7016-2. EARLY CONFERENCE OF COUNSEL.
7016-2. EARLY CONFERENCE OF COUNSEL.(a) TIME OF EARLY CONFERENCE. In all proceedings governed by Part VII of the Fed. R. Bankr. P., the parties shall comply with this Local Bankruptcy Rule, unless all defendants have defaulted. The plaintiff shall serve with the summons and complaint, a notice that compliance with this rule is required and a copy of
Local Form CSD 3018, CERTIFICATE OF COMPLIANCE WITH EARLY
CONFERENCE OF COUNSEL. The plaintiff shall file the proof of service of the notice together with the proof of service of the summons and complaint within the time provided by Local Bankruptcy Rule 9006-3. Counsel for the parties shall confer
for the purposes set forth below. Such conference shall take place no later than thirty (30) days after the date all defendants have appeared or defaulted or forty-five (45) days from the date of the first appearance of any defendant, whichever occurs first. Where there are multiple defendants, plaintiff or its counsel shall take all reasonable steps to schedule the meeting or conference call so that counsel for all parties can attend. Where necessary, in multi-defendant cases and upon a showing of good cause, the court may grant an application for an extension of time within which to hold the early meeting.
(b) PURPOSE OF CONFERENCE. At the conference required by this Rule, the parties shall:
(1) DOCUMENTS. Exchange all documents and make all disclosures required by Fed. R. Bankr. P. 7026(a)(1) or fix a date to make such exchange.
(2) DISCOVERY. Develop a discovery plan using Exhibit A to Local Form 3018, CERTIFICATE OF COMPLIANCE.
(3) OTHER EVIDENCE. Exchange any other evidence then reasonably available to a party to obviate the filing of unnecessary discovery motions.
(4) LIST OF WITNESSES. Exchange a list of witnesses then known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. The parties will then be under a continuing obligation to advise the opposing party of other witnesses as they may become known.
(5) SETTLEMENT. Discuss settlement possibilities, including the parties’ willingness to go to mediation. If mediation agreed to, designate the first choice and alternate choice of mediator, using court-maintained mediator list or other mutually acceptable mediator. A list of mediators is available from the Office of the Clerk or on the court’s website, www.casb.uscourts.gov.
(c) CERTIFICATE OF COMPLIANCE AND NOTICE OF HEARING FOR PRE-TRIAL STATUS CONFERENCE. No later than five (5) seven (7) days after the Early Conference of Counsel or Parties, a joint CERTIFICATE OF COMPLIANCE, Local Form CSD 3018, signed by all parties or counsel shall be filed by the counsel for the plaintiff together with Local Form CSD 3019, NOTICE OF PRE-TRIAL STATUS CONFERENCE. In advance of filing said NOTICE OF HEARING FOR PRE-TRIAL STATUS CONFERENCE, it shall be the responsibility of plaintiff or its counsel to obtain a hearing date for the pre-trial status
conference from the courtroom deputy and serve said notice on all other parties.