Pro Hac Vice Admissions. A motion for admission pro hac vice must be made by
the attorney seeking to be admitted and must be accompanied by an affidavit
from the attorney seeking to be admitted pro hac vice (the “affiant”). The affidavit
must include the affiant’s name, law firm affiliation (if any), business address, and
bar identification number. The affiant must attest in the affidavit that the affiant is
a registered user of ECF in the United States District Court for the Western
District of Pennsylvania, that the affiant has read, knows, and understands the
Local Rules of Court for the United States District Court for the Western District
of Pennsylvania, and that the affiant is a member in good standing of the bar of
any state or of any United States District Court. The affidavit must list the bars of
any state or of any United States court of which the affiant is a member in good
standing. The affiant must attach to the affidavit one current certificate of good
standing from the bar or the court in which the affiant primarily practices. The
affidavit also must list and explain any previous disciplinary proceedings
concerning the affiant’s practice of law that resulted in a non-confidential
negative finding or sanction by the disciplinary authority of the bar of any state or
any United States court. The Court will not rule on a motion for admission pro
hac vice that does not include an affidavit containing the information and
attestations required by this rule. The forms of the motion for admission pro hac
vice and accompanying affidavit are set forth in “Appendix LCvR/LCrR 83.2.B-
MOTION,” and “Appendix LCvR/LCrR 83.2,B-AFFIDAVIT.”
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
LOCAL BANKRUPTCY APPELLATE RULES OF COURT
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
LOCAL BANKRUPTCY APPELLATE RULES OF COURT
LBR 8007-2 APPEAL TO THE DISTRICT COURT FROM THE BANKRUPTCY COURT
A. Appeals to the United States District Court from the United States Bankruptcy
Court for the Western District of Pennsylvania pursuant to 28 U.S.C. § 158, shall
be taken in the manner prescribed in Part VIII of the Federal Rules of Bankruptcy
Procedure (hereinafter Fed. R. Bankr. P.), Rule 8001, et seq.
B. Where, after a notice of appeal to the United States District Court has been
filed in the Bankruptcy Court, the appellant fails to designate the contents of the
record on appeal or fails to file a statement of issues on appeal within the time
required by Fed. R. Bankr. P. 8006, or fails to provide, when appropriate,
evidence that a transcript has been ordered and that payment therefor has been
arranged, or fails to take any other action to enable the bankruptcy clerk to
assemble and transmit the record:
1. the bankruptcy clerk shall provide fourteen (14) days notice to the
appellant and appellee of an intention to transmit a partial record
consistent with Subsection B.2. of this rule;
2. after the 14 day notice period required by subsection B.1. of this rule
has expired, the clerk of the bankruptcy court shall thereafter promptly
forward to the clerk of the United States District Court a partial record
consisting of a copy of the order or judgment appealed from, any opinion,
findings of fact, and conclusions of law by the court, the notice of appeal,
a copy of the docket entries, any documents filed as part of the appeal,
and any copies of the record which have been designated by the parties
pursuant to Fed. R. Bankr. P. 8006; the record as transmitted shall be
deemed to be the complete record for purposes of the appeal; and
3. the district court may dismiss said appeal for failure to comply with
Fed. R. Bankr. P. 8006 upon its own motion, or upon motion filed in the
district court by any party in interest or the United States trustee.
C. Notwithstanding any counter designation of the record or statement of issues
filed by the appellee, if the appellee fails to provide, where appropriate, evidence
that a transcript has been ordered and that payment therefore has been
arranged, or the appellee fails to take any other action to enable the bankruptcy
clerk to assemble and transmit the record pursuant to Fed. R. Bankr. P. 8006,
the bankruptcy clerk shall transmit the copies of the record designated by the
parties and this shall be deemed to be the complete record on appeal.
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
LBR 9015-1 JURY TRIAL IN BANKRUPTCY COURT
A. In accordance with 28 U.S.C. § 157(e), the Bankruptcy Judges of this Court
are specially designated to conduct jury trials where the right to a jury applies.
This jurisdiction is subject to the express consent of all parties.
