SCHEDULING ORDER AND DISCOVERY PLAN

a. Timing of Proposed Order and Plan. Within 90 days after the filing of the complaint or 60 days after the filing of a notice of removal (see LR 81(b , all attorneys of record and all unrepresented parties must submit for approval by a magistrate judge a proposed Rule 16(b) and 26(f) scheduling order and discovery plan. The parties must confer to complete the proposed scheduling order and discovery plan as soon as practicable, but at least 14 days before the proposed scheduling order and discovery plan is due. b. Completion of Proposed Order and Plan. The attorneys of record and all unrepresented parties who have appeared in the case are jointly responsible for preparing a proposed scheduling order and discovery plan.

The proposed scheduling order and discovery plan must be prepared using the form supplied by the Clerk of Court, and must contain all of the information requested in the form. The form may be downloaded from the courts’ websites. The completed form must be filed. c. Dismissal for Failure to Submit Timely Proposed Order and Plan. The failure to submit timely a proposed scheduling order and discovery plan may result in dismissal of the case. d. Cases Not Subject to Requirement.

A proposed scheduling order and discovery plan must be submitted in all civil cases, except for the following: 1. An action for judicial review based on an administrative record, such as a Social Security benefits case or a claim-review case brought under the Employee Retirement Income Security Act of 1974; 2. A petition, application, or motion for habeas corpus, or other proceeding to challenge a criminal conviction or sentence; 3. An action brought without counsel by a person in custody of the United States, a state, or a state subdivision; 4.

An action to enforce or quash an administrative summons or subpoena; 5. An action by the United States to recover benefit payments; 6. An action by the United States to collect on a student loan guaranteed by the United States; 7. A proceeding ancillary to proceedings in other courts; 8.

An action to enforce an arbitration award; 9. A foreclosure or civil forfeiture action filed by the United States; 10. An IRS summons enforcement action; and 11. Any other class of cases so designated by order of the court.

23 e. Scheduling Conference. After reviewing the proposed scheduling order and discovery plan, the magistrate judge may issue the Rule 16(b) and 26(f) scheduling order and discovery plan, either as submitted or with revisions, or may set a scheduling conference. Nothing in this rule precludes the parties from requesting a scheduling or planning conference with the magistrate judge at any time. f. Requests for Extensions of Scheduling Order Deadlines. A motion to extend a scheduling order deadline must demonstrate good cause for the requested extension and also must contain the following: 1.

A description of the discovery not completed; 2. A description of the discovery that has been completed; 3. An explanation of why all discovery cannot be completed by the existing deadline; 4. A statement of when discovery will be completed; and 5.

The current trial date and a statement of whether the moving party believes the requested extension will affect any scheduled trial date. g. Dispositive Motion Deadline. The deadline in the proposed scheduling order and discovery plan for filing dispositive motions must be at least 150 days before the proposed ready-for-trial date. Any request to extend a dispositive motion deadline must ensure 150 days remain between the new dispositive motion deadline and the scheduled trial date. h. Deadlines in Actions for Judicial Review Based on Administrative Record. In actions for judicial review based on an administrative record, such as claim-review cases brought under the Employee Retirement Income Security Act of 1974, within 90 days after the filing of the complaint, all attorneys of record and all unrepresented parties must confer and submit to the Clerk of Court for approval by a magistrate judge a proposed scheduling order setting forth deadlines for the filing of the administrative record and briefs.

This section does not apply to Social Security benefits cases, which are scheduled by the court. i. Sanctions. The failure to comply with a deadline established in the Rule 16(b) and 26(f) scheduling order and discovery plan may result in sanctions, including the exclusion of evidence, the prevention of witnesses from testifying, the striking of pleadings or other documents, the denial of oral argument, and the imposition of attorney fees and costs. 24 LR 16A FINAL PRETRIAL CONFERENCE a. Representation at Final Pretrial Conference. Each party not proceeding pro se must be represented at any final pretrial conference by a lawyer who will participate in the trial, is familiar with the facts of the case, and has full authority to act on behalf of the party.

All pro se parties also must appear. b. Final Pretrial Conference Procedure. If a final pretrial conference is ordered in a civil case, the following procedures will apply. Before the final pretrial conference, any unrepresented parties and counsel for all represented parties must confer to prepare and sign a proposed final pretrial order in the form available on the courts’ websites. If the plaintiff is represented, the plaintiff’s counsel has the responsibility for initiating the conference to prepare the proposed final pretrial order, but if the plaintiff is proceeding pro se, the lawyer for the defendant must initiate the conference.

All parties have a duty to ensure the proposed final pretrial order is prepared properly. The proposed final pretrial order must be submitted to the court at least 3 days before the date of the final pretrial conference. With prior permission from the federal judge holding the final pretrial conference, the conference may be conducted by telephone, but only when the parties have submitted to the court, at least 3 days before the date of the conference, the following: (1) a fully and properly completed proposed final pretrial order; and (2) a request for a telephonic final pretrial conference. When listing witnesses in the proposed final pretrial order, the parties should exercise caution about personal data identifiers.

(See LR 10(g . c. Identification of Witnesses and Exhibits. The pretrial disclosure of witnesses and exhibits required by Local Rule 83E and Federal Rule of Civil Procedure 26(a)(3)(A) must be served at least 21 days before the final pretrial conference. These disclosures should not be filed. d. Pretrial Filings. Trial briefs, proposed voir dire questions, statement of the case, and proposed jury instructions including a verdict form must be filed at least 3 days before the final pretrial conference.

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