(a) Fed. R. Civ. P. 26(f) Meeting; Filing and Contents of Discovery Plan and
Scheduling Order.
The pro se plaintiff or plaintiff’s attorney must initiate the scheduling of the
conference required by Fed. R. Civ. P. 26(f) to be held within 30 days after the
first defendant answers or otherwise appears. Fourteen days after the mandatory
Fed. R. Civ. P. 26(f) conference, the parties must submit a stipulated discovery
plan and scheduling order. The plan must be formatted to permit the plan, once
the court approves it, to become the scheduling order required by Fed. R. Civ. P.
16(b). If the plan sets deadlines within those specified in LR 26-1(b), the plan
must state on its face in bold type, “SUBMITTED IN COMPLIANCE WITH LR
26-1(b).” If longer deadlines are proposed, the plan must state on its face
“SPECIAL SCHEDULING REVIEW REQUESTED.” Plans requesting special
scheduling review must include, in addition to the information required by Fed. R.
Civ. P. 26(f) and LR 26-1(b), a statement of the reasons why longer or different
time periods should apply to the case or, in cases in which the parties disagree on
the form or contents of the discovery plan, a statement of each party’s position on
each point in dispute.
(b) Form of Stipulated Discovery Plan and Scheduling Order; Applicable Deadlines.
The discovery plan must include, in addition to the information required by Fed.
R. Civ. P. 26(f), the following information:
(1) Discovery Cut-Off Date. The plan must state the date the first defendant
answered or otherwise appeared, the number of days required for
discovery measured from that date, and the calendar date on which
discovery will close. Unless the court orders otherwise, discovery periods
longer than 180 days from the date the first defendant answers or appears
will require special scheduling review;
(2) Amending the Pleadings and Adding Parties. Unless the discovery plan
otherwise provides and the court so orders, the deadline for filing motions
to amend the pleadings or to add parties is 90 days before the close of
discovery. The plan must state the calendar date on which these
amendments are due;
(3) Fed. R. Civ. P. 26(a)(2) Disclosures (Experts). Unless the discovery plan
otherwise provides and the court so orders, the deadlines in Fed. R. Civ. P.
26(a)(2)(D) for expert disclosures are modified to require that the
disclosures be made 60 days before the discovery cut-off date and that
rebuttal-expert disclosures be made 30 days after the initial disclosure of
experts. The plan must state the calendar dates on which these exchanges
are due;
(4) Dispositive Motions. Unless the discovery plan otherwise provides and
the court so orders, the deadline for filing dispositive motions is 30 days
after the discovery cut-off date. The plan must state the calendar date on
which dispositive motions are due;
(5) Pretrial Order. Unless the discovery plan otherwise provides and the court
so orders, the deadline for the joint pretrial order is 30 days after the
dispositive-motion deadline. If dispositive motions are filed, the deadline
for filing the joint pretrial order will be suspended until 30 days after
decision on the dispositive motions or further court order;
(6) Fed. R. Civ. P. 26(a)(3) Disclosures. Unless the discovery plan otherwise
provides and the court so orders, the disclosures required by Fed. R. Civ.
P. 26(a)(3) and any objections to them must be included in the joint
pretrial order;
(7) Alternative Dispute Resolution. The parties must certify that they met and
conferred about the possibility of using alternative dispute-resolution
processes including mediation, arbitration, and if applicable, early neutral
evaluation;
(8) Alternative Forms of Case Disposition. The parties must certify that they
considered consent to trial by a magistrate judge under 28 U.S.C. § 636(c)
and Fed. R. Civ. P. 73 and the use of the Short Trial Program (General
Order 2013-01);
(9) Electronic Evidence. In cases in which a jury trial has been demanded, the
parties must certify that they discussed whether they intend to present
evidence in electronic format to jurors for the purposes of jury
deliberations. The plan must state any stipulations the parties reached
regarding providing discovery in an electronic format compatible with the
court’s electronic jury evidence display system. Parties should consult the
court’s website or contact the assigned judge’s courtroom administrator
for instructions about how to prepare evidence in an electronic format and
other requirements for the court’s electronic jury evidence display system;
and
(10) Form of Order. All discovery plans must include on the last page of the
plan the words “IT IS SO ORDERED” with a date and signature block for
the judge in the manner set forth in LR IA 6-2.
(c) The discovery plan may direct that before moving for an order relating to
discovery, the movant must request a conference with the assigned magistrate
judge.
(d) Unless the court orders otherwise, subsections (a) and (b) do not apply to
interpleader actions. The procedures in LR 22-1 govern all interpleader actions.