B. The jurors will be drawn from the same qualified jury wheels, consisting of the
same counties, that are used in this Court.
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
APPENDICES TO RULES
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
APPENDIX LCvR 7.1.A
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
)
) Civil Action No. _______________
)
vs. ) or
)
) Criminal Action No. ____________
)
DISCLOSURE STATEMENT
Pursuant to LCvR 7.1 of the Western District of Pennsylvania and to enable Judges and
Magistrate Judges to evaluate possible disqualification or recusal, the undersigned counsel for
,in the
above captioned action, certifies that the following are parents, subsidiaries and/or affiliates of
said party that have issued shares or debt securities to the public:
or
Pursuant to LCvR 7.1 of the Western District of Pennsylvania and to enable Judges and
Magistrate Judges to evaluate possible disqualification or recusal, the undersigned counsel for
, in the above captioned
action, certifies that there are no parents, subsidiaries and/or affiliates of said party that have
issued shares or debt securities to the public.
______________________________________
Date Signature of Attorney or Litigant
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
APPENDIX LCvR 7.1.B
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
)
)
)
vs. ) Civil Action No. _______________
)
)
)
RICO CASE STATEMENT
Pursuant to LCvR 7.1.B, any party filing a civil action under 18 U.S.C. §§ 1961-1968
shall set forth those facts upon which such party relied to initiate the RICO claim as a result of
the "reasonable inquiry" required by Fed. R. Civ. P. 11. The statement shall be in paragraph
form corresponding by number and letter to the paragraphs and subparagraphs appearing
below and shall provide in detail and with specificity the information required herein.
1. State whether the alleged unlawful conduct is in violation of any or all of the
provisions of 18 U.S.C. §§ 1962(a), (b), (c) or (d).
2. List each defendant and state the alleged misconduct and basis of liability of each
defendant.
3. List alleged wrongdoers, other than the defendants listed above, and state the
alleged misconduct of each.
4. List the alleged victims and state how each victim has been allegedly injured.
5. Describe in detail the pattern of racketeering activity or collection of unlawful debts
alleged for each RICO claim. The description of the pattern of racketeering shall include the
following information:
a. A list of the alleged predicate acts and the specific statutes which were
allegedly violated;
b. The date of each predicate act, the participants in each such predicate act
and the relevant facts surrounding each such predicate act;
c. The time, place and contents of each alleged misrepresentation, the identity of
persons by whom and to whom such alleged misrepresentation was made and if the
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
predicate act was an offense of wire fraud, mail fraud or fraud in the sale of securities.
The "circumstances constituting fraud or mistake" shall be stated with particularity as
provided by Fed. R. Civ. P. 9(b);
d. Whether there has been a criminal conviction for violation of any predicate act
and, if so, a description of each such act;
e. Whether civil litigation has resulted in a judgment in regard to any predicate
act and, if so, a description of each such act;
f. A description of how the predicate acts form a "pattern of racketeering
activity."
6. State whether the alleged predicate acts referred to above relate to each other as
part of a common plan, and, if so, describe in detail the alleged enterprise for each RICO claim.
A description of the enterprise shall include the following information:
a. The names of each individual partnership, corporation, association or other
legal entity which allegedly constitute the enterprise;
b. A description of the structure, purpose, function and course of conduct of the
enterprise;
c. Whether each defendant is an employee, officer or director of the alleged
enterprise;
d. Whether each defendant is associated with the alleged enterprise;
e. Whether it is alleged that each defendant is an individual or entity separate
from the alleged enterprise, or that such defendant is the enterprise itself, or a member
of the enterprise; and
f. If any defendant is alleged to be the enterprise itself, or a member of the
enterprise, an explanation whether each such defendant is a perpetrator, passive
instrument or victim of the alleged racketeering activity.
7. State and describe in detail whether it is alleged that the pattern of racketeering
activity and the enterprise are separate or have merged into one entity.
8. Describe the alleged relationship between the activities of the enterprise and the
pattern of racketeering activity. Discuss how the racketeering activity differs from the usual and
daily activities of the enterprise, if at all.
