(a) The court shall issue a scheduling order within the earlier of ninety
(90) days after any defendant has been served with the complaint or sixty (60) days
after any defendant has appeared, unless the court finds good cause to delay. All
parties receiving notice of the scheduling conference shall attend in person or by
counsel and shall be prepared to discuss the following subjects:
(1) Service of process on parties not yet served;
(2) Jurisdiction and venue;
(3) Anticipated motions, including Daubert motions, and deadlines
as to the filing and hearing of motions;
(4) Appropriateness and timing of motions for dismissal or for
summary judgment under Fed. R. Civ. P. 12 or 56;
(5) Deadlines to join other parties and to amend pleadings;
(6) Anticipated or remaining discovery, including discovery cut-
off;
(7) The control and scheduling of discovery, including orders
affecting disclosures and discovery pursuant to Fed. R. Civ. P. 26 – 37;
(8) Further proceedings, including setting dates for pretrial and
trial;
(9) Appropriateness of special procedures, such as consolidation of
actions for discovery or pretrial, reference to a master or magistrate judge or
to the Judicial Panel on Multidistrict Litigation, alternative dispute
procedures, application of the Manual for Complex Litigation, or early
discovery in RICO actions;
(10) Modification of the standard pretrial procedures specified by
this rule on account of the relative simplicity or complexity of the action or
proceeding;
(11) Prospects for settlement, including participation in the court’s
mediation program or any other alternative dispute resolution process; and
(12) Any other matters that may be conducive to the just, efficient,
and economical determination of the action or proceeding, including any of
the matters specified in Fed. R. Civ. P. 16(c).
(b) Each party shall file with the court and serve on all parties a
Scheduling Conference Statement at least seven (7) days prior to the scheduling
conference. The Scheduling Conference Statement shall include the following:
(1) A short statement of the nature of the case;
(2) A statement of jurisdiction with cited authority for jurisdiction
and a short description of the facts conferring venue;
(3) Whether jury trial has been demanded;
(4) A statement addressing the appropriateness, extent, and timing
of disclosures pursuant to Fed. R. Civ. P. 26 and LR26.1 that are not covered
by the report(s) filed pursuant to Fed. R. Civ. P. 26(f);
(5) A list of discovery completed, discovery in progress, motions
pending, and hearing dates;
(6) A statement addressing the appropriateness of any of the special
procedures or other matters specified in Fed. R. Civ. P. 16(c) and LR16.2
that are not covered by the joint report filed pursuant to Fed. R. Civ. P. 26(f);
(7) A statement identifying any related case, including pending
cases as well as cases that have been adjudicated or have otherwise been
terminated, in any state or federal court; and
(8) Additional matters at the option of counsel.
(c) Exempt Cases. Unless the court orders otherwise, this rule does not
apply to proceedings described in Fed. R. Civ. P. 26(a)(1)(B).
(d) The court will notify all parties of the date and time of the scheduling
conference and may, in its discretion, conduct the scheduling conference by
telephone or video technology.
