(a) Scheduling Conference or Joint Status Report
As soon as practicable after a case is filed, but no later than either the filing of the proof of
service on any defendant or the appearance of any defendant, the court shall order a scheduling
conference, or order the submission of a joint status report, or both, unless the judge finds good
cause for delay.
(1) Scheduling Conference. Counsel with principal responsibility for a case and all pro se
parties shall attend the scheduling conference. Counsel and all pro se parties shall be
prepared to discuss at the scheduling conference those matters listed in Fed. R. Civ. P.
16(c)(2) and 26(f) and LCR 26(f) and to state whether there is a significant possibility that
early and inexpensive resolution of the case would be fostered by any alternative dispute
resolution (“ADR”) procedure, as described in LCR 39.1 and 39.2. The parties should
identify any appropriate ADR procedure, and suggest at what stage of the case it should be
employed.
(2) Joint Status Report. In their joint status report, the parties must address all of the
topics set forth in Fed. R. Civ. P. 26(f)(3) and in LCR 26(f).
Parties should not include requests for relief from the court in the joint status report, and the
court typically will not rule on such requests. Rather, requests for relief should be contained in a
stipulated motion, where feasible, or in a motion.
(b) Scheduling Order; Exemption of Certain Types of Cases
(1) Scheduling Order. The court shall enter a written scheduling order as prescribed in
Rule 16(b) of the Federal Rules of Civil Procedure. The scheduling order shall include,
among other things, deadlines for the completion of discovery and the filing of dispositive
motions.
(2) Discovery Deadline. See LCR 26(d) and Fed. R. Civ. P. 26(d) regarding the timing
and sequence of discovery.
(3) Discovery Motions. Any motion to compel discovery shall be filed and served on or
before the discovery deadline or as directed by court order. The parties should refer to the
written scheduling order, as well as the assigned judge’s web page, for additional
information about whether they may present discovery disputes by informal means.
(4) Motions to Exclude Expert Testimony. Unless otherwise ordered by the court, parties
shall file any motion to exclude expert testimony for failure to satisfy Daubert v. Merrell
Dow Pharmaceuticals, Inc. and its progeny not later than the deadline to file dispositive
motions.
(5) Dispositive Motions. Not later than the deadline to file dispositive motions, unless
Civil Rules
otherwise ordered by the court, parties shall file all motions to dismiss, motions for
summary judgment and other dispositive motions, together with supporting papers.
(6) Modifying a Schedule. The parties are bound by the dates specified in the scheduling
order. A schedule may be modified only for good cause and with the judge’s consent.
Mere failure to complete discovery within the time allowed does not constitute good cause
for an extension or continuance.
(7) Exemption of Certain Types of Cases. The court exempts certain types of cases from
the requirements of this local rule and of Fed. R. Civ. P. 16(b), including: any case exempt
from the initial disclosure requirements under Fed. R. Civ. P. 26, proceedings upon a
defendant’s default, bankruptcy proceedings before this court, condemnation cases,
forfeiture actions, and cases filed as miscellaneous matters before this court.
(c) Orders for Further Conference, Reports, or ADR Procedures
At any stage of the case, the court may do one or more of the following:
(1) schedule a conference for some or all of the purposes prescribed for the initial
scheduling conference;
(2) direct a written report from the parties as to the advisability of employing any ADR
procedure;
(3) direct the parties to participate in an ADR procedure; provided, that the court shall
order participation in an arbitration or a summary jury trial only with the agreement of all
parties.
(d) Later Recommendations of Parties for ADR Proceedings
As the case proceeds, if counsel for any party concludes that an ADR procedure would have a
significant possibility of fostering an early and inexpensive resolution of the case, that counsel
shall so advise the court and all other counsel in writing. Whenever possible, such reports should
be submitted jointly by counsel for all parties.
(e) Proposed Pretrial Order
The proposed pretrial order, bearing the signatures of counsel for each party, shall be filed 30
days prior to the scheduled trial date, unless otherwise ordered by the court. (See LCR 16.1 for
form of pretrial order)
(f) Reserved
(g) Reserved
(h) Plaintiff’s Pretrial Statement
Not later than 30 days prior to the date for filing the proposed pretrial order, counsel for
Civil Rules
plaintiff(s) shall serve upon counsel for all other parties (but not file) a brief statement as to:
(1) Federal jurisdiction;
(2) Which claims for relief plaintiff intends to pursue at trial, stated in summary fashion;
(3) Relevant facts about which plaintiff asserts there is no dispute and which plaintiff is
prepared to admit;
(4) Issues of law;
(5) The names and addresses of all witnesses who might be called by plaintiff, and the
general nature of the expected testimony of each. As to each witness, plaintiff shall
indicate “will testify” or “possible witness only.” Rebuttal witnesses, the necessity of
whose testimony cannot reasonably be anticipated before trial, need not be named;
(6) A list of all exhibits which will be offered by plaintiff at the time of trial, except
exhibits to be used for impeachment only, and a statement of whether the plaintiff intends
to present exhibits in electronic format to jurors. The exhibits shall be numbered in the
manner required by the assigned judge during a pre-trial conference, in the applicable case
management order, or by other order. Further clarification may be obtained by reviewing
the assigned judge’s web page at http://wawd.uscourts.gov or, in the absence of guidance
in an order or on the web page, by contacting the assigned judge’s courtroom deputy.
(7) Any portions of deposition transcripts to be offered by plaintiff at trial, as specified in
