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The court may, in its discretion and at any time, set any appropriate civil case for settlement conference, summary jury trial, or other alternative method of dispute resolution.
LR 26-1. DISCOVERY PLANS AND MANDATORY DISCLOSURES.
(a) [Repealed December 1, 2000. See Fed. R. Civ. P.26(a).]
(b) [Repealed December 1, 2000. See Fed. R. Civ. P.26(g)(1).]
(c) [Repealed December 1, 2000. See Fed. R. Civ. P.26(e).]
(d) Fed. R. Civ. P. (26(f) Meeting; Filing and Contents of Discovery Plan and Scheduling Order. The parties shall meet and/or confer as required by Fed. R. Civ. P.2 6(f) within thirty (30) days after the first defendant answers or otherwise appears. Fourteen (14) days after the mandatory Fed. R. Civ. P. 26(f) conference, the parties shall submit a stipulated discovery plan and scheduling order. The plan shall be in such form so as to permit the plan, on court approval thereof, to become the scheduling order required by Fed. R. Civ. P. 16(b). If the plan sets deadlines within those specified in LR 26-l(e), the plan shall state on its face in bold type, “SUBMITTED IN COMPLIANCE WITH LR 26-l(e).” If longer deadlines are sought, the plan shall state on its face “SPECIAL SCHEDULING REVIEW REQUESTED.” Plans requesting special scheduling review shall include, in addition to the information required by Fed. R. Civ. P. 26(f) and LR 26-l(e), a statement of the reasons why longer or different time periods should apply to the case or, in cases in which the parties disagree as to the form or contents of the discovery plan, a statement of each party’s position on each point in dispute.
(e) Form of Stipulated Discovery Plan and Scheduling Order, Applicable Deadlines. The discovery plan shall include, in addition to the information required by Fed. R. Civ. P. 26(f), the following information:
(1) Discovery Cut-Off Date. The plan shall state the date the first defendant answered or otherwise appeared, the number of days required for discovery measured from the date the first defendant answers or otherwise appears, and shall give the calendar date on which discovery will close. Unless otherwise ordered, discovery periods longer than one hundred eighty (180) days from the date the first defendant answers or appears will require special scheduling review;
(2) Amending the Pleadings and Adding Parties. Unless the discovery plan otherwise provides and the court so orders, the date for filing motions to amend the pleadings or to add parties shall be not later than ninety (90) days prior to the close of discovery. The plan should state the calendar dates on which these amendments will fall due;
(3) Fed. R. Civ. P. 26(a)(2) Disclosures (Experts). Unless the discovery plan otherwise provides and the court so orders, the time deadlines specified in Fed. R. Civ. P. 26(a)(2)(C) for disclosures concerning experts are modified to require that the disclosures be made sixty (60) days before the discovery cut-off date and that disclosures respecting rebuttal experts be made thirty (30) days after the initial disclosure of experts. The plan should state the calendar dates on which these exchanges will fall due;
(4) Dispositive Motions. Unless the discovery plan otherwise provides and the court so orders, the date for filing dispositive motions shall not be later than thirty (30) days after the discovery cut-off date. The plan should state the calendar dates on which these dispositive motions will fall due;
(5) Pretrial Order. Unless the discovery plan otherwise provides and the court so orders, the joint pretrial order shall be filed not later than thirty (30) days after the date set for filing dispositive motions. In the event dispositive motions are filed, the date for filing the joint pretrial order shall be suspended until thirty (30) days after decision of the dispositive motions or further order of the court;
(6) Fed. R. Civ. P. 26(a)(3) Disclosures. Unless the discovery plan otherwise provides and the court so orders, the disclosures required by Fed. R. Civ. P. 26(a)(3) and any objections thereto shall be included in the pretrial order; and
(7) Form of Order. All discovery plans shall include on the last page thereof the words “IT IS SO ORDERED” with a date and signature block for the judge in the manner set forth in LR 6-2.
LR 26-2. TIME FOR COMPLETION OF DISCOVERY WHEN NO SCHEDULING ORDER IS ENTERED.
