The party instituting an action requiring a three-judge court shall advise the clerk that such a court
is requested and shall specify the statute involved. In such cases counsel shall furnish the clerk with
three additional copies of all pleadings filed and all briefs submitted.
LR10.1. Responsive Pleadings
Responsive pleadings shall be made in numbered paragraphs each corresponding to and stating a
concise summary of the paragraph to which it is directed.
LR16.1. Standing Order Establishing Pretrial Procedure
(Adopted Pursuant to General Order of 26 June 1985; Amended Pursuant to General Orders
of 27 November 1991 and 9 March 1995)
1. Introduction
This pretrial procedure is intended to secure a just, speedy, and inexpensive determination of the
issues. If the type of procedure described below does not appear calculated to achieve these ends in
this case, counsel should seek an immediate conference with the judge and opposing counsel so
that alternative possibilities may be discussed. Failure of either party to comply with the substance
or the spirit of this Standing Order may result in dismissal of the action, default or other sanctions
appropriate under Fed. R. Civ. P. 16 or 37, 28 U.S.C. §1927 or any other applicable provisions.
Parties should also be aware that there may be variances in the forms and procedures used by each
of the judges in implementing these procedures. Accordingly, parties should contact the minute
clerk for the assigned judge for a copy of any standing order of that judge modifying these
procedures.
2. Scheduling Conference
Within 60 days after the appearance of a defendant and within 90 days after the complaint has been
served on a defendant in each civil case (other than categories of cases excepted by local Civil Rule
16.1), the court will usually set a scheduling conference (ordinarily in the form of a status hearing)
as required by Fed.R.Civ.P. 16. At the conference, counsel should be fully prepared and have
authority to discuss any questions regarding the case, including questions raised by the pleadings,
jurisdiction, venue, pending motions, motions contemplated to be filed, the contemplated joinder of
additional parties, the probable length of time needed for discovery and the possibility of settlement
of the case. Counsel will have the opportunity to discuss any problems confronting them, including
the need for time in which to prepare for trial.
3. Procedures for Complex or Protracted Discovery
If at any time during the scheduling conference or later status, hearings it appears that complex or
protracted discovery will be sought, the court may
(a) determine that the Manual on Complex Litigation 2d be used as a guide for
procedures to be followed in the case, or
(b) determine that discovery should proceed by phases, or
(c) require that the parties develop a joint written discovery plan under
Fed.R.Civ.P. 26 (f).
If the court elects to proceed with phased discovery, the first phase will address information
necessary to evaluate the case, lay the foundation for a motion to dismiss or transfer, and explore
settlement. At the end of the first phase, the court may require the parties to develop a joint written
discovery plan under Fed.R.Civ.P. 26 (f) and this Standing Order.
If the court requires parties to develop a discovery plan, such plan shall be as specific as possible
concerning dates, time, and places discovery will be sought and as to the names of persons whose
depositions will be taken. It shall also specify the parties' proposed discovery closing date. Once
approved by the court, the plan may be amended only for good cause. Where the parties are unable
to agree on a joint discovery plan, each shall submit a plan to the court. After reviewing the
separate plans, the court may take such action as it deems appropriate to develop the plan.
Where appropriate, the court may also set deadlines for filing and a time framework for the
disposition of motions.
4. Discovery Closing Date
In cases subject to this Standing Order, the court will, at an appropriate point, set a discovery
closing date. Except to the extent specified by the court on motion of either party, discovery must
be completed before the discovery closing date. Discovery requested before the discovery closing
date, but not scheduled for completion before the discovery closing date, does not comply with this
order.
5. Settlement
Counsel and the parties are directed to undertake a good faith effort to settle that includes a
thorough exploration of the prospects of settlement before undertaking the extensive labor of
preparing the Order provided for in the next paragraph. The court may require that representatives
of the parties with authority to bind them in settlement discussions be present or available by
telephone during any settlement conference.
