LCvR16 – Pretrial Conferences; Scheduling; Management

LCvR16-1 Pretrial Procedures.

(a)

Applicability of Rule. All cases, except those exempted herein, are subject to the provisions of this local rule, but the judge assigned to any such case may, in his or her discretion, order the case exempt. Unless otherwise ordered by the Court, the following categories of actions are exempt from the requirements of Fed. R. Civ. P. 16(b) and this local rule:

(1)

Cases exempt from initial disclosure under Fed. R. Civ. P. 26(a)(1)(B);

(2)

Social Security Reviews/Appeals;

(3)

Bankruptcy Appeals and Withdrawals;

(4)

Immigration and Deportation Actions;

(5)

Forfeiture and Statutory Penalty Actions;

(6)

Federal Tax Suits;

(7)

Multidistrict Litigation Actions;

(8)

Government Collection Actions;

(9)

Governmental Administrative Enforcement Proceedings;

(10)

Eminent Domain Proceedings;

(11)

Land Condemnation Actions;

(12)

Foreclosure Actions;

(13)

Rent, Lease and Ejectment Actions;

(14)

Tort Product Liability - Asbestos Cases Only;

(15)

Cases for review of administrative decisions under the Employment Retirement Income Security Act;

(16)

State Reapportionment Actions;

(17)

Selective Service Actions;

(18)

Equal Access to Justice Act Filings;

(19)

Freedom of Information Act Suits;

(20)

Food Stamp Denial Actions;

(21)

Proceedings to compel arbitration or to confirm or set aside arbitration awards;

(22)

Proceedings relating solely to the giving of testimony or production of documents;

(23)

Proceedings involving water rights matters;

(24)

Proceedings requesting injunctive or emergency relief only; and

(25)

Cases assigned to be heard by a three-judge panel.

In exempt cases, the Court may issue standard scheduling orders, require compliance with the disclosure provisions of Fed. R. Civ. P. 26(a), or require compliance with Fed. R. Civ. P. 26(f) relating to planning meetings between the parties.

(b)

Scheduling and Planning.

(1)

Joint Status Report. In all nonexempt cases (and in exempt cases when directed to do so by the Court), trial counsel for all parties, and pro se parties, if any, shall confer and prepare and file a Joint Status Report (Form CV-03), available on the Court’s website. The Court may order the filing of a Joint Status Report by a date certain. However, if the Court does not order the filing of a Joint Status Report by a date certain, the Report shall be filed in accordance with the timing set forth in Fed. R. Civ. P. 26(f).

(2)

Required Attendance at Conference. Counsel with authority to make appropriate decisions and pro se parties shall attend any conference required by the Court. When justified by the circumstances, the Court may allow counsel or pro se parties to participate in such conference remotely. Pro se parties and counsel shall be prepared to discuss all relevant matters enumerated in Fed. R. Civ. P. 16(c)(2).

(c)

Pretrial Responsibilities.

(1)

Preparation of Status Reports, Final Pretrial Orders, and Other Orders.

(A)

Unless otherwise ordered by the Court, plaintiff’s counsel, with full and timely cooperation of other counsel and pro se parties, is responsible for preparing, obtaining approval of all parties, and furnishing the Court any status reports, pretrial orders, or other orders required by the Court or these local rules.

(B)

The jointly prepared, proposed, final Pretrial Order, conforming to the format required by the judge presiding in the case, shall be tendered to the Clerk of Court by plaintiff’s counsel seven days before the pretrial conference, unless otherwise ordered by the Court. The proposed, final Pretrial Order shall be submitted in compliance with the Procedure for Submitting Proposed Documents to the Court, available on the Court’s website.

LCvR16-2 Settlement Conferences; Scheduling; Management; Process.

(a)

Purpose. The purpose of the settlement conference is to permit an informal discussion between the attorneys, parties, and the settlement judge on every aspect of the case bearing on its settlement value in an effort to resolve the matter before trial. The parties and counsel shall participate in the conference in good faith. This means that based on discussion at the conference, the parties will reconsider their negotiating positions, objectively evaluating the strengths and weaknesses of their case or defense, the anticipated cost of the litigation and the uncertainty of a particular result.

(b)

Scheduling. All civil cases set on a trial docket are automatically set for settlement conference before the settlement judge. The Court may, sua sponte, or on the request of any of the parties, schedule a settlement conference at any practicable time. The terms of the Settlement Conference Order govern the procedures for the settlement conference. The assigned district judge may, in his or her discretion, require that the parties pay for a settlement conference in any reasonable manner or amount.

(c)

Settlement Judges.

(1)

Definition and Disqualification. The settlement judge who presides over the settlement conference may be a district judge or a magistrate judge, other than a judge assigned to the case, or an adjunct settlement judge. The settlement judge will take no part in adjudicating the case after the settlement conference. Any party or counsel of record may move to disqualify the assigned settlement judge pursuant to 28 U.S.C. § 455, other applicable law or professional responsibility standards.

