STATUS CONFERENCE, PRETRIAL, AND TRIAL PROCEDURE

(a) Status Conference. In any adversary proceeding, the clerk will include in a summons, notice of the date and time of the status conference. (1) Who Must Appear. Each party appearing at any status conference must be represented by either the attorney (or party, if not represented by counsel) who is responsible for trying the case or the attorney who is responsible for preparing the case for trial.

(2) Contents of Joint Status Report. Unless otherwise ordered by the court, at least 14 days before the date set for each status conference the parties are required to file a joint status report using mandatory court form F 7016-1.STATUS.REPORT (and F 7016-1.STATUS.REPORT.ATTACH, if applicable). (3) Unilateral Status Report. If any party fails to cooperate in the preparation of a joint status report and a response has been filed to the complaint, each party must file a unilateral status report not less than 7 days before the date set for each status conference, unless otherwise ordered by the court.

The unilateral status report must contain a declaration setting forth the attempts made by the party to contact or obtain the cooperation of the non-complying party. The format of the unilateral status report must substantially comply with mandatory court form F 7016-1.STATUS.REPORT. 90 LBR 7016-1 (4) Scheduling Order. Unless otherwise ordered by the court, within 7 days after the status conference the plaintiff must lodge, in accordance with LBR 9021-1(b), a proposed scheduling order setting forth the following: (A) Deadline to join other parties and to amend the pleadings; (B) Deadline for all discovery to be completed, including the date by which all responses to discovery requests are due; (C) Deadline to file any pretrial motions and/or a pretrial stipulation; (D) Any dates set for further status conferences, a final pretrial conference, and the trial; (E) Any other appropriate matter; and (F) Proof of service on all opposing counsel (or parties, if not represented by counsel), of a notice of lodgment.

(5) Stipulation for Extension of Deadlines in Scheduling Order. A stipulation for extension of the deadlines set forth in a previously entered scheduling order must contain facts establishing cause for the requested extension and be filed in accordance with LBR 9021-1(b)(2) and LBR 9071-1. (b) Pretrial Stipulation and Order. (1) When Required.

(A) In any adversary proceeding, unless otherwise ordered by the court (or if ordered in a contested matter), attorneys for the parties (or parties, if not represented by counsel) must prepare a written pretrial stipulation approved by counsel for all parties. (B) Unless otherwise ordered by the court, the pretrial stipulation must be filed or lodged (depending upon the procedures of the presiding judge) and served not less than 14 days before the date set for the pretrial conference (if one is ordered) or trial. (C) Unless otherwise ordered by the court, all parties and/or attorneys for the parties must meet and confer at least 28 days before the date set for pretrial conference (if one is ordered) or trial, for the purpose of preparing the pretrial stipulation. (2) Contents of Pretrial Stipulation.

Unless the court orders otherwise, a pretrial stipulation must include the following statements in the following sequence: (A) “The following facts are admitted and require no proof:” (Set forth a concise statement of each.) 91 LBR 7016-1 (B) “The following issues of fact, and no others, remain to be litigated:” (Set forth a concise statement of each.) (C) “The following issues of law, and no others, remain to be litigated:” (Set forth a concise statement of each.) (D) “Attached is a list of exhibits intended to be offered at the trial by each party, other than exhibits to be used for impeachment only. The parties have exchanged copies of all exhibits.” (Attach a list of exhibits in the sequence to be offered, with a description of each, sufficient for identification, and as to each state whether or not there is objection to its admissibility in evidence and the nature thereof.) If deposition testimony is to be offered as part of the evidence, the offering party must comply with LBR 7030-1. (E) “The parties have exchanged a list of witnesses to be called at trial.” The parties must exchange a list of names and addresses of witnesses, including expert witnesses, to be called at trial other than those contemplated to be used for impeachment or rebuttal. The lists of witnesses must be attached to the pretrial stipulation together with a concise summary of the subject of their proposed testimony.

If an expert witness is to be called at trial, the parties must exchange short narrative statements of the qualifications of the expert and the testimony expected to be elicited at trial. If the expert to be called at trial has prepared a report, the report must be exchanged as well. (F) “Other matters that might affect the trial such as anticipated motions in limine, motions to withdraw reference due to timely jury trial demand pursuant to LBR 9015-2, or other pretrial motions.” (G) “All discovery is complete.” (H) “The parties are ready for trial.” (I) “The estimated length of trial is _______________________.” (J) “The foregoing admissions have been made by the parties, and the parties have specified the foregoing issues of fact and law remaining to be litigated. Therefore, this order supersedes the pleadings and governs the course of trial of this cause, unless modified to prevent manifest injustice.” (3) Order on Pretrial Stipulation.

