Attorney Planning Meeting Report, Scheduling Order,
Initial Pretrial Scheduling Conference and Amendments to Scheduling Order
In most civil cases, the court will enter an Order to Propose Schedule which will contain specific instructions and deadlines for filing the Attorney Planning Meeting Report. Absent the entry of an Order to Propose Schedule, however, counsel should conduct an Attorney Planning Meeting under Fed. R. Civ. P. 26(f) as soon as practicable. 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 emailed to the presiding judge in a case, or if an Order Referring Case has been entered, to the referred magistrate judge.
The standard forms on the court's website should be used. Consult the website to obtain the most recent forms.
Attorney Planning Meeting Report Form
Also download and submit Proposed Scheduling Order (below)
Proposed Scheduling Order
The Court will consider the Scheduling Order based on the filed Attorney Planning Meeting Report. Please use the Attorney Planning Meeting event in
CM/ECF to docket the Attorney Planning Meeting Report form.
In CM/ECF, this document should be E-Filed as Other Documents - Attorney Planning Meeting
If the parties are unable to stipulate to a schedule, the parties will file a Motion for Initial Scheduling Conference. The assigned district or referred magistrate judge may hold a hearing. If a hearing is held, counsel should bring a copy of the Attorney Planning Meeting Report to the Hearing.
Amendments to Schedule: To request a change in an existing Scheduling Order, a Motion (or Stipulated Motion) to Amend Scheduling Order should be filed. Please consider whether the change will necessarily require a new trial date. Generally, at least five months must be allowed between the dispositive motion deadline and the trial date to allow the motions to be briefed, set, argued and decided before trial preparation begins. A motion that does not leave this amount of time will likely not be granted.
The Motion to Amend Scheduling Order should include the existing dates and the proposed dates. When a motion if filed, the filing party must also simultaneously email a new Proposed Scheduling Order to the presiding judge, or if an Order of Referring Case has been entered, to the referred magistrate judge. Even if the parties stipulated to the amendment, the motion must reflect good cause and/or excusable neglect for the extension 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 complaint, 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.
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.