Local Rule LCR 16: PRETRIAL CONFERENCES; SCHEDULING; MANAGEMENT
W.D. Wash. — Civil rule
LCR 16
PRETRIAL CONFERENCES; SCHEDULING; MANAGEMENT
(a) Scheduling Conference or Joint Status Report
As soon as practicable after a case is filed, but no later than either the filing of the proof of service on any defendant or the appearance of any defendant, the court shall order a scheduling conference, or order the submission of a joint status report, or both, unless the judge finds good cause for delay.
(1) Scheduling Conference. Counsel with principal responsibility for a case and all pro se parties shall attend the scheduling conference. Counsel and all pro se parties shall be prepared to discuss at the scheduling conference those matters listed in Fed. R. Civ. P. 16(c)(2) and 26(f) and LCR 26(f) and to state whether there is a significant possibility that early and inexpensive resolution of the case would be fostered by any alternative dispute resolution ("ADR") procedure, as described in LCR 39.1 and 39.2. The parties should identify any appropriate ADR procedure, and suggest at what stage of the case it should be employed.
(2) Joint Status Report. In their joint status report, the parties must address all of the topics set forth in Fed. R. Civ. P. 26(f)(3) and in LCR 26(f).
Parties should not include requests for relief from the court in the joint status report, and the court typically will not rule on such requests. Rather, requests for relief should be contained in a stipulated motion, where feasible, or in a motion.
(b) Scheduling Order; Exemption of Certain Types of Cases
(1) Scheduling Order. The court shall enter a written scheduling order as prescribed in Rule 16(b) of the Federal Rules of Civil Procedure. The scheduling order shall include, among other things, deadlines for the completion of discovery and the filing of dispositive motions.
(2) Discovery Deadline. See LCR 26(d) and Fed. R. Civ. P. 26(d) regarding the timing and sequence of discovery.
(3) Discovery Motions. Any motion to compel discovery shall be filed and served on or before the discovery deadline or as directed by court order. The parties should refer to the written scheduling order, as well as the assigned judge's web page, for additional information about whether they may present discovery disputes by informal means.
(4) Motions to Exclude Expert Testimony. Unless otherwise ordered by the court, parties shall file any motion to exclude expert testimony for failure to satisfy Daubert v. Merrell Dow Pharmaceuticals, Inc. and its progeny not later than the deadline to file dispositive motions.
(5) Dispositive Motions. Not later than the deadline to file dispositive motions, unless otherwise ordered by the court, parties shall file all motions to dismiss, motions for summary judgment and other dispositive motions, together with supporting papers.
(6) Modifying a Schedule. The parties are bound by the dates specified in the scheduling order. A schedule may be modified only for good cause and with the judge's consent. Mere failure to complete discovery within the time allowed does not constitute good cause for an extension or continuance.
(7) Exemption of Certain Types of Cases. The court exempts certain types of cases from the requirements of this local rule and of Fed. R. Civ. P. 16(b), including: any case exempt from the initial disclosure requirements under Fed. R. Civ. P. 26, proceedings upon a defendant's default, bankruptcy proceedings before this court, condemnation cases, forfeiture actions, and cases filed as miscellaneous matters before this court.
(c) Orders for Further Conference, Reports, or ADR Procedures
At any stage of the case, the court may do one or more of the following:
(1) schedule a conference for some or all of the purposes prescribed for the initial scheduling conference;
(2) direct a written report from the parties as to the advisability of employing any ADR procedure;
(3) direct the parties to participate in an ADR procedure; provided, that the court shall order participation in an arbitration or a summary jury trial only with the agreement of all parties.
(d) Later Recommendations of Parties for ADR Proceedings
As the case proceeds, if counsel for any party concludes that an ADR procedure would have a significant possibility of fostering an early and inexpensive resolution of the case, that counsel shall so advise the court and all other counsel in writing. Whenever possible, such reports should be submitted jointly by counsel for all parties.
(e) Proposed Pretrial Order
The proposed pretrial order, bearing the signatures of counsel for each party, shall be filed 30 days prior to the scheduled trial date, unless otherwise ordered by the court. (See LCR 16.1 for form of pretrial order)
(f) Reserved
(g) Reserved
(h) Plaintiff's Pretrial Statement
Not later than 30 days prior to the date for filing the proposed pretrial order, counsel for plaintiff(s) shall serve upon counsel for all other parties (but not file) a brief statement as to:
(1) Federal jurisdiction;
(2) Which claims for relief plaintiff intends to pursue at trial, stated in summary fashion;
(3) Relevant facts about which plaintiff asserts there is no dispute and which plaintiff is prepared to admit;
(4) Issues of law;
(5) The names and addresses of all witnesses who might be called by plaintiff, and the general nature of the expected testimony of each. As to each witness, plaintiff shall indicate "will testify" or "possible witness only." Rebuttal witnesses, the necessity of whose testimony cannot reasonably be anticipated before trial, need not be named;
(6) A list of all exhibits which will be offered by plaintiff at the time of trial, except exhibits to be used for impeachment only, and a statement of whether the plaintiff intends to present exhibits in electronic format to jurors. The exhibits shall be numbered in the manner required by the assigned judge during a pre-trial conference, in the applicable case management order, or by other order. Further clarification may be obtained by reviewing the assigned judge's web page at http://wawd.uscourts.gov or, in the absence of guidance in an order or on the web page, by contacting the assigned judge's courtroom deputy.
