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Standing Order on Initial Status Conferences and Reports

In all cases assigned by consent or referral to Judge Jantz (except Social Security cases), the court will issue a minute order instructing the parties on next steps, which may include submitting a joint initial status report and/or appearing for an initial status conference.

Cases Assigned Solely for Settlement Purposes

A joint initial status report is not required in cases that are referred solely for a settlement conference, unless otherwise specifically ordered by the court. For cases referred solely for a settlement conference, see Judge Jantz’s Standing Order for Settlement Conference Procedures.

 

A settlement conference date, and dates for the exchange of pre-settlement conference letters, usually will be set at the initial status hearing or conference call in those cases, so attorneys should plan to attend that hearing or call with their relevant clients’ schedules.

 

Cases Referred for Discovery

A joint initial status report typically is not required in cases that are referred for discovery management, unless otherwise specifically ordered by the court. In such cases, the court will either schedule a status conference or order the parties to submit a written status report at a later date, as appropriate to the needs and circumstances of each case.

For cases where no discovery schedule has been set prior to referral to Judge Jantz, the parties will be required to meet and confer (by phone, video, or in person; emails will not suffice) and submit to the court a proposed discovery plan. That plan should include all of the following:

  1. The type/extent of discovery needed to engage in meaningful settlement negotiations, either now or at a later point
  2. Due date for issuance of Rule 26(a)(1) disclosures
  3. Due date for issuance of written discovery requests
  4. Fact discovery completion date
  5. Expert discovery completion date, including dates for serving expert reports

If the case also has been referred for settlement purposes, the parties should include in their discovery plan a statement on the status of settlement talks, including whether any settlement discussions have occurred, the status of the discussions, and whether the parties believe a settlement conference would be productive.

 

Consent Cases

In cases where the parties have mutually agreed to consent to the jurisdiction of the magistrate judge, the court typically will require the parties to file a joint initial status report (of not more than 5 pages) at least 3 business days before the initial status hearing.

 

Joint Initial Status Reports

Unless otherwise ordered, the parties’ joint initial status report should include the following:

  1. The Nature of the Case
    1. The basis for federal jurisdiction.
    2. Whether all necessary parties have been named and served.
    3. The general nature of the claims asserted in the complaint and anycounterclaims, and the major contested legal and factual issues.
    4. The relief sought by plaintiff.
    5. Whether a jury trial is requested, and the probable length of trial.

       

  2. Pending Motions and Case Plan
    1. Identify the nature of any pending or anticipated motions
    2. Submit a proposed discovery plan, including:
      1. The type/extent of discovery needed to engage in meaningful settlement negotiations, either now or at a later point
      2. Due date for issuance of Rule 26(a)(1) disclosures
      3. Due date for issuance of written discovery requests
      4. Fact discovery completion date;
      5. Expert discovery completion date, including dates for serving expert reports; and
      6. Date for filing dispositive motions (see also Judge Jantz’ standing order on Summary Judgment Practice).
    3. Discuss the anticipated scope, if any, of electronically stored information (ESI) in the case and the potential methodologies for identifying ESI for production.

       

  3. Settlement Discussions
    1. Describe whether any settlement discussions have occurred and the status of the discussions.
    2. Indicate whether the parties believe a settlement conference would be productive.

 

 

Initial Status Conferences

Consistent with the scope of the consent or referral, the court may set discovery schedules, briefing schedules, and other deadlines and timetables at the initial status conference. Accordingly, the lead trial counsel for each party, or an attorney with substantial familiarity with and responsibility for the case, shall appear at the initial status conference and be prepared to discuss all aspects of the case, including:

  • The nature of the case
  • Any pending motions in the case
  • Any existing deadlines, including discovery deadlines
  • Any proposals for deadlines that have not yet been set, such as for discovery, dispositive motions, etc.
  • The nature and anticipated scope of discovery needed, including ESI discovery
  • Whether any settlement discussions have occurred and the status of those discussions
  • Whether the parties believe a settlement conference would be productive



Note: The court does not control nor can it guarantee the accuracy, relevance, timeliness, or completeness of this information. Neither is it intended to endorse any view expressed nor reflect its importance by inclusion in this site.
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