(a) Multidistrict Litigation.  When it is brought to the attention of the Executive Committee that proceedings similar to those in a case pending in this District are pending in one or more other districts and that coordinated or consolidated pretrial discovery proceedings should be conducted, the Committee will notify each judge upon whose calendars such cases appear of the proceedings in the other district or districts.  Each such judge will transfer the case or cases to the calendar of the Executive Committee.  The Committee will reassign the cases to a judge designated by the Committee for the purpose of hearing and determining any and all motions in connection with such multi-district litigation.  The judge to whom the cases are so assigned shall have the power to transfer them for the purpose of discovery to another district, either in this or in another circuit, when it is deemed necessary to promote multi-district discovery, provided that in those instances where the transfer of cases to other districts is being considered by the Panel for Multi-District Litigation, the case shall not be transferred until such time as the Panel has made its determination.

Cases reassigned under this procedure that require trial following the completion of the consolidated discovery shall be transferred to the Executive Committee for reassignment to the judge from whose calendar they were initially transferred.  If that judge is no longer sitting, the cases shall be reassigned by lot.

(b) Fugitive Calendar.  The Executive Committee shall maintain a calendar called the Fugitive Calendar.  Defendants in criminal cases shall be assigned to that calendar in accordance with the procedures set out in this section.  Where appropriate, the term “judge” used in this section shall mean both district judge and magistrate judge.

(1) Reassignment of cases to the Fugitive Calendar. Whenever a defendant in a criminal case is fugitive for more than 30 consecutive days or whenever short of said 30 days the judge determines that a defendant is fugitive, the judge to whom the case is assigned shall transfer the defendant to the Fugitive Calendar.  Such transfer shall be made even in those instances where other defendants in the case are not fugitive and the case is proceeding as to them, provided that where the judge determines that the presence of the fugitive defendant in such multiple defendant case is required for the trial of the non-fugitive defendants, and an order is entered to that effect, the fugitive defendant shall remain on the calendar of the judge.

(2) Procedures for removing cases from the Fugitive Calendar.  Where a defendant on the Fugitive Calendar is arrested or appears and the judge to whom the case was assigned is still sitting and hearing criminal cases, the clerk shall promptly transfer the defendant from the Fugitive Calendar to the calendar of that judge.  If the judge is either no longer sitting or is no longer receiving assignment of criminal cases, the following procedures shall be followed:

(A) Where the defendant is to be brought before a judge immediately following arrest or appearance, the United States Attorney shall have the defendant brought before the emergency judge who shall order the clerk to notify the Executive Committee of the need to have the defendant reassigned from the Fugitive Calendar.

(B) On being informed of the arrest or appearance of the defendant either as provided in (2)(A) or through other notification, the clerk shall promptly notify the Executive Committee of the need for an order directing the reassignment of the defendant.

(3) Deferred Prosecution and the Fugitive Calendar.  Whenever subsequent to the filling of an indictment or information the judge approves a deferred prosecution for one or more of the defendant in the case and the case is not to be dismissed until the completion of the period covered by the deferred prosecution, the judge shall transfer the case to the Executive Committee for reassignment to the Fugitive Calendar.  Following successful completion of the conditions of deferred prosecution or where the United States Attorney indicates that the conditions have not been met and prosecution should be continued, the judge from whose calendar the case was reassigned shall notify the clerk of the need for an order of the Executive Committee reassigning the case from the Fugitive Calendar to the calendar of that judge.

(4) Calendar call of the Fugitive Calendar.  The Executive Committee may assign one or more judges for the purpose of making a periodic call of the cases on the Fugitive Calendar.  The judge or judges assigned shall from time to time consult with the United States Attorney and the Attorney General to ascertain whether dismissals of particular criminal actions shall be deemed available.

(c)  Reassignments and Assignments of Cases to the Chief Judge and Senior Judges.  From time to time the Executive Committee may assign cases to the chief judge or to any senior judge.  Such assignments may be performed in any of the following ways:

(1)  The Executive Committee may direct the clerk to assign cases to the chief judge or to a senior judge in the same manner as cases are assigned to a regular active judge but limit the number of categories so assigned.

(2) The Executive Committee may direct the clerk to include the name of the chief judge or senior judge in the assignment process of one or more assignment categories.  In any order directing the assignment of new filings to the chief judge or a senior judge, the Executive Committee shall fix the frequency with which the name of the chief judge or senior judge shall appear in the process for the assignment category specified.  The order shall also direct the clerk to assign cases in the assignment categories specified whenever that judge’s name appears.

