(a) Requirement for Initial Pretrial Order. There shall be an initial pretrial
order entered pursuant to the provisions of Fed.R.Civ.P. 16(b) and 26(f) in every civil
case, except in:
(1) Social Security cases and other actions for review of administrative
decisions;
(2) Prisoner petitions;
(3) Summons or subpoena enforcement proceedings;
(4) Bankruptcy appeals;
(5) Government collection cases and forfeiture proceedings; and
(6) Cases brought by pro se plaintiffs or in which all defendants are appearing
pro se.
The above categories of cases are exempted from the timing-and-sequence-of-
discovery provisions of Rule 26(d), and the meeting of parties described in Rule 26(f).
Category (1), (2), (3), and (4) cases require no pretrial management and are ready for
adjudication on the pleadings of the parties, unless the Court orders otherwise. Category
(5) cases (government collections and forfeitures) shall be governed by a 90-day period
of discovery from the filing of answer or other response, with dispositive motions due in
accordance with LR 56.1. Category (6) cases (pro se parties) shall be governed by a
scheduling order entered by the Court after an initial pretrial conference unless the
Court determines, in its discretion, that no conference is necessary ; discovery shall
not commence until entry of the scheduling order.
(b) Meeting of the Parties. Unless a case is exempt or the timing is altered by
paragraph 16.1(a) above or otherwise, within the time set by Fed.R.Civ.P. Rule 16(b), the
clerk shall schedule an initial pretrial conference and give at least thirty (30) days notice
thereof. In cases that are exempt under paragraph 16.1(a) from the meeting of the parties
described in Rule 26(f) because they involve pro se parties, parties in such cases may file
proposed Rule 26(f) report(s) within the time allowed and as otherwise provided by this
rule whether or not there is a meeting of the parties. The parties must hold their
Fed.R.Civ.P. 26(f) meeting at least 14 days before the scheduled initial pretrial
conference and submit to the Court their report within 10 days thereafter. The parties
may not stipulate out of the Rule 26(f) meeting but must meet to discuss a proposed
discovery plan. At the Rule 26(f) meeting, the parties shall discuss:
(1) All matters identified in Rules 16(b) and (c) and 26(f),
(2) The possibility of settlement,
(3) The proper management track for the case under LR 26.1,
(4) The timing of any mediated settlement conference under LR 16.4 and LR
83.9a-g, and the identity of any agreed-upon mediator,
(5) The nature of the documents and information believed necessary for the
case and whether a LR 5.5 Order should be entered,
(6) Issues of burden and relevance and the discoverability of different types of
documents,
(7) A preliminary schedule for depositions, to be updated at reasonable
intervals upon communication between the parties,
(8) The decision of each party whether or not to consent to the trial jurisdiction
of a Magistrate Judge; and
(9) Confirmation of the basis for federal subject matter jurisdiction, with
review of Federal Rule 7.1 and Local Rule 7.7 disclosures in diversity
cases, including citizenship of all members of an LLC and partners of a
partnership
(10) In cases when a party contends as part of their damages that they have
obtained medical or mental health care treatment, the parties should discuss
the scope of the records to be produced and which party will obtain and
produce the medical or mental health care records. When the parties agree
that the party defending such a claim may request the records from one or
more of the health care providers, then the party seeking such damages will
provide the opposing party with a HIPAA compliant release or
authorization that has been properly executed for each such provider within
14 days after the Rule 26(f) conference. Production may be subject to any
confidentiality protection agreed by the parties.
The parties shall jointly prepare a Rule 26(f) Report (LR 16.2) if they are in
agreement concerning a discovery plan for the case. If they do not agree, each shall file a
separate Rule 26(f) Report (LR 16.3), setting forth its position on disputed matters. The
Reports must be filed with the Court within 10 days of the Rule 26(f) meeting.
(c) Initial Pretrial Order by Conference. If the parties are unable to reach
agreement on a discovery plan and therefore submit separate Rule 26(f) Reports (LR
16.3), they shall appear for the scheduled initial pretrial conference. Each party shall
personally appear or be represented by an attorney who has full authority to bind the
party on the matters for discussion at the conference. After hearing from the parties, the
Court will enter an initial pretrial order that will control the conduct of the litigation.
(d) Initial Pretrial Order Upon the Joint Rule 26(f) Report. If the parties
reach agreement on a discovery plan and submit a joint Rule 26(f) Report, the Court will
enter an order on the basis of the proposed plan as submitted or as modified by the Court.
The Court may, on its own motion, modify the plan if it finds in its discretion that the
plan provides for an excessive amount of discovery or the parties’ selection of a case
management track under LR 26.1 is unreasonable. The scheduled initial pretrial
conference is automatically canceled upon the submission to the Court of the joint Rule
26(f) Report.
(e) Discovery with Respect to Expert Witnesses. The initial pretrial order,
whether based upon a joint Rule 26(f) Report or a conference following the filing of
separate reports, shall provide that discovery with respect to experts be conducted within
the discovery period established in the case. The order shall set the date on which
disclosure of expert information under Fed.R.Civ.P. 26(a)(2) must be made.
(f) Meeting on the Scope of Retention of Potentially Relevant Documents.
At any time prior to the meeting of parties required by LR 16.1(b), the parties by consent
may schedule a meeting relating to the scope of retention of potentially relevant
documents, including but not limited to documents stored electronically and the need to
suspend any automatic deletion or electronic documents or overwriting of backup
material tapes which may contain potentially relevant information. If any party requests
a meeting pursuant to LR 16.1(f) and does not obtain consent to such a meeting, the party
may file a motion with the Court asking for the entry of an Order requiring a LR 16.1(f)
meeting. If such a meeting occurs, by consent or by order, and no retention agreement
can be reached, a party may file a motion within 10 days of the Rule 16.1(f) conference
with the Court seeking an order on retention. A party’s use of, or failure to use, the
procedures contained herein, and any negotiations between the parties pursuant to this
subparagraph shall be inadmissible.
