(a) All employment-discrimination actions filed in this court must undergo early
neutral evaluation as defined by this rule. The purpose of the early neutral
evaluation session is for the evaluating magistrate judge to give the parties a
candid evaluation of the merits of their claims and defenses. For purposes of this
rule, “employment-discrimination action” includes actions filed under the
following statutes: Title VII of the Civil Rights Act of 1964, as amended, 42
U.S.C. § 2000e, et seq.; Title I of the Americans With Disabilities Act, as
amended, 42 U.S.C. § 12101, et seq.; prohibition of employment discrimination
under 42 U.S.C. § 1981; Age Discrimination in Employment Act, 29 U.S.C.
§ 626, et seq.; Equal Pay Act, 29 U.S.C. § 206; Genetic Information Non-
Discrimination Act of 2008, 42 U.S.C. § 2000ff, et seq.; Vocational
Rehabilitation Act of 1973, 29 U.S.C. § 794; and under 42 U.S.C. § 1983, if the
complaint alleges discrimination in employment on the basis of race, color,
gender, national origin, or religion.
(b) If an action is not initially assigned to the Early Neutral Evaluation Program, an
action must be assigned to the program upon the filing by any party of a notice
stating that action falls under one or more of the statutes listed in LR 16-6(a).
(c) A motion for exemption from the Early Neutral Evaluation Program must be filed
no later than seven days after entry of an order scheduling the early neutral
evaluation session. A response to the motion for exemption must be filed within
14 days after service of the original motion. A reply will not be allowed. The
evaluating magistrate judge has final authority to grant or deny any motion
requesting exemption from the program and may exempt any case from early
neutral evaluation on the judge’s own motion. These orders are not appealable.
(d) Unless good cause is shown, the early neutral evaluation session must be held by
the court not later than 90 days after the first responding party appears in the case.
(e) Unless excused by the evaluating magistrate judge, the parties with authority to
settle the case and their attorneys must attend the early neutral session in person.
(f) Parties must submit their written evaluation statements to the chambers of the
evaluating magistrate judge by 4:00 p.m. seven days before the session. The
written evaluation statement must not be filed with the clerk or served on the
opposing parties.
(1) Evaluation statements must be concise and must:
(A) Identify by name or status the person(s) with decision-making
authority who, in addition to the attorney, will attend the early
neutral evaluation session as representative(s) of the party, and
persons connected with a party opponent (including an insurer
representative) whose presence might substantially improve the
utility of the early neutral evaluation session or the prospects of
settlement;
(B) Describe briefly the substance of the suit, addressing the party’s
views on the key liability and damages issues;
(C) Address whether there are legal or factual issues whose early
resolution would reduce significantly the scope of the dispute or
contribute to settlement negotiations;
(D) Include copies of documents, pictures, recordings, etc. out of
which the suit arose, or whose availability would materially
advance the purposes of the evaluation session (e.g., medical
reports, documents by which special damages might be
determined);
(E) Discuss the strongest and weakest points of your case, both factual
and legal, including a candid evaluation of the merits of your case;
(F) Estimate the costs (including attorney’s fees and costs) of taking
this case through trial;
(G) Describe the history of any settlement discussions and detail the
demands and offers that have been made and the reason settlement
discussions have been unsuccessful; and
(H) Certify that the party has made initial disclosures under Fed. R.
Civ. P. 26(a)(1) and that the plaintiff has provided a computation
of damages to the defendant under Fed. R. Civ. P. 26(a)(1)(A)(iii).
(2) Each evaluation statement must remain confidential unless a party gives
the court permission to reveal some or all of the information in the
statement during the session. The parties should consider whether it
would be beneficial to exchange non-confidential portions of the
evaluation statement.
(g) Each evaluating magistrate judge must:
(1) Permit each party (through an attorney or otherwise), orally and through
documents or other media, to present its claims or defenses and to describe
the principal evidence on which they are based;
(2) Assist the parties to identify areas of agreement and, where feasible, enter
stipulations;
(3) Assess the relative strengths and weaknesses of the parties’ contentions
and evidence, and carefully explain the reasoning that supports them;
(4) When appropriate, assist the parties through private caucusing or
otherwise to explore the possibility of settling the case;
(5) Estimate, where feasible, the likelihood of liability and the range of
damages;
(6) Assist the parties to devise a plan for expediting discovery, both formal
and informal, to enter into meaningful settlement discussions or to
position the case for disposition by other means;
(7) Assist the parties to realistically assess litigation costs; and
(8) Determine whether some form of follow-up to the session would
contribute to the case-development process or promote settlement.
(h) The early neutral evaluation process is subject to the confidentiality provision of