(3)  The Executive Committee may, with the consent of the judge to whom such case or cases is assigned, direct that one or more cases be reassigned to the chief judge or to any senior judge.

(4)  Where a case is reassigned from a senior judge pursuant to 28 U.S.C. §294(b), the case shall be reassigned by lot to a regular active district judge.

(d) Reassignment by Agreement.  Where two or more judges agree that the reassignment of one or more cases to one of them will enable the case or cases to be more efficiently administered and will serve to save judicial time, the cases involved may be transferred to the Executive Committee with a request for such reassignment.  The request shall indicate briefly the reasons for such reassignment and specify whether or not the judge receiving the case is to return any case or cases to the Committee for reassignment to the transferring judge.  If the Committee finds that the reassignment will enable a more efficient administration of the cases, it may then order the reassignment.

(e)  Coordinated Pretrials in Complex Cases Not Involving Multi-District Litigation.  The Executive Committee may determine that it would be in the best interests of efficient judicial administration to hold a coordinated pretrial proceeding in a group of cases which either (1) are not related within the meaning or LR40.4(a) or (2) are related within the meaning of LR40.4(a) but reassignment is not appropriate under LR40.4(b).  Where such a determination is made, the Committee will designate a judge to hold such a proceeding.  The cases shall remain on the calendars of the judges to whom they were assigned at the start of the coordinated proceeding and only matters specified in the order of coordination shall be brought before the designated judge.  All judges affected by such a coordinated pretrial proceeding shall be notified by the clerk.

(f)  Recusals. (Amended July 7, 2000)

(1) General Procedures.  Except as otherwise provided in this section, whenever a case is transferred to the Executive Committee for reassignment following a recusal, the Committee shall direct the clerk to reassign the case by lot to a judge other than the judge who entered the recusal.  A judge receiving a case on reassignment following a recusal shall promptly determine whether or not to enter a recusal.  Where a recusal is entered, the judge shall promptly transfer the case back to the Committee which shall thereupon direct the clerk to reassign the case by lot to a judge other than those previously entering recusals. Where a recusal is not entered, the judge may transfer to the Committee for reassignment to the judge entering the initial recusal a case requiring a like amount of judicial effort for disposition.  The Committee will reassign that case subject to verification that it will require like judicial effort.

(2)  Recusals with Equalization.  Where the reason for the recusal is included in one of the categories specified in this subsection, the judge entering the recusal may request that in lieu of receiving a like case from the receiving judge, the recusal be made part of the calendar equalization set out in IOP11(b).  The  categories of recusals for which this procedure may be used are as follows:

(A)  cases in which a recusal is entered because a relative of the judge  works for a law firm, or the U.S. Attorney’s Office, which represents or is one of the parties to the case; and

(B) cases in which one of the parties is or was represented by a law firm with which the judge was associated within the previous five years.

(C) cases in which the judge determines that a recusal is required because one of the parties was previously represented by the judge.

(g)  Calendar of Short Civil Trials.  The calendar of short civil trials is a program intended to provide a list of cases that are ready for trial and where the trial is expected to take no more than five days.  Cases on the list can be handled by visiting judges or by judges of the Court who as a result of unanticipated settlements find that they have available time to try a case.

(1)  The following definitions shall apply to section (g):

(A) Judge:  Any district judge of this Court on whose calendar there are civil cases pending.

(B) Listing form:  A form approved by the Executive Committee to be used by the assigned judge to effect the addition or removal of a case to or from the short civil trial calendar.

(C) Ready for trial:  A short civil trial case is ready for trial if (i) the final pretrial order has been entered and (ii) there are no unresolved pending motions other than motions in limine reserved for ruling at trial.

(D) Requesting judge:  A judge who requests a case from the short civil trial calendar or to whom such a case has been transferred but not reassigned.

(E) Short civil trial case:  A short civil trial case is a civil case that is ready for trial and it is estimated by the assigned judge at the time of  entering the pretrial order that the trial will last no more than five days, including jury selection.

(F) Short civil trial calendar:  All cases in which a listing form has been received by the clerk that are still pending and available for reassignment to a requesting judge.

(G) Short civil trial calendar judge:  The chief judge, or a judge designated by the chief judge, will be the short civil trial calendar judge. The short civil trial calendar judge will be responsible for coordinating the trial of cases on the short civil trial calendar.

