I. Initial Status: Defendant Has Not Yet Been Served or Defendant's Counsel has Not Yet Appeared
This portion of the court's instructions applies if: (1) the defendant has not been served as of the date of an initial status hearing; or (2) if defendant's counsel has filed an appearance within twenty-eight days prior to the initial status hearing date set by the court. If either of these conditions are met, counsel for the plaintiff shall file an initial status report containing the information required by section II(A)(1) through (5) at least seven days prior to the first status hearing.
II. Status: Defendant Has Answered or Otherwise Pleaded
Within fourteen days after an answer or any responsive pleading has been filed, the parties must hold a discovery conference pursuant to Fed. R. Civ. P. 26(f). Within fourteen days thereafter, the parties must file a joint status report which contains the information listed below.
A. Nature of the Case
(1) Bases for jurisdiction, nature of the claims and counterclaims.
(2) Relief sought by plaintiff(s), including computation of claimed damages, if available.
(3) Names of any parties that have not been served.
(4) Major legal issues.
(5) Major factual issues.
(6) Citations to key authorities which will assist the Court in understanding and ruling on the issues.
B. Preparation of Draft Scheduling Order
Outline of the scheduling order required by Fed. R. Civ. P. 16(b).
C. Trial Status
(1) Whether or not a jury has been requested.
(2) Probable length of the trial.
D. Consent to Proceed Before a Magistrate Judge
Whether or not the parties will consent to proceed before a Magistrate Judge for all proceedings including trial.
E. Settlement Status
(1) Whether or not settlement discussions have been held and the status of those discussions, if any.
(2) Whether or not parties wish a settlement conference with Judge Manning or a magistrate judge.
III. Principal Counsel Must Appear for Initial Status
The principal trial attorney of record for each party must appear for any initial status conference held pursuant to sections I and II to respond to any questions about the case.