UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
CHAMBERS OF MARTIN LUTHER KING FEDERAL
JOSÉ R. ALMONTE BUILDING & COURTHOUSE BUILDING
50 WALNUT STREET
UNITED STATES MAGISTRATE JUDGE
NEWARK, NJ 07102
973-645-3110
ORDER PURSUANT TO LOCAL CIVIL RULE 16.1
Unless otherwise ordered, the following shall apply to matters before the Honorable
José R. Almonte, U.S.M.J. Failure to comply with the terms of this Order may result in
the imposition of sanctions.
You shall participate in an Initial Scheduling Conference before U.S. Magistrate
Judge José R. Almonte, pursuant to Federal Rule of Civil Procedure 16. The conference
will be conducted either remotely (virtually or telephonically) or in person, as determined
by the Court. If the conference is conducted remotely, the Court will provide the parties
with connection information in advance. If the Court directs an in-person appearance,
counsel shall appear at the Martin Luther King Building & U.S. Courthouse, 50 Walnut
Street, Courtroom 4(d), Newark, New Jersey. Prior to the conference, the parties are
directed to read the this Court’s Case Management Order, which can be accessed
through this link, https://www.njd.uscourts.gov/sites/njd/files/JRAPreferences.pdf, or by
visiting the District of New Jersey’s website, https://www.njd.uscourts.gov.
Counsel are advised that the early disclosure requirements of Federal Rule of Civil
Procedure 26 will be enforced. Therefore, counsel shall immediately exchange the
information set forth in Rule 26 without a formal discovery request.
At least fourteen (14) days prior to the Initial Scheduling Conference, counsel
shall personally meet and confer pursuant to Rule 26(f) and shall jointly submit a
discovery plan to this Court not later than five (5) business days prior to the
conference with the Court. The parties shall submit a Joint Discovery Plan using
the attached form available at:
https://www.njd.uscourts.gov/sites/njd/files/forms/R16DiscoveryPlan_1.pdf.
No formal discovery demands may be issued before the Initial Scheduling
Conference, other than as permitted by Rule 26(d).
At the Initial Scheduling Conference, the Court will address scheduling of
proposed motions. Importantly, the parties shall refer to the assigned U.S. District
Judge’s preferences prior to filing any motion that is to be decided by the U.S. District
Judge, such as dispositive motions. As it relates to discovery-related motions before
this Court, no motions are to be filed without written permission from the Court, which,
absent extenuating circumstances, will be permitted only after the parties have fully
fulfilled their obligation under Local Civil Rules 16.1(f) and 37.1(a) to meet and confer in
good faith to resolve any discovery disputes.
Counsel may file unopposed applications for pro hac vice admission. Counsel
should obtain the consent of adverse parties prior to filing the application and shall
advise, in both the cover letter and the proposed order, of such consent. In addition,
counsel shall follow the requirements of Local Civil Rule 101.1(c) with regard to the
contents of the proposed form of order and the supporting certifications of local counsel
and each proposed pro hac vice attorney.
At the Initial Scheduling Conference, all parties who are not appearing pro se
must be represented by counsel who shall have full authority to bind their clients in
all pretrial matters. Counsel shall also be prepared to discuss the merits of the case
and shall have settlement authority. Clients or persons with authority over the matter
shall be available by telephone, unless otherwise directed by the Court. See L. Civ. R.
16.1(a).
Counsel for the plaintiff(s) shall notify any party who enters an appearance after
the Initial Scheduling Conference is scheduled about this Order and shall forward to that
party a copy of this Order.
The parties must advise this Court immediately if the action has been settled or
terminated so that the Court may cancel the Initial Scheduling Conference.
SO ORDERED.
JOSÉ R. ALMONTE
UNITED STATES MAGISTRATE JUDGE
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ALTERNATIVE DISPUTE RESOLUTION IN THE
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
Mediation is the Alternative Dispute Resolution (ADR) program in this Court.
Mediation is governed by Local Civil Rule 301.1. The mediation program under this
rule is supervised by a judicial officer (at present United States Magistrate Judge Leda
Dunn Wettre) who is available to answer any questions about the program.
Any district judge or magistrate judge may refer a civil action to mediation. This
may be done without the consent of the parties. However, the Court encourages parties
to confer among themselves and consent to mediation. Moreover, you are reminded
that, when counsel confer pursuant to Rule 26(f) of the Federal Rules of Civil Procedure
and Local Civil Rule 26.1, one of the topics that must be addressed is the eligibility of
a civil action for participation in ADR.
A civil action may be referred to mediation at any time. However, one of the
advantages of mediation is that, if successful, it enables parties to avoid the time and
expense of discovery and trial. Accordingly, the Court encourages parties to consent to
mediation prior to or at the time that automatic disclosures are made pursuant to Rule
26(a)(1) of the Federal Rules of Civil Procedure.
If parties consent to mediation, they may choose a mediator either from the list
of certified mediators maintained by the Court or by the selection of a private mediator.
If a civil action is referred to mediation without consent of the parties, the judicial
officer responsible for supervision of the program will select the mediator.
Mediation is non-judgmental. The role of the mediator is to assist the parties in
reaching a resolution of their dispute. The parties may confer with the mediator on an
ex parte basis. Anything said to the mediator will be deemed to be confidential and will
not be revealed to another party or to others without the party’s consent. The
mediator’s hourly rate is $300.00, which is borne equally by the parties.
If you would like further information with regard to the mediation program
please review the Guidelines for Mediation, which are available on the Court’s Web Site
www.njd.uscourts.gov and appear as Appendix Q to the Local Civil Rules. You may
also make inquiries of the judicial officer responsible for supervision of the program.
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