(See Fed. R. Civ. P. 16, 26)
NOTE: The requirements for the scheduling and discovery report and
pretrial conference in class actions are located in SDIL-LR 23.1. To the
extent anything in this Local Rule conflicts with SDIL-LR 23.1, SDIL-
LR 23.1 takes priority.
(a) Initial Conference of the Parties; Submission of Report
At least 21 days before any scheduling conference set by the Court, the
attorneys (and any unrepresented parties) must confer in accordance with
Fed. R. Civ. P. 26(f). Within 14 days after conferring, and at least 7 days
before the date of the scheduling conference, a jointly prepared report
must be submitted to the judge before whom the conference is set. See
Form: Joint Report of the Parties and Proposed Scheduling and Discovery
Order. The filing of motions will not eliminate the duty to comply with this
Local Rule.
(b) Final Pretrial Conference
(1) Except in those cases listed in Fed. R. Civ. P. 26(a)(1)(B), a final
pretrial conference will be held before the judicial officer assigned
to try the case not less than 7 days prior to the presumptive trial
date. The parties shall confer and jointly submit a signed proposed
final pretrial order 3 business days before the date of the final
pretrial conference unless otherwise directed by the Court. The
parties are encouraged to review the case management procedures
for each judge as outlined on the Court’s website.
(2) Lead trial counsel for each party with authority to bind the party
shall be present at this conference.
(3) Unless stated otherwise in the presiding judge’s case management
procedures, the following issues shall be discussed at the final
pretrial conference and shall be included in the final pretrial order:
(A) the firm trial date (see SDIL-LR 16.1(b));
(B) stipulated and uncontroverted facts;
(C) list of issues to be tried;
(D) disclosure of all witnesses;
(E) listing and exchange of copies of all exhibits;
(F) pretrial rulings, where possible, on objections to evidence;
(G) disposition of all outstanding motions;
(H) elimination of unnecessary or redundant proof, including
Page 21 of 65
limitations on expert witnesses;
(I) itemized statements of all damages by all parties;
(J) bifurcation of the trial;
(K) limits on the length of trial;
(L) jury selection issues;
(M) any issue which may facilitate and expedite the trial, for
example, the feasibility of presenting testimony by a
summary written statement; and
(N) the date when proposed jury instructions shall be submitted
to the Court and opposing counsel, which, unless otherwise
ordered, shall be the first day of the trial.
(4) Trial briefs on any difficult, controverted factual or legal issue,
including anticipated objections to evidence, shall be submitted to
the Court at or before the final pretrial conference when possible.
