Initial Status Report for Newly Filed Cases:
The Court will set all newly filed cases for status approximately 60 days or less after the filing of the complaint. At the initial status conference, parties should be prepared to discuss: 1) the nature of the case; 2) factual and legal issues; 3) settlement potential and discussions to date; 4) discovery taken to date and intended; and 5) potential motions to be filed. At least three days prior to the status conference, the parties are directed to file a joint written status report of not more than five pages. The purpose of the initial status report is to inform the court of the main issues in the case in order to have a productive discussion at the initial status conference regarding deadlines to be set for the parties.
The parties should be prepared to discuss facts and the law at their Initial Status including potential costs of litigation, an estimate of damages, and details about the allegations and the defenses. This discussion goes beyond the basic information contained in the Initial Status Report. For employment cases, the parties should be prepared to address any relevant salary or wage information so the Court can assess proportionality for discovery purposes.
At the Initial Status Judge Kendall will provide a date to the parties at a mid-point by which they must seek a referral to the Magistrate Judge in order for the parties to efficiently schedule a conference with the Magistrate Judge at the end of their discovery period.
The lead attorney who will be trying the case must appear at the initial status conference and if he or she is unable to do so then the initial status conference should be rescheduled. Telephonic appearances are generally inappropriate for an initial status conference absent extraordinary circumstances.