9. Describe what benefits, if any, the alleged enterprise receives from the alleged
pattern of racketeering.
10. Describe the effect of the activities of the enterprise on interstate or foreign
commerce.
11. If the complaint alleges a violation of 18 U.S.C. § 1962(a), provide the following
information:
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
a. The recipient of the income derived from the pattern of racketeering activity or
through the collection of an unlawful debt; and
b. A description of the use or investment of such income.
12. If the complaint alleges a violation of 18 U.S.C. § 1962(b), describe in detail the
acquisition or maintenance of any interest in or control of the alleged enterprise.
13. If the complaint alleges a violation of 18 U.S.C. § 1962(c), provide the following
information:
a. The identity of each person or entity employed by, or associated with, the
enterprise and
b. Whether the same entity is both the liable "person" and the "enterprise" under
§ 1962(c).
14. If the complaint alleges a violation of 18 U.S.C. § 1962(d), describe in detail the
alleged conspiracy.
15. Describe the alleged injury to business or property.
16. Describe the direct causal relationship between the alleged injury and the violation
of the RICO statute.
17. List the damages sustained by each plaintiff for which each defendant is allegedly
liable.
18. List all other federal causes of action, if any, and provide the relevant statute
numbers.
19. List all pendent state claims, if any.
20. Provide any additional relevant information that would be helpful to the court in
processing the RICO claim.
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
APPENDIX LCvR 16.1.A
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF PENNSYLVANIA
[CAPTION]
[JUDICIAL OFFICER(S)]
Fed. R. Civ. P. 26(f) REPORT OF THE PARTIES
Counsel for the parties and unrepresented parties shall confer regarding the matters
identified herein and prepare a signed report in the following form to be filed at least 21 days
before the Initial LCvR 16.1 Scheduling Conference or at such other time as ordered by the
court. This report form may be downloaded from the Court's website as a word-processing
document and the information filled in as requested on the downloaded form. The dates to be
provided in the report are suggested dates and may be accepted or modified by the Court.
1. Identification of counsel and unrepresented parties. Set forth the names,
addresses, telephone and fax numbers and e-mail addresses of each unrepresented
party and of each counsel and identify the parties whom such counsel represent:
2. Set forth the general nature of the case (patent, civil rights, anti-trust, class action,
etc.):
3. Date Rule 26(f) Conference was held, the identification of those participating
therein and the identification of any party who may not yet have been served or
entered an appearance as of the date of said Conference:
4. Date of Rule 16 Initial Scheduling Conference as scheduled by the Court: (Lead
Trial Counsel and unrepresented parties shall attend the Rule 16 Initial Scheduling
Conference with their calendars in hand for the purpose of scheduling other pre-trial
events and procedures, including a Post-Discovery Status Conference; Counsel and
unrepresented parties shall attend the Rule 16 Initial Scheduling Conference prepared to
discuss the anticipated number of depositions and identities of potential deponents and
the anticipated dates by which interrogatories, requests for production of documents and
requests for admissions will be served):
5. Identify any party who has filed or anticipates filing a dispositive motion pursuant
to Fed. R. Civ. P. 12 and the date(s) by which any such anticipated motion may be
filed:
6. Designate the specific Alternative Dispute Resolution (ADR) process the parties
have discussed and selected, if any, and specify the anticipated time frame for
completion of the ADR process. Set forth any other information the parties wish
to communicate to the court regarding the ADR designation:
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
7. Set forth any change that any party proposes to be made in the timing, form or
requirements of Fed. R. Civ. P. Rule 26(a) disclosures, whether such change is
opposed by any other party, whether any party has filed a motion seeking such
change and whether any such motion has been ruled on by the Court:
8. Subjects on which fact discovery may be needed. (By executing this report, no party
shall be deemed to (1) have waived the right to conduct discovery on subjects not listed