If the parties wish the court to participate in a settlement conference, counsel should ask the court
or the minute clerk to schedule such conference. In a case where the trial will be conducted without
a jury, particularly as the case nears the date set for trial, the preferred method of having the court
preside over settlement talks is for the assigned judge to arrange for another judge to preside or to
refer the task to a magistrate judge. If the case has not been settled and is placed on the court's trial
calendar, settlement possibilities should continue to be explored throughout the period before trial.
If the case is settled, counsel shall notify the minute clerk promptly and notice up the case for final
order.
6. Final Pretrial Order
The court will schedule dates for submission of a proposed final pretrial order ( Order ) and final
pretrial conference ( Conference ) in accordance with Fed.R.Civ.P. 16. In the period between notice
and the date for submission of the pretrial order:
(a) Counsel for all parties are directed to meet in order to (1) reach agreement on any possible
stipulations narrowing the issues of law and fact, (2) deal with nonstipulated issues in the manner
stated in this paragraph and (3) exchange copies of documents that will be offered in evidence at
the trial. The court may direct that counsel meet in person (face-to-face). It shall be the duty of
counsel for plaintiff to initiate that meeting and the duty of other counsel to respond to plaintiff's
counsel and to offer their full cooperation and assistance to fulfill both the substance and spirit of
this standing order. If, after reasonable effort, any party cannot obtain the cooperation of other
counsel, it shall be his or her duty to advise the court of this fact by appropriate means.
(b) Counsel s meeting shall be held sufficiently in advance of the date of the scheduled Conference
with the court so that counsel for each party can furnish all other counsel with a statement (
Statement ) of the issues the party will offer evidence to support. The Statement will (1) eliminate
any issues that appear in the pleadings about which there is no controversy, and (2) include all
issues of law as well as ultimate issues of fact from the standpoint of each party.
(c) It is the obligation of counsel for plaintiff to prepare from the Statement a draft Order for
submission to opposing counsel. Included in plaintiff's obligation for preparation of the Order is
submission of it to opposing counsel in ample time for revision and timely filing. Full cooperation
and assistance of all other counsel are required for proper preparation of the Order to fulfill both
the substance and spirit of this Standing Order. All counsel will jointly submit the original and one
copy of the final draft of the Order to the judge's chambers (or in open court, if so directed) on the
date fixed for submission.
(d) All instructions and footnotes contained within the Final Pretrial Order form promulgated with
this Standing Order must be followed. They will be binding on the parties at trial in the same
manner as though repeated in the Order. If any counsel believes that any of the instructions and/or
footnotes allow for any part of the Order to be deferred until after the Order itself is filed, that
counsel shall file a motion seeking leave of court for such deferral.
(e) Any pending motions requiring determination in advance of trial (including, without limitation,
motions in limine, disputes over specific jury instructions or the admissibility of any evidence at
trial upon which the parties desire to present authorities and argument to the court) shall be
specifically called to the court's attention not later than the date of submission of the Order.
(f) Counsel must consider the following matters during their conference:
(1) Jurisdiction (if any question exists in this respect, it must be identified in the Order);
(2) Propriety of parties; correctness of identity of legal entities; necessity for appointment
of guardian, administrator, executor or other fiduciary, and validity of appointment if
already made; correctness of designation of party as partnership, corporation or
individual d/b/a trade name; and
(3) Questions of misjoinder or nonjoinder of parties.
7. Final Pretrial Conference
At the Conference each party shall be represented by the attorneys who will try the case (unless
before the conference the court grants permission for other counsel to attend in their place). All
attending attorneys will familiarize themselves with the pretrial rules and will come to the
Conference with full authority to accomplish the purposes of F.R.Civ.P. 16 (including simplifying
the issues, expediting the trial and saving expense to litigants). Counsel shall be prepared to discuss
settlement possibilities at the Conference without the necessity of obtaining confirmatory
authorization from their clients. If a party represented by counsel desires to be present at the
Conference, that party's counsel must notify the adverse parties at least one week in advance of the
conference. If a party is not going to be present at the Conference, that party's counsel shall use
their best efforts to provide that the client can be contacted if necessary. Where counsel represents
a governmental body, the court may for good cause shown authorize that counsel to attend the
Conference even if unable to enter into settlement without consultation with counsel s client.
