Civil Case Management Order; Sample Joint Discovery Plan

=== Civil Case Management Order ===

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CHAMBERS OF RUKHSANAH L. SINGH UNITED STATES MAGISTRATE JUDGE CLARKSON S. FISHER BLDG. & U.S. COURTHOUSE 402 E. STATE STREET TRENTON, NJ 08608 (609) 989-0502 CIVIL CASE MANAGEMENT ORDER The following shall apply to civil matters assigned to Magistrate Judge Rukhsanah L. Singh. Failure to comply with the terms of this Order may result in sanctions pursuant to the Federal Rules of Civil Procedure 16(f) and 37. 1. Communications with the Court. All communications to the Court shall be in writing via CM/ECF, unless otherwise directed or permitted by the Court. Telephone calls to chambers will be permitted as to administrative matters only or as otherwise directed by the Court. Email and fax communications will not be accepted or considered unless expressly authorized by the Court. 2. Adjournments. Conferences are scheduled with ample notice to the parties. Adjournment requests shall only be considered if made at least two (2) business days prior to a scheduled conference. The party seeking an adjournment should attempt to gain the consent of all other parties before submitting said request. The request should be made in writing via CM/ECF as a letter request. The request must set forth: (a) the date of the conference; (b) the length of adjournment requested; (c) the basis for the adjournment request; (d) whether all parties consent to or oppose the request; and (e) whether the adjournment request, if granted, would impact other scheduled dates or deadlines. Absent exigent circumstances, adjournment requests made after two (2) business before a conference shall not be granted. 3. Extensions. Requests for extensions of time shall only be considered if made at least two (2) business days prior to a scheduled deadline. The party seeking an extension of time should attempt to gain the consent of all other parties before submitting said request. The request should be made in writing via CM/ECF as a letter request. The request must set forth: (a) the currently scheduled deadline(s) sought to be extended; (b) the length of extension requested; (c) the basis for the extension request; (d) whether all parties consent to or oppose the request; and (e) whether the extension request, if granted, would impact other scheduled dates or deadlines. 4. Courtesy Copies. One (1) copy of all filed papers exceeding ten (10) pages per individual document shall be provided to Chambers by mail or personal delivery. Exhibits to any papers should be separated with corresponding exhibit tabs. All documents provided to Chambers shall be filed-stamped. 1 5. Formal Motions. Other than motions filed under Federal Rule of Civil Procedure 12, motions to remand within the time provided by 28 U.S.C. § 1447(c), and motions expressly permitted by this Case Management Order, formal motions shall not be filed without prior leave from this Court. 6. Discovery Disputes and Applications. Discovery disputes and applications shall proceed in accordance with Local Civil Rules 16.1 and 37.1. Should counsel fail in their good faith efforts to resolve the dispute by conferring pursuant to Local Civil Rule 37.1, the matter shall be brought to the Court’s attention through a joint letter that sets forth: (a) the request; (b) the response; (c) efforts to resolve the dispute; (d) the position of the complaining party; (e) the position of the responding party; and, if applicable, (f) the efforts of a party to contact a non-responsive party to meet and confer and submit the joint letter. No further letter submissions regarding the dispute may be submitted without leave of Court. All letters should be double-spaced and submitted via CM/ECF, unless such letters contain information subject to a Discovery Confidentiality Order, in which case they may be submitted via email to [email protected]. Formal discovery motions may be filed only upon leave of Court and only after the parties have proceeded in accordance with Local Civil Rules 16.1 and 37.1. Motions to secure enforcement of a subpoena or to quash a subpoena involving third parties must be made with notice to the relevant third party. 7. Motions to Amend. Motions to amend must comply with Local Civil Rule 15.1 and shall be accompanied with a proposed amended pleading with black- or red-lined edits that clearly indicate the proposed changes. 8. Motions to Seal. Motions to seal must comply with Local Civil Rule 5.3(c) and must include a proposed order and proposed findings of fact and conclusions of law. In addition, the proposed order must include reference to the docket entries the party seeks to seal. Counsel 2 shall make every effort to secure the consent of all parties regarding the request to seal and the movant shall certify as to whether all parties consent in its application. 9. Confidentiality Orders. The parties are encouraged to use the form discovery confidentiality order found at Appendix S of the Local Civil Rules. If the parties submit their own version of a confidentiality order, which differs from Appendix S, they must submit: (1) a clean version of the proposed order that is ready for signature; and (2) an additional version that shall indicate in what respect(s) it differs from Appendix S by bracketing or striking through materials to be deleted and underlining materials to be added. 10. Confidential Submissions. Settlement letters and discovery dispute letters containing information subject to a Discovery Confidentiality Order may be submitted to the Court via email to [email protected]. 11. Pro hac vice Applications. Requests for pro hac vice admission should be made by informal letter application filed via CM/ECF. The application shall comply with Local Civil Rule 101.1(c) and include a proposed form of order. The applicant shall set forth whether all parties consent to the application. Any party opposing an application for pro hac vice admission must submit a letter stating forth its basis for the opposition within two (2) business days of the filing of the initial application for admission. 12. Settlement Conferences. Trial counsel as well as persons with full settlement authority must appear at settlement conferences, unless prior permission has been granted to participate by telephone. The parties must exchange a demand and offer before the settlement conference. Each party shall submit, by email to [email protected], a confidential settlement memorandum of no more than ten (10) double-spaced pages no later than five (5) business days before the conference. The settlement memorandum shall: outline the party’s respective position(s); identify information on what is important to the client and any barriers to settlement; identify the contemplated terms material to a settlement; and detail the demand(s) and offer(s) made to date. If trial counsel and clients do not comply with this Order, the settlement conference may be canceled or rescheduled and the noncompliant party and/or attorney may be sanctioned, which may include an assessment of the costs and expenses incurred by those parties who appeared as directed. 13. Final Pretrial Conferences. The Court conducts final pretrial conferences pursuant to Federal Rule of Civil Procedure 16(e). The parties shall contact Chambers for a model version of the joint final pretrial order applicable to the District Judge assigned to the matter. The Court expects to engage in meaningful settlement discussions at final pretrial 3 conferences. Therefore, trial counsel as well as persons with full settlement authority must attend the conferences, unless prior permission has been granted to participate by telephone. The Final Pretrial Conference will proceed even if there are dispositive motions pending. The parties shall submit, by email and regular mail, one (1) copy of the joint proposed final pretrial order no later than three (3) weeks before the conference. If the parties do not comply with this Order, the final pretrial conference may be canceled or rescheduled and the attorney may be sanctioned, which may include an assessment of the costs and expenses incurred by those parties who appeared as directed. /s Rukhsanah L. Singh RUKHSANAH L. SINGH UNITED STATES MAGISTRATE JUDGE 4

