U.S. ~,,
IN THE UNITED STATES D~f'~lJiT:~QM,l.eLERI\
CHeYENNE
FOR THE DISTRICT OF WYOMING
Administrative General Order 2013-02 GENERAL ORDER SETTING
REQUIREMENTS FOR INITIAL
PRETRIAL CONFERENCES FOR
CASES BEFORE THE HONORABLE
NANCY D. FREUDENTHAL
In an effort to better utilize the Initial Pretrial Conference, the Honorable Nancy D.
Freudenthal has implemented the following requirements for all Initial Pretrial Conferences set on
or after July 1, 2013:
1. Case Management Report
The parties are directed to meet and confer at least 10 days before the Initial Pretrial
Conference as required by Federal Rule of Civil Procedure 26(f). At this meeting the parties shall
develop a Joint Case Management Report, containing the items listed below. Please address the
items in the order in which they are listed. Parties should skip those items that are not applicable
to their case.
1. The names of counsel who attended the Rule 26(f) meeting and assisted in developing the
Case Management Statement;
2. A list of the parties in the case, including any parent corporations or entities (for recusal
purposes);
3. A short statement of the nature of the case (2 pages or less), including a description of the
claims and defenses;
4. A statement describing the basis for jurisdiction and citing specific jurisdictional statutes.
If jurisdiction is based on diversity of citizenship, the report shall include a statement of the
citizenship of every party and a description ofthe amount in dispute. The parties are reminded that
(1) a corporation is a citizen ofthe state where it is incorporated and the state of its principal place
ofbusiness, and (2) partnerships and limited liability companies are citizens of every state in which
one of their partners or members resides;
5. A list of any parties who have not been served, and an explanation of why they have not
been served. Also a list of any parties who have been served, but have not answered or otherwise
appeared;
6. A statement of whether any party expects to add additional parties to the case or otherwise
amend pleadings (the Court will set a deadline to join parties or amend pleadings at the conference);
7. Whether there are dispositive or partially dispositive issues appropriate for decision by
motion or by agreement;
8. The nature and type of discovery each party intends to pursue and, whether discovery is
an issue and whether the discovery should be limited in any manner;
9. The status of related cases pending before other courts or other judges of this Court;
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10. Proposed specific dates for each ofthe following, keeping in mind that trial should occur
within nine (9) months from the date of the Initial Pretrial Conference, unless there are unusual or
unique circumstances. Parties should be prepared to address any issues that require additional time
at the Initial Pretrial Conference.
a. Dates for full and complete expert disclosures under Federal Rule of Civil
Procedure 26( a)(2)(A)-(C);
b. A deadline for the completion of fact discovery;
c. A deadline for filing dispositive motions;
d. A date for a dispositive motion hearing (the parties may choose not to have
a hearing);
e. A date for the final pretrial conference; and
f. A date for trial.
11. The estimated length of trial and any suggestions for shortening the trial;
12. The prospects for settlement, including any request of the Court for assistance in
settlement efforts; and
13. Any other matters that will aid the Court and parties in resolving this case in a just,
speedy, and inexpensive manner.
The parties shall electronically file the Joint Case Management Report no less than
seven (7) days before the Initial Pretrial Conference and shall also provide an electronic
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version in word or word perfect to Judge Freudenthal's chambers at
[email protected]. For the parties' convenience, the Court has attached a form
Case Management Report (Attachment A) to this Order. The form is also available in word and
word perfect format on the District Court's website under forms, then under Judge Freudenthal's
forms. It is Plaintiff(s) responsibility to initiate the Rule 26(f) meeting and preparation of the Joint
Case Management Report. Defendant(s) shall promptly and cooperatively participate in the Rule
26(f) meeting and shall assist in preparation of the Joint Case Management Report.
