and adopts the parties' Expedited Track assignment and proposed scheduling order, the Court will enter the scheduling order and cancel the preliminary scheduling conference. Any party may request, however, that the preliminary scheduling conference not be canceled, regardless of the parties' submission of a joint proposed scheduling order.

(ii) Expedited Track cases shall be managed according to the following deadlines:

(a) Initial disclosure deadline: 14 days after submission of the proposed scheduling order;

(b) Discovery cutoff: 180 days after service or waiver of service of the first defendant; and

(iii) Discovery in Expedited Track cases is limited to not more than 20 interrogatories per opposing side (subparts not permitted); 20 requests for admission per opposing side; 20 requests for production per opposing side; and 5 depositions per opposing side.

(iv) It is the expectation of the Court that a trial will be conducted in all Expedited Track cases within one year after the filing of the complaint and will require 1 to 3 days of trial.

(4) Standard Track.

(A) Assignment. Cases that do not meet the criteria of any other Track, or in which the parties cannot reach agreement as to the appropriate Track, are assigned to this track. The majority of civil cases will be assigned to the Standard Track.

(B) Management.

(i) A preliminary scheduling conference, pursuant to Fed. R. Civ. P. 16, shall be scheduled by the presiding Judge with the scheduling order to be issued within the earlier of 90 days after any defendant has been served with the complaint or 60 days after any defendant has appeared, unless the Judge finds good cause for delay.

(ii) At least 21 days before the preliminary scheduling conference, the parties shall conduct a conference pursuant to Fed. R. Civ. P. 26(f), at the initiative of plaintiff's counsel. If the parties agree at the Rule 26(f) conference that the case should be assigned to the Standard Track, the parties shall prepare, at the initiative of plaintiff's counsel, and submit to the Court a proposed "STANDARD TRACK SCHEDULING ORDER," in the form set forth in Appendix H hereto, reflecting the deadlines set forth in subsection (iv) of this rule and certifying that the parties have conferred in compliance with Rule 26(f). The proposed scheduling order shall be sent in word processing format to the ECF mailbox only (not the regular e-mail address) for the presiding Judge at least 3 days before the preliminary scheduling conference.

(iii) The preliminary scheduling conference shall be conducted by the presiding Judge for all cases on the Standard Track, regardless of submission by the parties of a joint proposed scheduling order. The scheduling order shall be issued following such conference.

(iv) Standard Track cases shall be managed according to the following deadlines:

(a) Initial disclosure deadline: 14 days after the preliminary scheduling conference;

(b) Discovery cutoff: 300 days after service or waiver of service of the first defendant; and

(v) If is the expectation of the Court that a trial will be conducted in all Standard Track cases within two years after the filing of the complaint and will require 3 to 10 days of trial.

(5) Complex Track.

(A) Assignment. Complex cases are those that require extensive judicial involvement because of the number of parties, complexity of the issues, scope of discovery, and/or other comparable factors and shall be so designated by the presiding Judge and the parties.

(B) Management.

(ii) At least 21 days before the preliminary scheduling conference, the parties shall conduct a conference pursuant to Fed. R. Civ. P. 26(f), at the initiative of plaintiff's counsel. If the parties agree at the Rule 26(f) conference that the case should be assigned to the Complex Track, the parties shall prepare, at the initiative of plaintiff's counsel, and submit to the Court a "COMPLEX TRACK SCHEDULING ORDER," in the form set forth in Appendix I hereto, certifying that the parties have conferred in compliance with Rule 26(f). The proposed scheduling order shall be sent in word processing format to the ECF mailbox only (not the regular e-mail address) for the presiding Judge at least 3 days before the preliminary scheduling conference.

(iii) The preliminary scheduling conference shall be conducted before the presiding Judge for all Complex Track cases, and a scheduling order shall be issued following such conference.

(iv) The Court may, in its discretion or upon motion, set additional scheduling and/or status conferences from time to time as necessary to appropriately monitor the progress of the cases within this Complex Track.

(v) It is the expectation of the Court that a trial will be conducted in all Complex Track cases within three years after the filing of the complaint and will require 10 or more days of trial.

(C) Multidistrict Litigation. An attorney filing a complaint, answer, or other pleading involving a case which may involve multidistrict litigation, see 28 U.S.C. § 1407, shall, with the filing of the pleading, file in writing with the Clerk of the Court and the presiding Judge a paper describing the nature of the case and listing the title(s) and number(s) of any other related case(s) filed in this or other jurisdictions.

(c) The presiding judge may direct at any time that a case be redesignated from one Track to a different Track. The Court may, in its discretion, alter any of the requirements set forth herein. Motions requesting extensions of time for discovery must be made prior to expiration of the existing discovery period and will be granted only in exceptional cases where the circumstances on which the request is based did not exist or the attorney or attorneys could not have anticipated that such circumstances would arise at the time the scheduling order was entered.

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