(a) Differentiated Case Management and Commencement of Discovery.
Every case in which an initial pretrial order is entered pursuant to LR16.1(b)-(d) shall be
assigned, by agreement of the parties (if adopted by the Court) or by order of the Court,
to one of three case-management tracks. (See LR16.2 and 16.3 for forms of the
Fed.R.Civ.P. 26(f) report wherein parties advise the Court regarding case management
tracks.) Unless otherwise ordered by the Court or agreed upon by the parties,
commencement of discovery in each case will be in accordance with the initial pretrial
order once entered by the Court. In submitting their reports under LR 26.1, the parties
shall address whether there is a reason to delay commencement of discovery or to place
limits on the scope of discovery for a period of time.1 When one or more of the parties
advocates for delay in discovery or limitation of discovery, the report shall also set out
the party’s position on the scope and length of discovery needed absent or following any
delay or limitation. Whether or not any party believes that the timing, scope, and/or
sequence of discovery should be affected by a pending motion, the parties shall address
the appropriate track for the case at whatever point discovery may proceed in the matter.
The three tracks are defined as follows:
(1) Standard. Discovery (including all discovery with respect to experts) in
cases assigned to this track shall be completed within four (4) months from the date of the
commencement date established in the initial pretrial order. Presumptively, subject to
stipulation of the parties or order of the Court on good cause shown, interrogatories
(including subparts) and requests for admission are limited to 15 in number by each
party. Depositions are presumptively limited to four (4) depositions (including any
experts) by the plaintiffs, by the defendants, and by third-party defendants.
(2) Complex. Discovery (including all discovery with respect to experts) in
For instance, when a party has filed a dispositive motion, particularly when filed in lieu of an answer, which could
dispose of the entire case or significant issues in the case, there may be a good reason to delay the start of discovery
or to place limits on discovery while the motion is pending.
cases assigned to this track shall be completed within six (6) months from the date of the
commencement date established in the initial pretrial order, subject to agreement of the
parties for a larger discovery period, if approved by the Court. Presumptively, subject to
stipulation of the parties or order of the Court on good cause shown, interrogatories
(including subparts) and requests for admission are limited to 25 in number by each
party. Depositions are presumptively limited to seven (7) depositions (including any
experts) by the plaintiffs, by the defendants, and by third-party defendants.
(3) Exceptional. Discovery (including all discovery with respect to experts)
in cases assigned to this track shall be completed within nine (9) months from the date of
the commencement date established in the initial pretrial order. Presumptively, subject to
stipulation of the parties or order of the Court on good cause shown, interrogatories
(including subparts) and requests for admission are limited to 30 in number by each
party. Depositions are presumptively limited to 10 depositions (including any experts) by
the plaintiffs, by the defendants, and by third-party defendants. This management track is
reserved for cases of exceptional complexity. It is not to be used for ordinary federal
cases even though such cases have some complexity and require significant discovery.
(b) Discovery Procedures and Materials.
(1) The Court expects counsel to conduct discovery in good faith and to
cooperate and be courteous with each other in all phases of the discovery process. As a
part of their Rule 26(f) Report, the parties must formulate a preliminary deposition
schedule. They must continue to communicate throughout the discovery period to update
the schedule.
(2) Interrogatories, requests for production of documents, or requests for
admission shall be numbered consecutively by each party regardless of the number of
sets into which they are divided.
(3) Initial disclosures, disclosures of expert testimony, depositions and
deposition notices, interrogatories, requests for documents, requests for admission, and
answers and responses thereto shall not be filed unless the Court so orders or unless the
Court will need such documents in a pretrial proceeding. All discovery papers must be
served on other counsel or parties. The party taking a deposition or obtaining any
material through discovery is responsible for its preservation and delivery to the Court
when needed or ordered. Any party seeking to compel discovery or other pretrial relief
based upon discovery material which has not been filed with the clerk must identify the
specific portion of the material which is directly relevant and ensure that it is filed as an
attachment to the application for relief.
(c) Completion of Discovery. The requirement that discovery be completed
within a specified time means that adequate provisions must be made for interrogatories
and requests for admission to be answered, for documents to be produced, and for
depositions to be held within the discovery period.
(d) Extension of the Discovery Period or Request for More Discovery.
Motions seeking an extension of the discovery period or permission to take more
discovery than is permitted under the initial pretrial order must be made or presented
prior to the expiration of the time within which discovery is required to be completed.
They must set forth good cause justifying the additional time and will be granted or
approved only upon a showing that the parties have diligently pursued discovery. The
Court will permit additional depositions only on a showing of exceptional good cause.
(e) Trial Preparation After the Close of Discovery. For good cause
appearing therefor, the physical or mental examination of a party may be ordered at any
time prior to trial. Ordinarily, the deposition of a material witness not subject to
subpoena should be taken during discovery. However, the deposition of a material
witness who agrees to appear at trial, but who later becomes unable or refuses to attend,
may be ordered at any time prior to trial.