herein or (2) be required to first seek the permission of the Court to conduct discovery
with regard to subjects not listed herein):
9. Set forth suggested dates for the following (The parties may elect by agreement to
schedule a Post-Discovery Status Conference, as identified in Paragraph 12, below, at
the conclusion of Fact-Discovery rather than at the conclusion of Expert Discovery. In
that event, the parties should provide suggested dates only for the events identified in
sub-paragraphs 9.a through 9.e, below. The parties shall provide such information even
if dispositive motions pursuant to Fed. R. Civ. P. 12 have been or are anticipated to be
filed. If there are dates on which the parties have been unable to agree, set forth the
date each party proposes and a brief statement in support of each such party's proposed
date. Attach to this report form a proposed Court Order setting forth all dates agreed to
below and leaving a blank for the insertion of a date by the Court for any date not agreed
to):
a. Date(s) on which disclosures required by Fed. R. Civ. P. 26(a) have been or
will be made:
b. Date by which any additional parties shall be joined:
c. Date by which the pleadings shall be amended:
d. Date by which fact discovery should be completed:
e. If the parties agree that discovery should be conducted in phases or limited
to or focused on particular issues, identify the proposed phases or issues
and the dates by which discovery as to each phase or issue should be
completed:
f. Date by which plaintiff's expert reports should be filed:
g. Date by which depositions of plaintiff's expert(s) should be completed:
h. Date by which defendant's expert reports should be filed:
i. Date by which depositions of defendant's expert(s) should be completed:
j. Date by which third party expert's reports should be filed:
k. Date by which depositions of third party's expert(s) should be completed:
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
10. If the parties agree that changes should be made to the limitations on discovery imposed
by the Federal Rules of Civil Procedure or Local Rule or that any other limitations should
be imposed on discovery, set forth such changes or limitations:
11. Please answer the following questions in regard to the discovery of electronically stored
information (“ESI”):
a. ESI. Is either party seeking the discovery of ESI in this case?
□ Yes □ No [If “No,” skip to sub-part (e) below.]
b. ESI Discovery Plan. The parties have reviewed and discussed the Court’s
Checklist for Rule 26(f) Meet and Confer Regarding Electronically Stored
Information set forth in “Appendix LCvR 26.2.C-CHECKLIST” to the Local Rules
and:
□ Have agreed that, in light of the facts and issues in this case, there is no need
to complete an ESI discovery plan, and will conduct ESI discovery by
_______
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________.
□ Have developed an ESI discovery plan (as attached).
□ Will have an ESI discovery plan completed by ________________.
NOTE: At the direction of the Court, parties may be required to submit a draft of
the Stipulated Order re: Discovery of Electronically Stored Information for
Standard Litigation set forth in “Appendix LCvR 26.2.E-MODEL ORDER” to the
Local Rules, to address specific issues relative to the parties’ exchange of
electronic discovery and ESI. If the parties are unable to do so, they should
advise the Court promptly.
c. Preservation. Have the parties agreed on any protocol for the preservation of
electronic data and/or potentially relevant ESI?
□ Yes □ No
d. ADR. Does any party believe that the exchange of ESI is necessary prior to
conducting meaningful Alternative Dispute Resolution (“ADR”) in this case?
□ Yes □ No
e. Clawback Agreement. The parties have reviewed F.R.C.P. 26(b)(5), F.R.E.
502 and LCvR 16.1.D, Procedures Following Inadvertent Disclosure, and:
□ Request the Court enter an Order implementing Federal Rule of Evidence
502(d) such as the model Order set forth in “Appendix LCvR 16.1.D” to the Local
Rules and filed with this Report.
□ Have agreed on alternate non-waiver language, which either is or will be
incorporated within the ESI discovery plan.
□ Are unable to agree on appropriate non-waiver language.
f. EDSM and E-Mediator. Does any party believe that the appointment of an
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
E-Discovery Special Master (“EDSM”) or E-Mediator would help resolve ESI
discovery issues in this case? For further information, see the Court’s official
website at http://www.pawd.uscourts.gov.