=== Sample Joint Discovery Plan ===

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ____________________________________ Plaintiff(s) Civil Action No. : : : : : : : JOINT PROPOSED DISCOVERY PLAN : : : : : ____________________________________: Defendant(s) Hon. v. 1. 2. 3. Set forth the name of each attorney appearing, the firm name, address and telephone number and facsimile number of each, designating the party represented. Set forth a brief description of the case, including the causes of action and defenses asserted. Have settlement discussions taken place? Yes __________ No __________ (a) What was plaintiff’s last demand? (1) Monetary demand: $ ___________ (2) Non-monetary demand: __________ (b) What was defendant’s last offer? (1) Monetary offer: $ ___________ Non-monetary offer: __________ (2) 4. The parties [have __________ have not __________] met pursuant to Fed. R. Civ. P. 26(f): 1 5. 6. 7. 8. 9. The parties [have ______ have not ______ ] exchanged the information required by Fed. R. Civ. P. 26(a)(1). If not, state the reason therefor. Explain any problems in connection with completing the disclosures required by Fed R. Civ. P. 26(a)(1) The parties [have _________ have not_________] filed disclosures of third-party litigation funding. See Local Civil Rule 7.1.1. The parties [have __________ have not __________] conducted discovery other than the above disclosures. If so, describe. Proposed joint discovery plan: (a) (b) (c) Discovery is needed on the following subjects: Discovery [should __________ should not __________] be conducted in phases or be limited to particular issues. Explain. (1) Fed. R. Civ. P. 26 Disclosures Proposed schedule: (2) E-Discovery conference pursuant to L. Civ. R. 26.1(d) . . (3) Service of initial written discovery . (4) Maximum of _____ Interrogatories by each party to each other party. (5) Maximum of _____ depositions to be taken by each party. (6) Motions to amend or to add parties to be filed by ____________. (7) Factual discovery to be completed by (8) Plaintiff’s expert report due on (9) Defendant’s expert report due on (10) Expert depositions to be completed by . . . . (11) Dispositive motions to be served within ______days of completion of discovery. (d) Set forth any special discovery mechanism or procedure requested. 2 (e) (f) A pretrial conference may take place on . Trial date: ______________________ (______Jury Trial; _____ Non-Jury Trial). 9. 10. 11. 12. 13. 14. 15. Do you anticipate any special discovery needs (i.e., videotape/telephone depositions, problems with out-of-state witnesses or documents, etc)? Yes _______No_______. If so, please explain. Do you anticipate any issues about disclosure or discovery of electronically stored information, including the form or forms in which it should be produced? Yes _______ No _______. If so, how will electronic discovery or data be disclosed or produced? Describe any agreements reached by the parties regarding same, including costs of discovery, production, related software, licensing agreements, etc. Do you anticipate entry of a Discovery Confidentiality Order? See L.Civ.R. 5.3(b) and Appendix S. Do you anticipate any discovery problem(s) not listed above? Describe. Yes ________ No _______. State whether this case is appropriate for voluntary arbitration (pursuant to Local Civil Rule 201.1 or otherwise) or mediation (pursuant to Local Civil Rule 301.1 or otherwise). If not, explain why and state whether any such procedure may be appropriate at a later time (i.e., after exchange of pretrial disclosures, after completion of depositions, after disposition or dispositive motions, etc.). Is this case appropriate for bifurcation? Yes __________ No __________ An interim status/settlement conference (with clients in attendance), should be held in _______________________________________. 16. We [do __________ do not __________] consent to the trial being conducted by a Magistrate Judge. 17. Identify any other issues to address at the Rule 16 Scheduling Conference. Attorney(s) for Plaintiff(s) / Date Attorney(s) for Defendant(s) / Date 3