(2)  Any judge may place a short civil trial case on the short civil trial calendar by sending a completed listing form to the clerk.  In order to assist the court in determining whether or not placing a case on the short civil trial calendar might be inappropriate, counsel will include in the final pretrial order form information concerning the anticipated circumstances of the trial that might impact scheduling.

(3)  On receiving the listing form, the clerk shall forthwith docket the form and notify counsel and parties of the docketing in the manner provided by Fed.R.Civ.P 77(d) for notice of orders or judgments.  The clerk will include with the notice a reminder to parties of their right to consent to a reassignment of the case to the designated magistrate judge pursuant to 28 U.S.C. §636(c) and LR73.1(b).

(4)  Any judge, including any senior district judge or visiting judge designated to hold court in this District, who is available to try a short civil case may request such a trial from the short civil trial calendar judge.  The short civil trial calendar judge will forward the earliest filed case on the short civil trial calendar that fits the available trial time of the requesting judge.  Any case so selected will be transferred to the requesting judge for pretrial review.  Such transfer will serve as   authority for the requesting judge to act in the case as if the case had been reassigned, although the case will remain on the docket of the assigned judge.  The case will be reassigned to the requesting judge for all purposes if it is settled by that judge, or if that judge starts a trial in the case.

(5)  If the requesting judge determines that a transferred case is not ready for trial, that judge will so inform the short civil trial calendar judge.  The short civil trial calendar judge will so notify the assigned judge and may thereupon remove the case from the short civil trial calendar.

(6)  Nothing in this rule shall preclude the assigned judge from settling or trying a case the judge has listed on the short civil trial calendar.  If the assigned judge is able to resolve the case, the judge will forward a completed listing form to the clerk.  The clerk will notify the short civil trial calendar judge that the case is to be removed from the short civil trial calendar.

(7)  Motions brought in cases listed on the short civil trial calendar prior to its transfer to a requesting judge shall be heard by the assigned judge.  Motions brought after the transfer but before the reassignment of the case to the requesting judge will be brought before the requesting judge.  The requesting judge may thereupon send the motions to the assigned judge.

(8)  When a case is disposed of following a trial conducted by a requesting judge who routinely participates in the assignment of civil cases filed in the Eastern Division, then that judge shall receive equalization in the form of one skip in the assignment deck of the same category as that of the case closed.

(h)  Transfer of Motions by Agreement.  A judge may with the agreement of the receiving judge transfer one or more pending motions to be ruled upon by the receiving judge without transferring the case.  The transferring judge shall notify the Executive Committee of any transfer made under this rule.  Such notice will be on a form approved by the Committee.

Notice of any transfer under this rule shall be sent to the parties.  The notice shall indicate the name of the receiving judge.  Any motion challenging the transfer on grounds other than the recusal of the receiving judge will not be entertained.  Any such motion shall be filed with the receiving judge.  Any motion for rehearing of a ruling by the receiving judge shall be presented to the receiving judge.

(i)  Reassignment of Criminal Cases with Multiple Defendants.  Except as provided by the Executive Committee’s order reassigning a criminal case with multiple defendants, the reassignment order shall include all defendants.

(j)  Other Reassignments and Transfers.  If a case is reassigned from a judge who is temporarily not receiving cases pursuant to an order of the Executive Committee, the judge to whom the case is reassigned shall receive equalization in the form of one skip in the assignment deck of the category in which the case was initially assigned.  If a case is transferred to the Executive Committee for any reason not otherwise provided for in local rules or the internal operating procedures and the Committee agrees that the case should be reassigned, it shall cause the case to be reassigned by lot.  If the name of the transferring judge is drawn, another drawing shall be made.  The judge who receives the case may transfer to the Committee a case or cases requiring a like amount of judicial effort to dispose of it or them, with the recommendation that it or they be reassigned to the calendar of the transferring judge.

(k)  Order of Reassignment.  Where one or more cases are to be reassigned pursuant to LR40.4, LR40.5, or sections (a), (b), (c), (d), (f), or (i) of this IOP, the assigned judge shall complete the appropriate reassignment transfer form.  If the assigned judge is no longer sitting, the clerk shall complete the form.  The transfer form will be given to the clerk who shall promptly transmit it to the chief judge.  The chief judge may on receipt of the form enter an order on behalf of the Executive Committee to review the requested reassignment at the next meeting.  A case will be deemed reassigned following the docketing of the order of the Executive Committee directing its reassignment.

Amended March 3, 2011; February 27, 2014; May 23, 2014; December 23, 2014