□ Yes □ No
g. Other. Identify all outstanding disputes concerning any ESI issues:
________________________________________________________________
________________________________________________________________
________________________________________________________________
12. Set forth whether the parties have elected to schedule the Post-Discovery Status
Conference following the completion of Fact Discovery or Expert Discovery; in either
event the parties shall be prepared at the Post-Discovery Status Conference to discuss
and/or schedule the following: (The parties are not required during their Rule 26(f)
Conference to consider or propose dates for the items identified below. Those dates will
be determined, if necessary, at the Post-Discovery Status Conference. Lead trial
counsel for each party and each unrepresented party are required to attend the Post-
Discovery Status Conference with their calendars in hand to discuss those items listed
below that require scheduling. In addition, a representative with settlement authority of
each party shall be required to attend; representatives with settlement authority of any
insurance company providing any coverage shall be available throughout the
Conference by telephone):
a. Settlement and/or transfer to an ADR procedure;
b. Dates for the filing of expert reports and the completion of expert discovery
as itemized in sub-paragraphs 9.f. through 9.k., above, if the parties elected
to defer such discovery until after the Post-Discovery Status Conference;
c. Dates by which dispositive motions pursuant to Fed. R. Civ. P. 56, replies
thereto and responses to replies should be filed;
d. Dates by which parties' pre-trial statements should be filed;
e. Dates by which in limine and Daubert motions and responses thereto
should be filed;
f. Dates on which motions in limine and Daubert motions shall be heard;
g. Dates proposed for final pre-trial conference;
h. Presumptive and final trial dates.
13. Set forth any other order(s) that the parties agree should be entered by the court
pursuant to Fed. R. Civ. P. 16(b) or 26(c):
14. Set forth whether the parties anticipate that the court may have to appoint a special
master to deal with any matter and if so, specify the proposed role of any such master
and any special qualifications that such master may require to perform such role:
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
15. If the parties have failed to agree with regard to any subject for which a report is required
as set forth above, except for proposed dates required in paragraph 9, above, briefly set
forth the position of each party with regard to each matter on which agreement has not
been reached:
16. Set forth whether the parties have considered the possibility of settlement of the action
and describe briefly the nature of that consideration:
Respectfully submitted,
______________________________________________
______________________________________________
______________________________________________
______________________________________________
______________________________________________
(Signatures of counsel and unrepresented parties)
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
Appendix LCvR 16.1.D
Order implementing Federal Rule of Evidence 502(d)
1. No Waiver by Disclosure. This Order is entered pursuant to Rule 502(d) of the
Federal Rules of Evidence. Subject to the provisions of this Order, if a party (the “Producing
Party”) discloses information in connection with the pending litigation, that the Producing Party
thereafter claims to be protected by the attorney-client privilege and/or trial preparation material
protection (“Protected Information”), the disclosure of that Protected Information will not
constitute or be deemed a waiver or forfeiturein this or any other federal, state, arbitration, or
any other proceedingof any claim of privilege or protection as trial preparation material that
the Producing Party would otherwise be entitled to assert with respect to the Protected
Information and its subject matter.
2. Notification Requirements; Best Efforts of Receiving Party. A Producing
Party must promptly notify the party receiving the Protected Information (the “Receiving Party”),
in writing that it has disclosed the Protected Information without intending a waiver by the
disclosure. The notification by the Producing Party shall include as specific an explanation as
possible why the Protected Information is covered by the attorney-client privilege and/or
constitutes trial preparation material. Upon such notification, the Receiving Party mustunless
it contests the claim of attorney-client privilege or protection as trial preparation material in
accordance with paragraph (3)promptly (a) notify the Producing Party that it will make best
efforts to identify and return, sequester or destroy (or in the case of electronically stored
information, delete) the Protected Information and any reasonably accessible copies it has and
(b) provide a certification that it will cease further review, dissemination and use of the Protected
Information. [For purposes of this Order, Protected Information that has been stored on a
source of electronically stored information that is not reasonably accessible, such as backup
storage media, is sequestered. If such data is retrieved, the Receiving Party must promptly take
steps to delete or sequester the restored Protected Information.]
