Attorney Planning Meeting and Report, Scheduling Order,
Initial Pretrial Scheduling Conference and Amendment to Schedule
As soon as practicable, counsel in a civil case should conduct an Attorney Planning Meeting under Fed. R. Civ. P. 26(f). The Attorney Planning Meeting Report form should be completed and filed with the court promptly thereafter (and no later than 42 days after any defendant has been served or 28 days after any defendant has appeared, whichever is earlier). A draft Proposed Scheduling Order in word processing format should be simultaneously submitted via e-mail as described later with the exception of Judge Jenkins and Judge Sam. (Judge Jenkins and Judge Sam handle their own civil scheduling.)
The standard forms on the court's web site should be used. Consult the web site to obtain the most recent forms.
Attorney Planning Meeting Form
Also download and submit Proposed Scheduling Order (below)
Proposed Scheduling Order
Please use the Attorney Planning Meeting event in CM/ECF to docket the Attorney Planning Meeting Report form.
The draft Proposed Scheduling Order should be e-mailed to email@example.com, unless the case is assigned to Judge Jenkins or Judge Sam, in which case the Proposed Order, with contents suitable to the case after the scheduling conference is held, should be emailed directly to Judge Jenkins or Judge Sam. In cases assigned to the remaining district judges, please use firstname.lastname@example.org and do not use the email addresses used for other proposed orders. (See Chambers email listing for those other email addresses.)
The Attorney Planning Meeting may be filed and the proposed Scheduling Order may be submitted as ordered in the Order to Propose Schedule. If the Attorney Planning Meeting report is complete and a proposed Scheduling Order is submitted, the court may enter the Scheduling Order. If the case is assigned to an active district judge, the Scheduling Order will be entered by a magistrate judge. Magistrate judge scheduling duties are independent of any referral in the case. See DUCivR 72-2(a)(5). If the parties cannot agree, either or both must file the Attorney Planning Meeting Report and a motion to set scheduling.
Amendments to Schedule: If a motion or stipulation is filed to request a change of scheduled dates, please consider whether the change will necessarily require a new trial date. Generally, five months must be allowed between the dispositive motion deadline and the trial date to allow the motions to be filed, briefed, set, argued and decided before trial preparation starts. A motion or stipulation that does not leave this amount of time will likely not be granted.
The motion to amend should include the existing dates and the proposed dates. The party filing a motion, stipulated or not, to amend schedule should simultaneously email a new Proposed Scheduling Order directly to the judge the case is assigned to. If a case has both a Magistrate Judge and a District Court Judge, the party should send the new Proposed Scheduling order to the Magistrate Judge. (See Administrative Procedures II. G. 6. for those email addresses.) Even if the parties stipulated to the amendment, the motion must reflect good cause and/or excusable neglect for the extention pursuant to Fed. R. Civ. P. 6(b)(1). If the amendment would set the trial more than three years after the date the plaintiff filed the case, the judge may hold a hearing and require participation of party representatives at that hearing to help determine whether good cause and/or excusable neglect exist to extend the schedule and therefore the case.
Submitting a combined "motion and order" to amend a scheduling order is improper. DUCivR 10-1(a) provides:
Proposed orders submitted to the court must comply with DUCivR 54-1. Such orders must be prepared and submitted as separate documents, not attached to or included in motions or pleadings.