8. Extensions of Time for Final Pretrial Order or Conference
It is essential that parties adhere to the scheduled dates for the Order and Conference, for the
Conference date governs the case's priority for trial. Because of the scarcity of Conference dates,
courtesy to counsel in other cases also mandates no late changes in scheduling. Accordingly, no
extensions of the Order and Conference dates will be granted without good cause, and no request
for extension should be made less than 14 days before the scheduled Conference.
9. Action Following Final Pretrial Conference
At the conclusion of the Conference the court will enter an appropriate order reflecting the action
taken, and the case will be added to the civil trial calendar. Although no further pretrial conference
will ordinarily be held thereafter, a final conference may be requested by any of the parties or
ordered by the court prior to trial. Any case ready for trial will be subject to trial as specified by the
court.
10. Documents Promulgated with the Standing Order
Appended to this Standing Order are the following:
(a) a form of final pretrial order;
(b) a form for use as Schedule (c), the schedule of exhibits for the final pretrial order;
(c) a form of pretrial memorandum to be attached to the completed final pretrial order in
personal injury cases;
(d) a form of pretrial memorandum to be attached to the completed final pretrial order in
employment discrimination cases; and 9
(e) guidelines for preparing proposed findings of fact and conclusions of law.
Each of the forms is annotated to indicate the manner in which it is to be completed.
The above forms are available from the clerk's office.
LR16.1.1. Pretrial Procedures
(a) Standing Order & Form. Pursuant to Fed.R.Civ.P. 16, the Court has adopted a standing order on
pretrial procedures together with model pretrial order forms. Copies of the standing order and
forms shall be available from the clerk [see appendix]. The procedures set forth in the standing
order, except for the need to prepare the pretrial order itself, shall apply to all civil cases except for
those in categories enumerated in section (b) of this rule. As to all other cases, a pretrial order shall
be prepared whenever the judge to whom a case is assigned so orders.
(b) Exempted Classes of Cases. The pretrial procedures adopted pursuant to section (a) of this
rule shall not apply to the following classes of civil cases (The statistical nature of suit (“NS”)
codes are shown in parentheses following the class of cases.):
(1) Recovery of overpayments and student loan cases (NS: 150, 152, 153);
(2) Mortgage foreclosure cases (NS: 220);
(3) Prisoner petitions (NS: 510, 520, 530, 540, 550);
(4) U.S. forfeiture/penalty cases (NS: 610, 620, 630, 640, 650, 660, 690);
(5) Bankruptcy appeals and transfers (NS: 420, 421
(6) Deportation reviews (NS: 460);
(7) ERISA: Collections of Delinquent Contributions;
(8) Social Security reviews (NS: 861, 862, 863, 864, 865);
(9) Tax suits & IRS third party (NS: 870, 871);
(10) Customer challenges 12 U.S.C. §3410 (NS: 875); or
(11) cases brought under the Agricultural Acts, Economic Stabilization Act, Energy
Allocation Act, Freedom of Information Act, Appeal of Fee Determination Under Equal
Access to Justice Act, NARA Title II (NS: 891, 892, 894, 895, 900, 970)
Notwithstanding the provisions of this rule, a pretrial order shall be prepared whenever
the judge to whom a case is assigned so orders.
Amended June 29, 2015
LR16.2. Pretrial Conferences and Status Hearings
At the discretion of the court pretrial conferences or status hearings held pursuant to Fed.R.Civ.P.
16(a) may be conducted by telephone or other appropriate means. The court may require parties to
provide written status reports in advance of any such hearing.
