LBR 7016-1. STATUS CONFERENCE, PRETRIAL, AND TRIAL PROCEDURE

LBR 7016-1. STATUS CONFERENCE, PRETRIAL, AND TRIAL PROCEDURE

(a) Status Conference. In any adversary proceeding, the clerk will issue a summons and 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 discussing the following:
(A) State of discovery, including a description of completed discovery and detailed schedule of all further discovery then contemplated;
(B) A discovery cut-off date;
(C) A schedule of then contemplated law and motion matters;
(D) Prospects for settlement;
(E) A proposed date for the pretrial conference and/or the trial;
(F) Whether counsel have met and conferred in compliance with LBR 7026-1, and if so, the date of the conference;
(G) Any other issues affecting the status or management of the case; and
(H) Whether the parties are interested in alternative dispute resolution.
(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.
(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 to complete discovery;
(C) Deadline to file any pretrial motions and/or a joint pretrial order;
(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).
(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 submitted to the
court in accordance with LBR 9021-1(b)(2) and LBR 9071-1.
(b) Joint Pretrial Order.
(1) When Required.
(A) In any adversary proceeding or contested matter, unless otherwise ordered
by the court, attorneys for the parties must prepare and lodge, in accordance
with LBR 9021-1(b), a written joint pretrial order approved by counsel for
all parties.
(B) Unless otherwise ordered by the court, the joint pretrial order must be
lodged and served not less than 14 days before the date set for the trial or
pretrial conference, if one is ordered.
(C) The preparation and filing of the pretrial order is the responsibility of the parties’ counsel (or parties, if not represented by counsel). All parties must meet and confer at least 28 days before the date set for trial or pretrial conference, if one is ordered, for the purpose of preparing the pretrial order.
(2) Contents of Pretrial Order. Unless the court orders otherwise, a joint pretrial order must include the following statements in the following order:
(A) “The following facts are admitted and require no proof:” (Set forth a
concise statement of each.)
(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 proposed joint pretrial order 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.”
(c) Plaintiff’s Duty.
(1) It is plaintiff’s duty to prepare and sign a proposed joint pretrial order 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 joint
pretrial order in such manner so that it will actually be received by the office of
counsel for all other parties not later than 4:00 p.m. on the 7th day prior to the last
day for lodging the proposed pretrial order.
(d) Duty of Parties Other Than Plaintiff. Each other party must, within 3 days following receipt of plaintiff’s proposed order, take the following action:
(1) Agreement With Form of Proposed Order. If plaintiff’s proposed order is
satisfactory, attach that party’s list of exhibits and witnesses to the order, indicate
approval of the proposed order by signature, file it with the clerk 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 order so filed; or
(2) Disagreement With Form of Proposed Order. If plaintiff’s proposed order is
unsatisfactory:
(A) Immediately meet with or telephone plaintiff in a good faith effort to achieve a joint proposed order; and
(B) If such effort is unsuccessful, prepare a separate proposed order and file it,
together with plaintiff’s order and a declaration of that party setting forth the efforts made to comply with subsection (d)(2)(A) of this rule. The separate proposed order and declaration must be filed and served in such a manner that they will actually be received by the clerk and the plaintiff all within the time set forth in subsection (b)(1) of this rule.
(e) Non-receipt of Proposed Joint Pretrial Order.
(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 and serve a unilateral
pretrial order at least 14 days before the trial or pretrial conference, if one is
ordered. At the same time, plaintiff must file and serve a declaration asserting the
failure of the other parties to respond.
(2) Other Parties. Any party other than plaintiff who has not received plaintiff’s
proposed pretrial order 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 order 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 order is not filed within the times set forth in subsections (a) 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) An award of monetary sanctions including attorneys’ fees against the party at fault,
payable to the party not at fault; and/or
(3) An award of non-monetary sanctions against the party at fault. Monetary sanctions will be assessed against the party at fault and/or counsel, in the court’s
discretion. Non-monetary sanctions may include the entry of a 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.
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