3. Contesting Claims of Privilege or Protection as Trial Preparation Material.
If the Receiving Party contests the claim of attorney-client privilege or protection as trial
preparation material, the Receiving Party mustwithin 30 days of receipt of the notification
referenced in Paragraph (2)move the Court for an Order finding that the material referenced
in the notification does not constitute Protected Information. This Motion must be filed (with
Court approval) under seal and cannot assert the fact or circumstance of the disclosure as a
ground for determining that the material does not constitute Protected Information. Pending
resolution of the Motion, the Receiving Party must not use the challenged information in any
way or disclose it to any person other than as required by law to be served with a copy of the
sealed Motion.
4. Stipulated Time Periods. The parties may stipulate to extend the time periods
set forth in subparagraphs (2) and (3).
5. Burden of Proving Privilege or Protection as Trial Preparation Material. The
Disclosing Party retains the burdenupon challenge pursuant to Paragraph (3)of establishing
the privileged or protected nature of the Protected Information.
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
6. In Camera Review. Nothing in this Order limits the right of any party to petition
the Court for an in camera review of the Protected Information.
7. Voluntary and Subject Matter Waiver. This Order does not preclude a party
from voluntarily waiving the attorney-client privilege or trial preparation material protection. The
provisions of Federal Rule of Evidence 502(a) apply when the Disclosing Party uses or indicates
that it may use information produced under this Order to support a claim or defense.
8. Rule 502(b)(2). The failure to take reasonable steps to prevent the disclosure
shall not give rise to a waiver of the privilege.
9. Other Clawback and Confidentiality Obligations. This Order does not affect
or rescind any Clawback Agreement or Order governing protection of confidential information to
which the parties have otherwise agreed.
10. Severability. The invalidity or unenforceability of any provisions of this Order
shall not affect the validity or enforceability of any other provision of this Order, which shall
remain in full force and effect.
Note
The Court has adopted this Model Order to implement fully the protections of Federal
Rule of Evidence 502(d) if the parties believe a Rule 502(d) order is in the best interests of their
clients. The fact that the parties enter into a Rule 502(d) order to streamline discovery and
avoid privilege waiver, however, does not affect in any way their right to review documents, ESI,
and information before production.
The parties are free to opt against requesting a Rule 502(d) order, to request that Court
not enter such an Order, or to request that the court enter a modified version of the Model
Order. For example, the parties could narrow the scope of their 502(d) order by limiting it to a
certain universe of documents, permitting privilege waiver if the producing party did so
intentionally or did not take reasonable steps to prevent disclosure, or applying privilege waiver
to the documents produced but not to other documents governing the same subject matter. The
parties could also expand the protection against waiver to privileges other than the attorney-
client privilege or as to trial preparation material. The Court takes no position on the advisability
of a Rule 502(d) order in a particular case.
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
APPENDIX LCvR 23.E
Fed. R. Civ. P. 26(f) JOINT REPORT OF THE PARTIES (CLASS ACTION)
1. Identification of counsel and unrepresented parties.
2. Set forth the general nature of the case (anti-trust, consumer finance, securities,
employment, etc):
3. Date Rule 26(f) Conference was held, the identification of those participating
therein and the identification of any party who may not yet have been served or
entered an appearance as of the date of said Conference:
4. Date of Rule 16 Initial Scheduling Conference as scheduled by the Court: (Lead
Trial Counsel and unrepresented parties shall attend the Rule 16 Initial Scheduling
Conference with their calendars in hand for the purpose of scheduling other pre-trial
events and procedures, including a Post-Discovery Status Conference; Counsel and
unrepresented parties shall attend the Rule 16 Initial Scheduling Conference prepared to
discuss the anticipated number of depositions and identities of potential deponents and
the anticipated dates by which interrogatories, requests for production of documents and
requests for admissions will be served):
5. Identify any party who has filed or anticipates filing a dispositive motion pursuant
to Fed. R. Civ. P. 12 and the date(s) by which any such anticipated motion may be
filed:
6. Designate the specific Alternative Dispute Resolution (ADR) process the parties
have discussed and selected, if any, and specify the anticipated time frame for
completion of the ADR process. Set forth any other information the parties wish
to communicate to the court regarding the ADR designation:
7. Set forth any change that any party proposes to be made in the timing, form or
requirements of Fed. R. Civ. P. Rule 26(a) disclosures, whether such change is
opposed by any other party, whether any party has filed a motion seeking such
change and whether any such motion has been ruled on by the Court:
8. Discovery prior to Class Certification must be sufficient to permit the Court to
determine whether the requirements of Fed. R. Civ. P. Rule 23 are satisfied,
including a preliminary inquiry into the merits of the case to ensure appropriate
management of the case as a Class Action. However, in order to ensure that a
class certification decision be issued at an early practicable time, priority shall be
given to discovery on class issues. Once Class Certification is decided, the Court
may, upon motion of a party, enter a second scheduling and discovery order, if
necessary.
