Scheduling Order – Full Text – Template 2023
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
__________________________________________
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__________________, )
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Plaintiff(s), )
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v. ) Civil Action No.
) ________-FDS
__________________, )
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Defendant(s). )
__________________________________________)
SCHEDULING ORDER
SAYLOR, C.J.
This Scheduling Order is intended to provide a reasonable timetable for discovery and
motion practice in order to help ensure a fair and just resolution of this matter without undue
expense or delay.
Timetable for Discovery and Motion Practice
Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure and Local Rule 16.1(F), it
is hereby ORDERED that:
1. Initial Disclosures. Initial disclosures required by Fed. R. Civ. P. 26(a)(1) must be
completed by : ______________.
2. Amendments to Pleadings. Except for good cause shown, no motions seeking leave to add
new parties or to amend the pleadings to assert new claims or defenses may be filed after
______________.
3. Fact Discovery - Interim Deadlines.
a. Written discovery (requests for production of documents, interrogatories and
request for admissions) shall be served no later than : ______________.
b. All depositions, other than expert depositions, must be completed by ______________.
4. Fact Discovery - Final Deadline. All discovery, other than expert discovery, must be
completed by ______________
5. Status Conference. Status conferences will be held by telephone on : ______________, at
_______, and ______________, at __________.
Scheduling Order – Full Text – Template 2023
6. Expert Discovery.
a. Plaintiff(s)’ trial experts must be designated, and the information contemplated by
Fed. R. Civ. P. 26(a)(2) must be disclosed, by: ______________.
b. Plaintiff(s)’ trial experts must be deposed by: ______________.
c. Defendant(s)’ trial experts must be designated, and the information contemplated
by Fed. R. Civ. P. 26(a)(2) must be disclosed, by: ______________.
d. Defendant(s)’ trial experts must be deposed by: ______________.
7. Dispositive Motions.
a. Dispositive motions, such as motions for summary judgment or partial summary
judgment and motions for judgment on the pleadings, must be filed by
______________.
b. Oppositions to dispositive motions must be filed within 21 days after service of
the motion.
8. Initial and Pretrial Conferences. The initial pretrial conference will be scheduled at a later
point in the proceedings. The parties must prepare and submit a pretrial memorandum in
accordance with Local Rule 16.5(d) five business days prior to the date of the conference,
except that the parties need not include matters required by Local Rule 16.5(d)(2) or (3). The
trial date will normally be set at the initial pretrial conference. A final pretrial conference will
be scheduled at the time the trial date is set. The court may also schedule interim pretrial
conferences in appropriate cases.
Procedural Provisions
1. Extension of Deadlines. Motions to extend or modify deadlines will be granted only for
good cause shown. All motions to extend shall contain a brief statement of the reasons
for the request; a summary of the discovery, if any, that remains to be taken; and a
specific date when the requesting party expects to complete the additional discovery, join
other parties, amend the pleadings, or file a motion.
2. Motions to Compel or Prevent Discovery. Except for good cause shown, motions to
compel discovery, motions for protective orders, motions to quash, motions to strike
discovery responses, and similar motions must be filed no later than the close of fact
discovery or the close of expert discovery, whichever deadline is relevant. If additional
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Scheduling Order – Full Text – Template 2023
discovery is compelled by the court after the relevant deadline has passed, the court may
enter such additional orders relating to discovery as may be appropriate.
3. Reply Memoranda. Parties need not seek leave of court to file a reply memorandum in
response to an opposition to any motion, provided that such a reply memorandum does
not exceed twelve pages, double-spaced, and is filed within seven days (excluding
intermediate Saturdays, Sundays, and legal holidays) after service of the opposition
memorandum. Parties may otherwise file reply or surreply memoranda only with leave
of court. When such leave is sought, the moving party may file a proposed reply or
surreply memorandum with the motion for leave.
4. Status Conferences. The court has scheduled a status conference after (or close to) the
close of fact discovery for case management purposes. Any party who reasonably
believes that a status conference will assist in the management or resolution of the case
may request one from the court upon reasonable notice to opposing counsel.
5. Additional Conferences. Upon request of counsel, or at the court’s own initiative,
additional case-management or status conferences may be scheduled. Parties may
request telephonic conferences where appropriate to avoid undue inconvenience or
expense.
6. Early Resolution of Issues. The court recognizes that, in some cases, resolution of one
or more preliminary issues may remove a significant impediment to settlement or
otherwise expedite resolution of the case. Counsel are encouraged to identify any such
issues and to make appropriate motions at an early stage in the litigation.
7. Attendance of Lead Counsel at Pretrial Conferences. Lead trial counsel are required
to attend the initial and final pretrial conferences, and any interim pretrial conferences
scheduled by the court. Other conferences may be handled by any counsel who is
appropriately prepared.
By the Court,
/s/ Matthew McKillop
Date Deputy Clerk
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