(7) Any portions of deposition transcripts to be offered by plaintiff at trial, as specified in LCR 32(e), except for deposition testimony offered solely for impeachment.
(i) Defendant's Pretrial Statement
Not later than 20 days prior to the filing of the proposed pretrial order, each defense counsel shall serve upon counsel for all other parties (but not file) a brief statement as to:
(1) Objections, additions or changes which defendant believes should be made to plaintiff's statement on federal jurisdiction and admitted facts;
(2) Which affirmative defenses and/or claims for relief defendant intends to pursue at trial, stated in summary fashion;
(3) Objections, additions or changes which defendant believes should be made to plaintiff's statement of issues of law;
(4) The names and addresses of all witnesses who might be called by defendant, and the general nature of the expected testimony of each. As to each witness, defendant shall indicate "will testify" or "possible witness only." Rebuttal witnesses, the necessity of whose testimony cannot reasonably be anticipated before trial, need not be named;
(5) A list of all exhibits which will be offered by defendant at the time of trial, except exhibits already listed by plaintiff and exhibits to be used for impeachment only, and a statement of whether the defendant intends to present exhibits in electronic format to jurors. All exhibits shall be numbered in the manner required by the assigned judge during a pre-trial conference, in the applicable case management order, or by other order. Further clarification may be obtained by reviewing the assigned judge's web page at http://wawd.uscourts.gov or, in the absence of guidance in an order or on the web page, by contacting the assigned judge's courtroom deputy.
No party is required to list any exhibit which is listed by another party.
(6) Any portions of deposition transcripts to be offered by defendant at trial, as specified in LCR 32(e), except for deposition testimony offered solely for impeachment.
(j) Review of Exhibits
Each exhibit listed in the pretrial statement of a party shall be promptly made available for inspection and copying upon request by counsel for any other party. Prior to the conference of attorneys, counsel for each party shall review every exhibit to be offered by any other party, and shall provide counsel for all other parties with a list stating whether, as to each exhibit, the party will (1) stipulate to admissibility, (2) stipulate to authenticity but not admissibility, or (3) dispute authenticity and admissibility.
(k) Conference of Attorneys
Not later than ten days prior to the filing of the proposed pretrial order, there shall be a conference of attorneys for the purpose of accomplishing the requirements of this rule. It shall be the duty of counsel for the plaintiff to arrange for the conference. The attorney principally responsible for trying the case on behalf of each party shall attend the conference. Each attorney shall be completely familiar with all aspects of the case in advance of the conference, and be prepared to enter into stipulations with reference to as many facts, issues, deposition excerpts, and exhibits as possible, and to discuss the possibility of settlement. At the conference, counsel shall cooperate in developing a proposed pretrial order which can be signed by counsel for all parties. Except in land condemnation cases, the order shall, insofar as possible, be in the form set forth below in LCR 16.1. The parties' witness lists may be on separate pages. Counsel shall assemble a single pretrial order, properly paginated.
(l) Final Pretrial Conference
The court may, in its discretion, schedule a final pretrial conference. Counsel who will have principal responsibility for trying the case for each party shall attend, together with any party proceeding pro se. At the final pretrial conference, the court may consider and take action with respect to:
(1) The sufficiency of the proposed pretrial order;
(2) Any matters which may be presented relative to parties, process, pleading or proof, with a view to simplifying the issues and bringing about a just, speedy and inexpensive determination of the case;
(3) In jury cases, whether the parties desire to stipulate that a verdict or a finding of a stated majority of the jurors shall be taken as the verdict or finding of the jury;
(4) Requirements with respect to trial briefs;
(5) Requirements with respect to requests for instruction and suggested questions to be asked by the court on voir dire in cases to be tried by jury;
(6) The number of expert witnesses to be permitted to testify on any one subject;
(7) The possibility of settlement; but nothing with respect thereto shall be incorporated in the pretrial order, and any discussion with respect to settlement shall be entirely without prejudice, and may not be referred to during the trial of the case or in any arguments or motions.
(m) Other General Provisions
(1) In order to accomplish effective pretrial procedures and to avoid wasting the time of the parties, counsel, and the court, the provisions of this rule will be strictly enforced. Sanctions and penalties for failure to comply are set forth in LCR 11 and in the Federal Rules of Civil Procedure.
(2) The court may, by order in a specific case, modify or forgo any of the procedures or deadlines set forth in this rule.
(3) A party proceeding without counsel shall comply in all respects with obligations imposed upon "counsel" under this rule.
(4) The full-time magistrate judges of this court are authorized to conduct pretrial conferences, enter and modify scheduling orders, and perform all other functions performed by district judges under Fed. R. Civ. P. 16 and this rule.