Notice of and Order with Respect to Mediation; Scheduling and Instruction Order Sample

=== Notice of and Order with Respect to Mediation ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS JOHN SMITH Plaintiff, v. SALLY SMITH Defendant. CIVIL ACTION ) NOTICE OF AND ORDER WITH RESPECT TO MEDIATION CABELL, M.J. November 28, 2016 The parties are hereby notified that in accordance with the Order of Reference referring this case to Alternative Dispute Resolution the court has scheduled a mediation conference at 10:00 am on Thursday, January 19, 2017 in Courtroom 23 - Boston. All parties (or, if applicable, representatives thereof) and counsel are required to attend and must have full settlement authority - leave of court is required for any exceptions. It shall be understood that all parties and counsel will participate in good faith and with the objective of settling the matter on mutually acceptable terms. It shall be further understood that all parties, counsel, and other persons who participate will keep confidential all communications exchanged during the conference. By no later than 5 business days before the mediation, each party shall provide the court a confidential settlement memorandum (marked “Confidential – Not for Docketing”) of no more than five pages addressing with candor, in enumerated sections, the following points: 1. A brief analysis of the key issues involved in the litigation, including a specific breakdown of the claimed damages. 2. A description of the strongest and weakest legal and factual points in the party’s case and the opponent’s case. 3. The status of settlement negotiations, including the last settlement proposal made by each side. In this regard, counsel are directed to confer with their clients in advance of the mediation conference to explore the party’s settlement position, and the parties are encouraged to exchange settlement proposals prior to the conference. 4. The settlement proposal that the party believes would be fair. 5. The settlement proposal that the party would be willing to make in order to conclude the matter at this time. 6. A list of the expected attendees at the mediation along with a brief explanation of their role or title. Each memorandum shall be held in confidence by the court and shall not be filed on CM/ECF. The memoranda should be sent to Noreen Russo, Deputy Clerk, Clerk’s Office, United States District Court, 1 Courthouse Way, Boston, Massachusetts 02210, or preferably, e-mailed to [email protected]. If you believe the case is not ripe for mediation1 you must notify opposing counsel and the Court as soon as possible. The parties are asked to accommodate the court’s scheduled mediation date. If the date poses a serious conflict, please do NOT contact the Courtroom Deputy directly regarding mediation scheduling; instead, the parties are to confer and file on CM/ECF an assented-to motion to continue the mediation, including therein several proposed dates for which all counsel and principals are available. IT IS SO ORDERED. /s/ Donald L. Cabell DONALD L. CABELL UNITED STATES MAGISTRATE JUDGE 1 Examples of reasons why a case might not be ripe for mediation are (1) crucial discovery has not yet been done or (2) one or more of the parties is unwilling to settle the case on any terms or (3) one or more of the parties is unwilling to settle the case on any terms other than those which the other party or other parties will find impossible to accept.