2. Initial Pretrial Conference
Counsel who will be responsible for the trial for each party, shall appear either in person or
by phone and participate in the Initial Pretrial Conference. Counsel shall have authority to enter into
stipulations regarding all matters that may be discussed. At the Initial Pretrial Conference, the Court
and the parties will:
1. Identify the principal factual and legal issues in dispute;
2. Identify whether the case is suitable for reference to a magistrate judge for early neutral
evaluation, settlement conference, or trial;
3. Review the parties' compliance with their disclosure obligations and consider whether to
order additional disclosures;
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4. Determine whether early filing of any motions might significantly affect the scope of
discovery or other aspects of the litigation, and provide for the staged resolution, or bifurcation of
issues for trial consistent with Fed. R. Civ. P. 42(b);
5. Set deadlines for completion of expert disclosure, discovery, filing dispositive motions
and dates for the dispositive motion hearing (if any), final pretrial conference and trial;
6. Discuss the anticipated length of trial and any suggestions for shortening the trial;
7. Discuss whether it would be productive to have a short status conference prior to the filing
of dispositive motions;
8. Discuss the settlement possibilities ofthe case, including any requests for Court assistance
in settlement efforts; and
9. Discuss other matters as any party considers conducive to the just, speedy and inexpensive
resolution of this matter.
3. Special Procedures for Non-Prisoner ProSe Cases
The Court will not set an Initial Pretrial Conference, and does not reqmre a Case
Management Report, for cases where either party is acting pro se, unless specifically requested by
the parties. Rather, after all defendants have answered, the Court will review the claims and
responses and will enter a Scheduling Order setting forth the applicable deadlines. Additionally, in
all non-prisoner pro se cases, the Court will automatically set a settlement conference before a
magistrate judge.
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4. Initial Pretrial Order
After the Initial Pretrial Conference, the Court will enter an Initial Pretrial Order. The form
of the Court's standard Initial Pretrial Order can be found on the Court's website at
www .wyd. uscourts. gov under Forms, then under Judge Freudenthal's Forms. The Court fully intends
to enforce the deadlines in the Initial Pretrial Order. The parties should plan their litigation activities
accordingly.
Dated this -:IJ___ day of May, 2013.
(i
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(ATTACHMENT A)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF WYOMING
)
)
Plaintiff, ) Case No.
)
vs. )
)
)
)
Defendant. )
FORM OF JOINT CASE MANAGEMENT PLAN
(PLEASE SKIP ANY QUESTION WHICH IS NOT APPLICABLE)
1. The names of counsel who attended the Rule 26(f) meeting and assisted in developing the
Case Management Statement.
Response:
2. A list of the parties in the case, including any parent corporations or entities (for recusal
purposes).
Response:
3. A short statement of the nature of the case (2 pages or less), including a description of the
claims and defenses.
1
Response:
4. A statement describing the basis for jurisdiction and citing specific jurisdictional statutes.
If jurisdiction is based on diversity of citizenship, the report shall include a statement of the
citizenship of every party and a description of the amount in dispute. The parties are reminded that
(1) a corporation is a citizen of the state where it is incorporated and the state of its principal place
ofbusiness, and (2) partnerships and limited liability companies are citizens of every state in which
one of their partners or members resides.
Response:
5. A list of any parties who have not been served, and an explanation of why they have not
been served. Also a list of any parties who have been served, but have not answered or otherwise
appeared.
Response:
6. A statement of whether any party expects to add additional parties to the case or otherwise
amend pleadings (the Court will set a deadline to join parties or amend pleadings at the conference).
Response:
7. Whether there are dispositive or partially dispositive issues appropriate for decision by
motion or by agreement.
Response:
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8. The nature and type of discovery each party intends to pursue and, whether discovery is
an issue and whether the discovery should be limited in any manner.
Response:
9. The status of related cases pending before other courts or other judges of this Court.
Response:
10. Proposed specific dates for each of the following, keeping in mind that trial should occur
within nine (9) months from the date of the Initial Pretrial Conference, unless there are unusual or
unique circumstances. Parties should be prepared to address any issues that require additional time
at the Initial Pretrial Conference.
a. Dates for full and complete expert disclosures under Federal Rule of Civil
Procedure 26(a)(2)(A)-(C);
b. A deadline for the completion of fact discovery;
c. A deadline for filing dispositive motions;
d. A date for a dispositive motion hearing (the parties may choose not to have
a hearing);
e. A date for the final pretrial conference; and
f. A date for trial.
Response:
11. The estimated length of trial and any suggestions for shortening the trial.
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Response:
12. The prospects for settlement, including any request of the Court for assistance in
settlement efforts.
Response:
13. Any other matters that will aid the Court and parties in resolving this case in a just,
speedy, and inexpensive manner.
Response:
Counsel for Plaintiff(s) Date
Counsel for Defendant( s) Date
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