Unless otherwise ordered, in cases where no discovery plan is required discovery shall be completed within one hundred eighty (180) days from the time the first defendant answers or otherwise appears.
LR 26-3. INTERIM STATUS REPORTS.
Not later than sixty (60) days before the discovery cut-off the parties shall submit an interim status report stating the time they estimate will be required for trial, giving three (3) alternative available trial dates, and stating whether, in the opinion of counsel who will try the case, trial will be eliminated or its length affected by substantive motions. This status report shall be signed by counsel for each party or the party, if appearing in pro se.
LR 26-4. EXTENSION OF SCHEDULED DEADLINES.
Applications to extend any date set by the discovery plan, scheduling order, or other order must, in addition to satisfying the requirements of LR 6-1, be supported by a showing of good cause for the extension. All motions or stipulations to extend discovery shall be received by the court within twenty (20) days before the discovery cut-off date or any extension thereof. Any motion or stipulation to extend or to reopen discovery shall include:
(a) A statement specifying the discovery completed;
(b) A specific description of the discovery that remains to be completed;
(c) The reasons why discovery remaining was not completed within the time limits set by the discovery plan; and
(d) A proposed schedule for completing all remaining discovery.
LR 26-5. RESPONSES TO WRITTEN DISCOVERY.
All responses to written discovery shall, immediately preceding the response, identify the number or other designation and set forth in full the text of the discovery sought.
LR 26-6. DEMAND FOR PRIOR DISCOVERY.
A party who enters a case after discovery has begun is entitled, on written request, to inspect and copy, at the requesting party’s expense, all discovery provided or taken by every other party in the case. The request shall be directed to the party who provided the discovery or, if the discovery was obtained from a person not a party to the case, to the party who took such discovery.
LR 26-7. DISCOVERY MOTIONS.
(a) All motions to compel discovery or for protective order shall set forth in full the text of the discovery originally sought and the response thereto, if any.
(b) Discovery motions will not be considered unless a statement of moving counsel is attached thereto certifying that, after personal consultation and sincere effort to do so, counsel have been unable to resolve the matter without court action.
(c) Unless otherwise ordered, all emergency discovery disputes are referred to the magistrate judge assigned to the case. Any attorney or party appearing in pro se may apply for relief by written motion or, where time does not permit, by a telephone call to the magistrate judge or district judge assigned to the case. Written requests for judicial assistance in resolving an emergency discovery dispute shall be entitled “Emergency Motion” and be accompanied by an affidavit setting forth:
(1) The nature of the emergency;
(2) The office addresses and telephone numbers of moving and opposing counsel; and
(3) A statement of when and how opposing counsel was notified of the motion or, if opposing counsel was not notified, why it was not practicable to do so.
(d) It shall be within the sole discretion of the court to determine whether any such matter is, in fact, an emergency.
LR 26-8. FILING OF DISCOVERY PAPERS.
Unless otherwise ordered by the court, written discovery, including responses thereto, and deposition transcripts, shall not be filed with the court. Originals of responses to written discovery requests shall be served on the party who served the discovery request and that party shall make such originals available at the pretrial hearing, at trial, or on order of the court. Likewise, the deposing party shall make the original transcript of a deposition available at any pretrial hearing, at trial, or on order of the court.
LR 26-9. EXEMPTIONS.
[Repealed effective December 1, 2000. See Fed. R. Civ. P. 26(a)(1)(E).]
LR 30-1. DEPOSITIONS UPON ORAL EXAMINATION.
[Repealed effective December 1, 2000. See Fed. R. Civ. P. 30.]
LR 30-2. REQUIREMENTS FOR TRANSCRIPTS.
Unless the court orders otherwise, depositions shall be recorded by stenographic means.
LR 31-1. DEPOSITIONS UPON WRITTEN QUESTIONS.
[Repealed effective December 1, 2000. See Fed. R. Civ. P. 31.]
LR 32-1. USE OF DEPOSITIONS IN COURT PROCEEDINGS.
Unless the court orders otherwise, deposition testimony shall be offered by stenographic means.
LR 33-1. INTERROGATORIES.
[Repealed effective December 1, 2000. See Fed. R. Civ. P. 33.]
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