UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
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Plaintiff, )
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v. ) Civil Action No.
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Defendant. )
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SCHEDULING ORDER
[Date]
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: The parties will exchange the information required by Fed.
R. Civ. P. 26(a)(1) 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. All written fact discovery must be served by _________.
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 _________.
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5. Status Conference. A status conference will be held on ____________ in
Courtroom 14 on the 5th floor before the Hon. Jennifer C. Boal, U.S.M.J. By
___________, the parties shall file a STATUS REPORT indicating the current
status of the case, including whether the parties intend to seek expert discovery
and/or intend to file any dispositive motions, whether the parties are interested in
mediation, as well as any other matter relevant to the progress of the case.
6. Expert Discovery.
a. Plaintiff(s)’ trial experts must be designated, and the information required
by Fed. R. Civ. P. 26(a)(2) must be disclosed by ____________________.
b. Defendant(s)’ trial experts must be designated, and the information
required by Fed. R. Civ. P. 26(a)(2) must be disclosed by
_________________.
c. Expert depositions must be completed 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 ___ days after
service of the motion.
c. In addition to the requirements set out in Local Rule 56.1, and in order for
the Court to have in hand a single document containing the parties’
positions as to material facts in an easily comprehensible form, the
opposing party, in preparing its response to the statement of facts, shall
reprint the moving party’s statement of material facts and shall set forth a
response to each directly below the appropriate numbered paragraph. In
addition to any required filing on the CM/ECF system, the parties must
also email the Clerk the resulting single consolidated statement of facts for
the Court’s review in either Microsoft Word or Word Perfect.
Procedural Provisions
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1. Status Conferences. The Court has scheduled a status conference after (or close
to) the close of 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.
2. 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.
3. 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.
4. Modification of Scheduling Order. Pursuant to Local Rule 16.1(g), the
Scheduling Order, having been established with the participation of all parties,
can be modified only by court order, and only upon a showing of good cause
supported by affidavits, other evidentiary materials, or references to pertinent
portions of the record. 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.
/s/ Jennifer C. Boal
JENNIFER C. BOAL
United States Magistrate Judge
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