=== Scheduling and Instruction Order Sample ===

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS BIG INSURANCE CO., Plaintiff, v. BIG GAS AND OIL, INC. et al, Defendants. CIVIL ACTION NO. 1:16-cv-00000-DLC CABELL, M.J. SCHEDULING AND INSTRUCTION ORDER This Scheduling and Instruction Order is intended to provide a reasonable timetable for discovery and motion practice, provide instructions to the parties regarding their discovery obligations, and to institute case management practices to help ensure a fair and just resolution of this matter without undue expense or delay. Timetable for Discovery and Motion Practice 1. 2. Initial Disclosures. Initial disclosures required by Fed. R. Civ. P. 26(a)(1) must be completed by October 1, 2016. Amendments to Pleadings. Except for good cause shown, no motions seeking leave to add new parties or to amend the pleadings to assert new claims or defenses may be filed after December 1, 2016. 3. Fact Discovery – Interim Deadlines a. All requests for production of documents and interrogatories will be served by November 1, 2016. b. All requests for admission will be served by March 1, 2017. c. All depositions, other than expert depositions, must be completed by March 1, 2017 d. Non-expert depositions will be limited to (4) per party absent agreement of counsel which shall not be unreasonably withheld upon application to the court. All discovery other than expert shall be completed by March 1, 2017. 4. Expert Discovery. a. b. c. d. Plaintiff’s Designation of experts and the information contemplated by Fed. R. Civ. P. 26(a)(2) must be disclosed by April 1, 2017. Defendant’s Designation of experts and the information contemplated by Fed. R. Civ. P. 26(a)(2) must be disclosed by May 1, 2017. Rebuttal expert reports will be served by no later than June 1, 2017 All expert discovery complete by June 14, 2017. 5. Dispositive Motions. a. b. Summary Judgment Motions must be filed by September 1, 2017. Oppositions must be filed by the time allowed in the Local Rule. Procedure Regarding Resolution of Discovery Disputes It is hereby ORDERED that the following steps be undertaken by all parties prior to the filing of any discovery motions including, but not limited to, a motion to compel, motion to quash, motion for a protective order, or motion for sanctions. 1. The parties are strongly encouraged to informally resolve all discovery issues and disputes without the necessity of Court intervention. In that regard, the parties are first required to confer and fully comply with Rules 26(c)(1) and 37(a)(2) of the Federal Rules of Civil Procedure, by undertaking a sincere, good faith effort to try to resolve all differences without Court action or intervention. See also Local Rule 7.1. 2. In the event that reasonable, good faith efforts have been made by all parties to confer and attempt to resolve any differences, without success, the parties are then required to schedule a telephonic conference with the Magistrate Judge in an effort to try to resolve the discovery dispute prior to the filing of any motions.1 The parties shall exhaust the first two steps of the process before any motions, briefs, memoranda of law, exhibits, deposition transcripts, or any other discovery materials are filed with the Court. 3. If the dispute still cannot be resolved following a telephonic conference with the Magistrate Judge, then the Court will entertain a discovery motion. In connection with the filing of any such motions, the moving party shall submit the appropriate certifications to the Court as required by Federal Rules of Civil Procedure Rules 26(c)(1); 37(a)(2) and Local Rule 7.1. 1The parties may schedule such a conference by emailing the Magistrate Judge’s Courtroom Deputy Clerk – Noreen Russo at [email protected] with a short summary of the discovery dispute and dates and times where all parties are available. 4. The Court will not be disposed to hear any discovery motion unless the parties have made a sincere, good faith effort to resolve the dispute and all of the above-identified steps have been complied with. A failure to fully comply with all of the prerequisite steps may result in a denial of any motion and may result in an award of costs and reasonable attorney’s fees. Procedural Provisions A. Extension of Deadlines. Pursuant to Local Rule 16.1(G), motions to extend or modify scheduling order deadlines will be granted only for good cause shown. All motions to extend shall contain a brief statement of the reasons for the request; a summary of the discovery, if any, that remains to be taken; and a specific date when the requesting party expects to complete the additional discovery, join other parties, amend the pleadings, or file a motion. B. Reply Memoranda. Parties should refer to Local Rule 7.1(B)(3) unless otherwise directed by the Court. C. Case Management Conferences. Any party who reasonably believes that a case management conference will assist in the management or resolution of the case may request one from the court upon reasonable notice to opposing counsel. D. Additional Conferences. Upon request of counsel, or at the court=s own initiative, additional case management conferences may be scheduled. Parties may request telephonic conferences where appropriate to avoid undue inconvenience or expense. E. Early Resolution of Issues. The court recognizes that, in some cases, resolution of one or more preliminary issues may remove a significant impediment to settlement or otherwise expedite resolution of the case. Counsel are encouraged to identify any such issues and to make appropriate motions at an early stage in the litigation. F. Court Sponsored Alternative Dispute Resolution. The parties may, at any time, request a confidential mediation session. The mediator selected will be assigned from the court’s senior district judges and magistrate judges who have volunteered to handle alternative dispute resolution matters. The court encourages the parties to participate especially if the parties believe there is a meaningful chance of reaching an early, amicable resolution of their dispute. Please see Local Rule 16.4 for further information. January 4, 2017 Date By the Court, /s/ Noreen A. Russo Deputy Clerk