Case Management

9.1. Case Management Meeting. (a) General principles. The case-management process described in this rule should be applied in a flexible, case-specific fashion. These rules have been designed to encourage parties to identify and to implement the case-management techniques—including 20 TOC Rule 9 (b) novel and creative ideas—that are most likely to support the efficient resolution of the case. Timing. No later than sixty days after the designation of an action as a mandatory complex business case or assignment to a Business Court judge pursuant to Rule 2.1 of the General Rules of Practice, counsel must participate in a Case Management Meeting. The filing of an opposition to a Notice of Designation does not, absent a this rule’s requirements. Counsel for the first named plaintiff is responsible for contacting other counsel and scheduling the meeting. court order, stay or alter A party may, by motion, request that the Court alter the process or schedule for the Case Management Meeting and Case Management Report. The motion must be supported by good cause, be filed as promptly as possible, and identify the reasons for the requested change. Any opposition to a motion filed under this rule must be filed within five days of service of the motion. The Court may schedule a status conference in advance of the Case Management Meeting if circumstances warrant. (c) Topics. Unless the Court orders otherwise, the Case Management Meeting must cover at least the following subjects: (1) (2) (3) (4) (5) any initial motions that any party might file and whether certain issues might be presented to the Court for early resolution; the discovery topics described in BCR 10.3 through 10.8; a proposed deadline for amending pleadings and/or adding parties; a proposed deadline for filing dispositive motions; a proposed trial date; (6) whether a protective order is needed; (7) whether any law other than North Carolina law might govern aspects of the case and, if so, what law and which aspects of the case; (8) the parties’ views on the timing of mediation, including any plans for early mediation, a mediation deadline, and any agreed-upon mediator(s); (9) whether periodic Case Management Conferences with the Court would be beneficial and, if so, the proposed frequency of those conferences; 21 TOC Rule 9 (10) whether the Case Management Conference should be transcribed; (11) whether any matter(s) might be appropriate for a referee; and (12) whether client attendance at the Case Management Conference would be beneficial. Ultimately, the parties should discuss any matter that is significant to case management. The parties should review the template Case Management Report in Appendix 2 to these rules for further guidance about the Case Management Meeting. The template does not limit further topics that might be considered as appropriate to achieve an efficient and orderly disposition in light of the particular circumstances of an individual case. (d) Discovery management. These rules envision a full discussion at the Case Management Meeting of the discovery issues If, because of the described in BCR 10.3 through 10.8. circumstances of the case, the parties need additional time after the Case Management Meeting to complete their discussion of discovery, then the parties should arrange to have a second meeting on any discovery issues that remain to be discussed. The second meeting should be held as soon as is practicable, but in no event later than thirty days after the Case Management Meeting. 9.2. Case Management Report. The parties must jointly file a Case Management Report no later than the fifteenth day after the Case Management Meeting begins. The template Case Management Report in Appendix 2 to these rules provides guidance for how to structure the report. Counsel for the first named plaintiff is responsible for circulating an initial draft of the report, for incorporating into the report the views of all other counsel, and for finalizing and filing the report. The report should state whether the parties have completed their discussion of the discovery topics described in BCR 10.3 through 10.8 and, if they have not, the issues that remain to be discussed and the likely date on which a second discovery meeting will occur. If the parties participate in a second discovery meeting, then the parties must file a supplement to the Case Management Report within ten days of the second discovery meeting. A party that is not served with process until after the Case Management Meeting may file a supplement to the Case Management Report if the Court has not already issued a Case Management Order. A supplement must be filed within ten days of when a party makes its first appearance in the case. 9.3. Case Management Conference. The Court retains discretion about when and whether to convene a Case Management Conference and whether more 22 TOC Rule 9 than one conference is needed. The Court may require representatives of each party, in addition to counsel, to attend any Case Management Conference. The Court will issue a notice of the conference in accordance with BCR 6.1. The notice will indicate whether a representative of each party will be required to attend. The Court will conduct the conference in accordance with BCR 6.2. Unless it orders otherwise, the Court will not hear substantive motions at a Case Management Conference. The conference will not be transcribed unless a party arranges for a reporter to transcribe the proceedings or unless the Court orders otherwise. 9.4. Case Management Order. The Court will issue a Case Management Order. The order will address the issues developed in the Case Management Report and/or Case Management Conference, as well as any other issues that the Court deems appropriate. Any party may move to modify the terms of the Case Management Order on a showing of good cause, but may do so only after consultation with all other parties. History Note. 372 N.C. 911; 372 N.C. 844.