(a) Standard Track
(1) The case management of all cases on the Standard Track is governed by
the scheduling order.
(2) When a scheduling conference is requested, it may be conducted in
person, by telephone, or via videoconference at the discretion of the
judge.
(3) Before the requested scheduling conference, the parties must confer and
be prepared to discuss these topics: the voluntary exchange of
information and discovery; a discovery plan, including electronic
discovery issues; alternative dispute resolution (ADR) options; consent
to trial before the magistrate judge; the legal issues; dispositive motions;
and settlement.
(4) The Court may require the parties to file a joint proposed discovery and
motion plan before the conference.
(5) During the conference, the judge may explore the advisability and utility
of ADR, ascertaining actual discovery needs and costs, and imposing
discovery limits and deadlines.
(b) Complex Track
(1) Complex Track cases will follow the Standard Track in subsection (a)
with these modifications:
(2) In all Complex Track cases, promptly after the pleadings are complete,
an initial scheduling conference will be held before a judge. The
conference may be conducted in person, by telephone, or via
videoconference.
(3) Before the conference, the parties must meet either in person, by
telephone, or via videoconference and discuss the topics in subsection
(a)(3).
(4) Not less than 2 business days before the conference, the parties must
file a joint proposed discovery and motion plan, including a proposed
litigation schedule and any proposal for ADR.
District of Maine Local Rules
(5) During the initial conference, the judge may schedule a conference for
settlement discussions and, if so, will determine whether parties or
party representatives must attend the settlement conference.
(c) Administrative Track
(1) Post-Conviction Challenges
Proceedings on applications for habeas corpus under 28 U.S.C. § 2254
and proceedings on motions to vacate sentence under 28 U.S.C. § 2255
will be referred to a magistrate judge under 28 U.S.C. § 636(b)(1)(B) and
will be processed under the Rules Governing Section 2254 Cases, 28
U.S.C. § 2254, and the Rules Governing Section 2255 Proceedings, 28
U.S.C. § 2255, respectively.
(2) Social Security Disability Cases
These matters are referred upon filing to a magistrate judge for
proceedings under the Supplemental Rules for Social Security Actions
under 42 U.S.C. § 405(g). These additional procedures apply:
(A) Except by leave of Court, the parties’ principal briefs must not
exceed 20 pages and the plaintiff’s reply brief must not exceed 10
pages.
(B) Instead of filing a brief, the Commissioner may move to remand.
(C) The Court will schedule oral argument unless it determines, in
its discretion, that oral argument is unnecessary. If oral
argument is held, each party will be given 15 minutes to present
its position to the Court.
(D) If the parties have not consented to the magistrate judge’s
jurisdiction under 28 U.S.C. § 636(c), the magistrate judge will
issue a recommended decision. Any party desiring to object to the
recommended decision must do so under Federal Rule of Civil
Procedure 72(b)(2) and Local Rule 72(c). Any party basing its
objection or response on portions of oral argument will provide
the transcript.
(E) Local Rule 7 governs any motion practice arising from filing a
social security appeal.
District of Maine Local Rules
(3) Bankruptcy Appeals
Unless otherwise provided in these rules, the rules in Part VIII of the
Federal Rules of Bankruptcy Procedure (Rules 8001–8028) govern the
procedure on appeal to this Court of a judgment, order, or decree from
the United States Bankruptcy Court for the District of Maine
(Bankruptcy Court).
(A) The Clerk will issue the briefing schedule under Federal Rule of
Bankruptcy Procedure 8018.
(B) Local Rule 7 governs the timing and length limits of motion
practice in bankruptcy appeals to this Court.
(4) Other Cases
The case management of all other Administrative Track cases is
governed by the scheduling order.
(d) Prisoner Civil Rights Track
(1) All prisoner civil rights cases will be referred to a magistrate judge when
filed or removed from state court.
(2) The case management will be governed by a scheduling order entered
by the magistrate judge.
(e) Individuals With Disabilities Education Act (IDEA) Track
(1) Promptly after the pleadings are complete, an initial scheduling
conference will be held before a judge, which may be conducted in
person, by telephone, or via videoconference.
(2) The agenda for the initial conference may include these topics:
identifying the essential factual and legal issues of the case; the
organization of the administrative record; the impact on any non-IDEA
claims alleged; the mode and sequence for the presentation of additional
evidence, if any; and the briefing schedule.
(3) Counsel must not use the name of the child with a disability in court
filings, and must refer to the child with a disability by initials only, or
by the pseudonym of J. Doe under Local Rule 10(d).
District of Maine Local Rules
(4) The administrative record, transcript, and any additional evidence of
the administrative proceedings must be filed under seal under Local
Rule 5.2.
(f) Employee Retirement Income Security Act (ERISA) Track
(1) All cases brought under § 502(a)(1)(B) of the Employee Retirement
Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132(a)(1)(B), will be
referred to a magistrate judge.
(2) The case management of all ERISA Track cases will be governed by the
scheduling order.
(3) Scheduling conferences, at the discretion of the magistrate judge, may
be conducted in person, by telephone, or via videoconference.
District of Maine Local Rules