To determine if a proposed pretrial stipulation must be filed, or if it must be lodged, consult the presiding judge’s webpage on the court’s website, www.cacb.uscourts.gov. (A) Filing the Pretrial Stipulation. If the presiding judge’s instructions are to file the pretrial stipulation, after the court rules on whether to approve or deny the pretrial stipulation, lodge an order approving or denying the pretrial stipulation according to the LOU Procedures found in The Central Guide. 92 (B) Lodging the Pretrial Stipulation.

If the presiding judge’s instructions are to lodge the pretrial stipulation, lodge the pretrial stipulation according to the LOU Procedures found in The Central Guide. LBR 7016-1 (c) Plaintiff’s Duty. (1) It is plaintiff’s duty to prepare and sign a proposed pretrial stipulation that is complete in all respects except for other parties’ lists of exhibits and witnesses. (2) Unless otherwise ordered by the court, plaintiff must serve the proposed pretrial stipulation in such manner so that it will actually be received by the office of counsel for all other parties (or parties, if not represented by counsel) not later than 4:00 p.m. on the 7th day prior to the last day for filing or lodging (depending upon the presiding judge’s procedures) the proposed pretrial stipulation.

(d) Duty of Parties Other Than Plaintiff. Each other party must, within 3 days following receipt of plaintiff’s proposed pretrial stipulation, take the following action: (1) Agreement with Form of Proposed Stipulation. If plaintiff’s proposed pretrial stipulation is satisfactory, attach that party’s list of exhibits and witnesses to the pretrial stipulation, indicate approval of the proposed pretrial stipulation by signature, file or lodge it (depending upon the presiding judge’s procedures) in time to be received within the time prescribed in subsection (b)(1) of this rule, and serve all other parties with a completed copy of the pretrial stipulation; or (2) Disagreement with Form of Proposed Stipulation. If plaintiff’s proposed stipulation is unsatisfactory: (A) Immediately contact plaintiff in a good faith effort to achieve a joint proposed pretrial stipulation; and (B) If such effort is unsuccessful, prepare a separate proposed pretrial stipulation and file or lodge it (depending upon the presiding judge’s procedures), together with plaintiff’s proposed pretrial stipulation and a declaration of that party setting forth the efforts made to comply with subsection (d)(2)(A) of this rule.

The separate proposed pretrial stipulation and declaration must be filed or lodged (depending upon the presiding judge’s procedures) and served in such a manner that they will actually be received by the court and the plaintiff all within the time set forth in subsection (b)(1) of this rule. (e) Non-receipt of Proposed Pretrial Stipulation. (1) Plaintiff. A plaintiff who has complied with subsection (c) of this rule, and does not receive a timely response from the other parties, must file or lodge (depending upon the presiding judge’s procedures) and serve a proposed pretrial stipulation at least 14 days before the pretrial conference (if one is ordered) or trial.

At the same time, plaintiff must file and serve a declaration asserting the failure of the other parties and/or counsel for the parties to respond. 93 LBR 7026-1 (2) Other Parties. Any party other than plaintiff who has not received plaintiff’s proposed pretrial stipulation within the time limits set forth in subsection (c) of this rule must prepare, file, and serve at least 14 days prior to the trial or pretrial conference, if one is ordered, a declaration attesting to plaintiff’s failure to prepare and serve a proposed pretrial stipulation in a timely manner. (f) Sanctions for Failure to Comply with Rule.

In addition to the sanctions authorized by F.R.Civ.P. 16(f), if a status conference statement or a joint proposed pretrial stipulation is not filed or lodged within the times set forth in subsections (a), (b), or (e), respectively, of this rule, the court may order one or more of the following: (1) A continuance of the trial date, if no prejudice is involved to the party who is not at fault; (2) Entry of a pretrial order based conforming party’s proposed description of the facts and law; (3) An award of monetary sanctions including attorneys’ fees against the party at fault and/or counsel, payable to the party not at fault; and/or (4) An award of non-monetary sanctions against the party at fault including entry of judgment of dismissal or the entry of an order striking the answer and entering a default. (g) Failure to Appear at Hearing or Prepare for Trial. The failure of a party’s counsel (or the party, if not represented by counsel) to appear before the court at the status conference or pretrial conference, or to complete the necessary preparations therefor, or to appear at or to be prepared for trial may be considered an abandonment or failure to prosecute or defend diligently, and judgment may be entered against the defaulting party either with respect to a specific issue or as to the entire proceeding, or the proceeding may be dismissed.