9. Subjects on which class certification discovery may be needed. (By executing
this report, no party shall be deemed to (1) have waived the right to conduct
discovery on subjects not listed herein or (2) be required to first seek the
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
permission of the Court to conduct discovery with regard to subjects not listed
herein):
10. Set forth suggested dates for the following (The parties shall provide such
information even if dispositive motions pursuant to Fed. R. Civ. P. 12 have been or are
anticipated to be filed, except to the extent discovery and other proceedings have been
or will be stayed under the Private Securities Litigation Reform Act or otherwise. If there
are dates on which the parties have been unable to agree, set forth the date each party
proposes and a brief statement in support of each such party's proposed date. Attach to
this report form a proposed Court Order setting forth all dates agreed to below and
leaving a blank for the insertion of a date by the Court for any date not agreed to):
a. Date(s) on which disclosures required by Fed. R. Civ. P. 26(a) have been or
will be made:
b. Date by which any additional parties shall be joined:
c. Date by which the pleadings shall be amended:
d. Date by which class certification discovery shall be completed:
e. Date by which plaintiffs' expert reports as to class certification shall be
filed:
f. Date by which defendants' expert reports as to class certification shall be
filed:
g. Date by which depositions of class certification experts must be
completed:
h. Plaintiffs' Motion for Class Certification, Memorandum in Support, and all
supporting evidence shall be filed by ______________:
i. Defendants' Memorandum in Opposition to Class Certification and all
supporting evidence shall be filed by _____________:
j. Plaintiffs' Reply Memorandum in support of class certification, if any, shall
be filed by _____________:
k. The Class Certification hearing shall be as scheduled by the Court.
11. After the resolution of the motion for class certification, the Court shall hold a
Post-Certification Determination Conference to discuss how the case shall
proceed in light of the disposition of the Class motion. If the parties wish to
establish a schedule for post-Class Certification pretrial matters at this time, set
forth suggested dates for the following:
a. Date by which fact discovery should be completed:
b. Date by which plaintiff's expert reports should be filed:
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
c. Date by which depositions of plaintiff's expert(s) should be completed:
d. Date by which defendant's expert reports should be filed:
e. Date by which depositions of defendant's expert(s) should be completed:
g. Date by which third party expert's reports should be filed:
h. Date by which depositions of third party's experts should be completed.
12. If the parties agree that changes should be made to the limitations on discovery
imposed by the Federal Rules of Civil Procedure or Local Rule or that any other
limitations should be imposed on discovery, set forth such changes or limitations:
13. Please answer the following questions in regard to the discovery of electronically
stored information (“ESI”):
a. ESI. Is either party seeking the discovery of ESI in this case?
□ Yes □ No [If “No,” skip to sub-part (e) below.]
b. ESI Discovery Plan. The parties have reviewed and discussed the Court’s
Checklist for Rule 26(f) Meet and Confer Regarding Electronically Stored
Information set forth in “Appendix LCvR 26.2.C-CHECKLIST” to the Local
Rules and:
□ Have agreed that, in light of the facts and issues in this case, there
is no need to complete an ESI discovery plan, and will conduct e-
discovery by
__________________________________________________________.
□ Have developed an ESI discovery plan (as attached).
□ Will have an ESI discovery plan completed by
________________________.
NOTE: At the direction of the court, parties may be required to
submit a draft of the Stipulated Order re: Discovery of Electronically
Stored Information for Standard Litigation set forth in “Appendix