(2)

Adjunct Settlement Judges.

(A)

Selection. Adjunct settlement judges shall be selected by the Court from among members of the bar in good standing and chosen based upon their expertise, experience, actual and apparent impartiality, reputation for fairness, training, and temperament. They shall be invited to serve without compensation and commit to conduct a minimum of six settlement conferences per year.

(B)

Assignment and Appointment. The magistrate judge responsible for the Court’s settlement program will assign a settlement judge to a particular case. In cases where the settlement effort is expected to be extensive, or in connection with discovery matters, the Court may appoint an adjunct settlement judge as a special project settlement judge or discovery judge, and order the parties to pay for the adjunct settlement judge’s time at a reasonable hourly rate. Such payment shall be apportioned between the parties as agreed, or by the Court on an equitable basis.

(3)

Authority of Settlement Judge. The settlement judge may excuse attendance of any attorney, party, or party’s representative, except as provided in LCvR16-2(d)(2); meet jointly or individually with counsel, alone or with parties or persons or representatives interested in the outcome of the case without the presence of counsel; and issue such other and additional requirements as shall seem proper, including follow-up sessions telephonically or otherwise, in order to expedite an amicable resolution of the case.

(d)

Settlement Conference Process.

(1)

Pre-conference Preparation. Before the settlement conference, attorneys shall discuss settlement with their respective clients and opposing counsel (or pro se parties) so that the issues and bounds of settlement have been explored in advance of the settlement conference. The parties, their representatives and attorneys must be prepared to be completely candid with the settlement judge so that the judge may properly guide settlement discussions. Pertinent evidence to be offered at trial may be brought to the settlement conference for presentation if particularly relevant.

(2)

Governmental Entities. In the event a governmental entity that is a party determines that it will be unable to provide a representative with full settlement authority at the settlement conference, the governmental entity shall promptly move for leave to proceed with a representative with limited authority. The motion shall be filed no later than fourteen days before the settlement conference and shall contain: (1) a statement explaining why it is impracticable for a representative with full settlement authority to attend the conference; (2) a detailed description of the limited authority to be exercised at the conference; and (3) alternative proposals by which the governmental entity may exercise full authority at or after the conference. Upon consideration of the motion, the Court may allow the governmental entity to appear through a representative with limited authority or may, notwithstanding the motion, require appropriate representatives to appear as may be necessary to have full settlement authority at the conference.

(3)

Written Settlement Conference Statements. Settlement conference statements shall be submitted to the settlement judge and served on opposing counsel in accordance with the deadlines outlined in the Settlement Conference Order filed in the case. The statements shall concisely summarize the parties’ claims/defenses/counterclaims, and the parties’ views concerning factual issues, issues of law, liability, damages or relief requested. The statement shall not exceed five, single-spaced pages and shall not be filed in the case or made part of the Court file.

(4)

Attendance Requirements. The lead attorney who will try the case for each party shall appear at the settlement conference. If a party is not a natural person, the party shall send a representative with full settlement authority. Outside counsel may not serve as a party representative. Other interested entities such as insurers or indemnitors shall attend and are subject to the provisions of this Rule. Governmental entities and boards shall send a representative and counsel who, together, are knowledgeable about the facts of the case and the governmental unit’s or board’s position, and have, to the greatest extent feasible, authority to settle. Except as provided in LCvR16-2(d)(2), only the settlement judge or the Court may excuse attendance of any attorney, party, or party representative. Any party excused from appearing in person shall be available to participate remotely, if required. Failure to attend the settlement conference or failure to cooperate fully may result in the imposition of sanctions in accordance with Fed. R. Civ. P. 16(f).

(5)

Conclusion of the Settlement Conference. At the conclusion of the settlement conference, the settlement judge shall notify the Court whether the case did or did not settle and submit a Settlement Conference Report to the magistrate judge responsible for the Court’s settlement program. If the case settled, counsel shall prepare and file the appropriate dismissal or closing papers by any deadline set in the report.

(e)

Confidentiality. The settlement judge, all counsel and parties, and any other persons attending the settlement conference shall treat as confidential all written and oral communications made in connection with or during any settlement conference. Neither the settlement conference statements nor communications during the conference with the settlement judge may be used by any party in the trial of the case unless otherwise permitted under Fed. R. Evid. 408. No communication relating to or occurring at a Court-ordered settlement conference may be used in any aspect of any litigation except proceedings to enforce a settlement agreed to at the conference, unless otherwise permitted under Fed. R. Evid. 408. No settlement judge may be called as a witness, except as requested by a judge of this Court. In that instance, the settlement judge shall not be deposed, and shall testify as the Court’s witness.

(f)

Alternative Methods. The Court may, in its discretion, set any civil case for summary jury trial, mini-trial, executive summary jury trial (summary jury trial where chief executive officers of corporate parties participate as part of a three-judge trial panel), mediation, arbitration, or other method of alternative dispute resolution as the Court may deem proper, so long as due process is not abrogated or impaired.