LR16.3. Voluntary Mediation Program
(a) Program Established. A program for voluntary mediation is established for cases arising
under the Federal Trademark Act of 1946, 15 U.S.C. §§ 1051-1127 (“the Lanham Act”).
(b) Procedures. The voluntary mediation program shall follow the procedures approved by the
Executive Committee. The procedures outline the responsibilities of counsel and the parties in
cases that are eligible for the mediation program. Copies of the procedures may be obtained from
the clerk.
(c) Confidentiality All mediation proceedings, including any statement made by any party,
attorney or other participant, shall, in all respects, be privileged and not reported, recorded, placed
in evidence, made known to the trial court or jury, or construed for any purpose as an admission.
No party shall be bound by anything done or said at the conference unless a settlement is reached,
in which event the settlement shall be reduced to writing and shall be binding upon all parties.
LR16.4. Scheduling in Social Security Cases
In cases brought pursuant to 42 U.S.C. § 405(g) for benefits under the Social Security Act, the
following schedule is established unless otherwise ordered:
(a) Plaintiff’s brief in support of reversing or remanding the decision subject to review is due
within 60 days of the filing of the administrative record (no motion required).
(b) The Social Security Administration’s motion to affirm the decision subject to review and its
brief in support are due 45 days after plaintiff’s brief is filed.
(c) Plaintiff’s reply brief, if any, is due 14 days after defendant’s brief is filed.
Amended January 31, 2014
Local Rule 16.4 Abrogated Per General Order 23-0039 on October 3, 2023.
LR17.1. Actions By or On Behalf of Infants or Incompetents
Any proposed settlement of an action brought by or on behalf of an infant or incompetent shall not
become final without written approval by the court in the form of an order, judgment or decree.
The court may authorize payment of reasonable attorney’s fees and expenses from the amount
realized in such an action.
LR24.1. Notice of Claims of Unconstitutionality
In order to assist the court in its statutory duty under 28 U.S.C. §2403, counsel raising a question of
the constitutionality of an Act of Congress affecting the public interest shall promptly advise the
court in writing of such fact.
LR26.1. Scheduling Conference
Rule 26(f) meetings may be conducted by telephone. Unless otherwise ordered by the
court (1) parties need not present a written report outlining the discovery plan at the
preliminary pretrial conference, and (2) the initial status hearing shall be the scheduling
conference referred to in Fed.R.Civ.P.16.
Amended 11/30/00 and 10/24/16
LR26.2. Sealed Documents
(a) Definitions. As used in this rule the term:
"Sealed document" means a document that the court has directed be maintained under seal
electronically or, where the court allows a sealed document to be filed non-electronically, within a
sealed enclosure such that access to the document requires breaking the seal of the enclosure; and
“Sealing order" means any order restricting access to one or more documents filed or to be filed
with the court.
(b) Sealing Order. The court may for good cause shown enter an order directing that one or more
documents be filed under seal. No attorney or party may file a document under seal without order
of court specifying the particular document or portion of a document that may be filed under seal,
except that a document may provisionally be filed under seal pursuant to subsection (c) below.
(c) Sealing Motion for Documents filed Electronically. Any party wishing to file a document or
portion of a document electronically under seal in connection with a motion, brief or other
submission must:
(1) Electronically file a public-record redacted version of the brief, motion, or other filing,
with those portions of the text that the party proposes to be placed under seal redacted in the
text of the filing as well as any portions of attached exhibits also redacted. If an attached
exhibit (or similar document) is proposed to be fully redacted, a corresponding exhibit sheet
marked “Fully Redacted” should be attached to the motion in lieu of including a fully
redacted document;
(2) Provisionally file the non-redacted version of the entire document, including all
exhibits, under seal. The document provisionally filed under seal must include the
proposed redactions highlighted in a visible color in the text of the document so that the text
is readable. If the proposed sealed document is an exhibit or similar document and the
party is requesting that the entire document be placed under seal, the exhibit should be
marked as “Under Seal” using a full-page watermark notation or highlighting the entire
document as described above. If only portions of the attached exhibit or document are
proposed to be placed under seal, then those portions of the exhibit or document should be
highlighted as described above; and
(3) The party seeking to file a document under seal must file a motion with the court. The
sealing motion must be filed before or simultaneously with the provisional filing of the
document under seal and must be noticed for presentment promptly thereafter. Any
document filed under seal without such a sealing motion may be stricken by the court
without notice. Any motion seeking to seal a document or portion of document must
articulate the basis for good cause to justify the sealing, and should do that on an item by
item basis. A statement generally asserting good cause does not satisfy this standard.
