§ Rule 16.3 Initial Case Management Conference in Cases Assigned to the Complex Civil Litigation Program
Rule 16.3. Initial Case Management Conference in Cases Assigned to the Complex Civil Litigation Program
This experimental rule has been extended by Administrative Order No. 2009-30 to December 31, 2010.
(a) Subjects for Consideration. Once a case is determined to be a complex civil case, an initial case management conference with all parties represented shall be conducted at the earliest practical date, and a Case Management Order issued by the court promptly thereafter. Among the subjects that should be considered at such a conference are:
(1) Status of parties and pleadings
(2) Determining whether severance, consolidation, or coordination with other actions is desirable
(3) Scheduling motions to dismiss or other preliminary motions
(4) Scheduling class certification motions, if applicable
(5) Scheduling discovery proceedings, setting limits on discovery and determining whether to appoint a discovery master
(6) Issuing protective orders
(7) Any requirements or limitations for the disclosure or discovery of electronically stored information, including the form or forms in which the electronically stored information should be produced;
(8) Any measures the parties must take to preserve discoverable documents or electronically stored information;
(9) Any agreements reached by the parties for asserting claims of privilege or of protection as to trial-preparation materials after production;
(10) Appointing liaison counsel and admission of non-resident counsel
(11) Scheduling settlement conferences
(12) Notwithstanding Rule 26.1, the establishment and timing of disclosure requirements
(13) Scheduling expert disclosures and whether sequencing of expert disclosures is warranted
(14) Scheduling dispositive motions
(15) Adopting a uniform numbering system for documents and establishing a document depository
(16) Determining whether electronic service of discovery materials and pleadings is warranted
(17) Organizing a master list of contact information for counsel
(18) Determining whether expedited trial proceedings are desired or appropriate
(19) Scheduling further conferences as necessary
(20) Use of technology, videoconferencing and/or teleconferencing
(21) Determination of whether the issues can be resolved by summary judgment, summary trial, trial to the court, jury trial, or some combination thereof
(22) Such other matters as the court or the parties deem appropriate to manage or expedite the case
(b) Meeting of Parties Before Conference. Before the date set by the court for the initial case management conference, all parties who have appeared in the action, or their attorneys, shall meet and confer concerning the matters to be raised at the conference, shall attempt in good faith to reach agreement on as many case management issues as possible, and shall submit a joint report to the court no later than seven (7) days before the initial case management conference. A party who fails to participate in good faith shall be subject to sanctions.
(c) Purpose of Conference. The purpose of the initial case management conference is to identify the essential issues in the litigation and to avoid unnecessary, burdensome or duplicative discovery and other pretrial procedures in the course of preparing for trial of those issues.
(d) Establishing Time Limits. Time limits should be regularly used to expedite major phases of complex civil cases. Time limits should be established early, tailored to the circumstances of each case, firmly and fairly maintained, and accompanied by other methods of sound judicial management. The date of the final pre-trial conference shall be set by the court as early as possible with a trial date to follow within 60 days of the final pre-trial conference.
(e) Commencement of Discovery. Absent an order of the court, or by stipulation of the parties filed with the court, no party may initiate discovery or disclosure in a complex civil case until the court has issued a Case Management Order following the initial case management conference.