(a) Scheduling Conferences -- Generally
(1) Conferences pursuant to Fed. R. Civ. P. 16 shall be conducted, in the first instance, by the
Magistrate Judge, unless the District Judge otherwise directs. The initial conference shall be scheduled
within 60 days of filing of an initial answer, unless deferred by the Magistrate Judge due to the
pendency of a dispositive or other motion.
(2) The Judge may conduct such other conferences as are consistent with the circumstances of the
particular case and this Rule and may revise any prior scheduling order for good cause.
(3) At each conference each party not appearing pro se shall be represented by an attorney who shall
have full authority to bind that party in all pretrial matters.
(4) The Judge may, at any time he or she deems appropriate or at the request of a party, conduct a
settlement conference. At each such conference attorneys shall ensure that parties are available, either in
person or by telephone, and as the Judge directs, except that a governmental party may be represented
by a knowledgeable delegate.
(5) Conferences shall not be conducted in those civil cases described in L.Civ.R. 72.1(a)(3)(C)
unless the Judge so directs.
(b) Scheduling and Case Management Orders
(1) At or after the initial conference, the Judge shall, after consultation with counsel, enter a scheduling
order which may include, but need not be limited to, the following:
(A) dates by which parties must move to amend pleadings or add new parties;
(B) dates for submission of experts' reports;
(C) dates for completion of fact and expert discovery;
(D) dates for filing of dispositive motions after due consideration whether such motions may be
brought at an early stage of proceedings (i.e., before completion of fact discovery or
submission of experts' reports);
(E) a pretrial conference date;
(F) any designation of the case for arbitration, mediation, appointment of a special master or
other special procedure; and
(G) limitations on the scope of preservation, as well as on the scope, method or order of
discovery as may be warranted by the circumstances of the particular case to avoid
duplication, harassment, delay or needless expenditure of costs.
(2) Absent objection of a party or a form of order submitted on consent, either of which must be set forth
in a proposed discovery plan submitted pursuant to Federal Rule of Civil Procedure 26(f)(2), a
scheduling order entered pursuant to this subsection on or after September 30, 2016 shall be deemed
to incorporate an order pursuant to Federal Rule of Evidence 502(d) that:
(i) The production of materials, inadvertent or otherwise, shall not be deemed a waiver of attorney-
client privilege or work product protection in this civil action or in any other federal or State
proceeding.
(ii) Nothing in (i) above shall limit the right of a party or subpoenaed nonparty to conduct a
reasonable review of materials for relevance or otherwise in response to a discovery request or
requests.
(3) The Magistrate Judge shall advise each party of the provisions of L.Civ.R. 73.1(a).
(4) In a civil action arising under 18 U.S.C. §§1961-1968, the Judge may require a RICO case statement
to be filed and served in the form set forth in Appendix O.
(c) Initial Conferences -- L.Civ.R. 201.1 Arbitration Cases
At the initial conference in cases assigned to arbitration pursuant to L.Civ.R. 201.1(c) the Judge shall
enter a scheduling order as contemplated by L.Civ.R. 16.1(b) except that no pretrial date shall be set. Only an
initial conference shall be conducted prior to a demand for trial de novo pursuant to L.Civ.R. 201.1(g), except
that the Judge may conduct one or more additional conferences if a new party or claim is added, or an
unanticipated event occurs affecting the schedule set at the initial conference.
(d) (deleted by order of 9/23/97)
(e) Trial Briefs
Trial briefs shall be served upon counsel and delivered to the Court as directed in the pretrial order or
otherwise.
(f) Conference to Resolve Case Management Disputes
(1) Counsel shall confer to resolve any case management dispute. Any such dispute not resolved
shall be presented by telephone conference call or letter to the Judge. This presentation shall precede any
formal motion.
(2) Cases in which a party appears pro se shall not be subject to L.Civ.R. 16.1(f)(1) unless the Judge
so directs. In such cases case management disputes shall be presented by formal motion consistent with
L.Civ.R. 16.1(g).
(g) Case Management -- Motions
(1) Case management motions must be accompanied by an affidavit or other document complying
with 28 U.S.C. § 1746 certifying that the moving party has conferred with the opposing party in a good
faith effort to resolve by agreement the issues raised by the motion without the intervention of the Court
and that the parties have been unable to reach agreement. The affidavit or other document complying
with 28 U.S.C. § 1746 shall set forth the date and method of communication used in attempting to reach
agreement.
(2) L.Civ.R. 7.1 shall apply to case management motions, except that no reply papers shall be
allowed except with the permission of the Judge. Unless oral argument is to be heard under
L.Civ.R.16.1(g)(3), the Judge may decide the motion on the basis of the papers received when the
deadline for submitting the opposition has expired.
(3) No oral argument shall be heard except as permitted expressly by the Judge assigned to hear the
motion. In the event oral argument is required, the parties shall be notified by the Court. Oral argument
may be conducted in open court or by telephone conference, at the discretion of the Judge. Any party
who believes that a case management motion requires oral argument shall request it in the notice of
motion or in response to the notice of motion, and so notify the Court in writing at the time the motion
or opposition thereto is filed.
Amended: September 23, 1997; March 1, 2010; June 19, 2013; September 30, 2016; July 5, 2018; July 22,
2026.