(d) Sealing Motion for Documents not filed Electronically. Where the court has permitted
documents to be filed non-electronically, the party seeking to file a document under seal must,
before filing the document, move the court for a sealing order specifying the particular document
or portion of a document to be filed under seal. The final paragraph of the order shall state the
following information: (1) the identity of the persons, if any, who are to have access to the
documents without further order of court; and (2) instructions for the disposition of the restricted
documents following the conclusion of the case. A copy of the sealing order must be included with
any document presented for filing under seal. The attorney or party submitting a restricted
document must file it in a sealed enclosure that conspicuously states on the face of the enclosure
the attorney's or party's name and address, including e-mail address if the attorney is registered as a
Filing User of electronic case filing, the caption of the case, and the title of the document.
(e) Copies Served on Counsel and Judge’s Paper Courtesy Copy. Any sealed document served
on any other party and any judge’s paper courtesy copy must be a complete version, without any
redactions made to create the public-record version unless otherwise ordered for good cause
shown.
(f) Docket Entries. The court may on written motion and for good cause shown enter an order
directing that the docket entry for a sealed document show only that a sealed document was filed
without any notation indicating its nature. Unless the Court directs otherwise, a sealed document
shall be filed pursuant to procedures referenced by Local Rule 5.8.
(g) Inspection of Sealed Documents. The clerk shall maintain a record in a manner provided for
by internal operating procedures approved by the Court of persons permitted access to sealed
documents that have not been filed electronically. Such procedures may require anyone seeking
access to show identification and to sign a statement to the effect that they have been authorized to
examine the sealed document.
(h) Disposition of Sealed Non-electronic Documents. When a case is closed in which an order
was entered pursuant to section (b) of this rule, the clerk shall maintain the documents filed under
seal non-electronically as sealed documents for a period of 63 days following the final disposition
including appeals. Except where the court in response to a request of a party made pursuant to this
section or on its own motion orders otherwise, at the end of the 63 day period the clerk shall notify
the attorney or party who filed the documents that the documents must be retrieved from the clerk’s
office within 30 days of notification. If the parties do not retrieve the sealed documents within 30
days, the clerk shall destroy the documents.
Amended October 2, 2012, October 23, 2017; October 24, 2024
LR26.3. Discovery Materials Offered in Evidence as Exhibit
Discovery materials, including disclosure of expert testimony, shall not be filed with the court
unless they are filed in support of or in opposition to a motion.
Amended March 28, 2024
LR26.4. Testimony for Use in Foreign Tribunals
Where an interested person requests to take the testimony or statement of any person pursuant to 28
U.S.C. §1782 for use in a proceeding in a foreign or international tribunal, notice to the parties
before the foreign or international tribunal must be provided except where the requesting party
shows cause why notice could not be given. Where the request is sought by a letter rogatory or
request made by a foreign or international tribunal, the request may be made ex parte.
Amended June 2, 2011
LR27.1. Depositions: Fees for Attorneys Appointed to Represent Absent Party
An order appointing an attorney to represent the absent expected adversary party and to cross-
examine the proposed witness pursuant to Fed.R.Civ.P. 27(a)(2) shall set the attorney’s
compensation including expenses. The compensation so set shall be paid by the petitioner prior to
the appearance of the appointed attorney at the examination.
