The Court will set most newly-filed cases for a Rule 16(b) preliminary pretrial conference which is held before the Magistrate Judge approximately 60 days after the filing of the complaint. Counsel should consult FRCP 16 and INND Local Rule 16.1 for a complete list of those cases that re exempted from the scheduling of a Rule 16(b) conference, as well as a complete guide to the need for counsel to meet and confer prior to said conference. The parties should be prepared to inform the Court of the nature of the case, report on the possibility of settlement, and discuss the nature and length of discovery necessary to prepare the case for trial. A discovery cut-off date will be set at the Rule 16(b) conference. Please refer to the link below for a sample Notice of Preliminary Pre Trial Conference, and the link to the court's website which provides samples of the Attorney Certification regarding anticipated fees/ADR and Report of Parties Planning meeting that is required to be filed prior to the Rule 16(b) conference.
The Court recognizes that in some cases, the scheduled status conference will take place before defendants have filed responsive pleadings. However, the Court expects all defendants who have been served to participate in this process regardless of whether they have yet filed a responsive pleading.
The Dispositive Motion filing deadline will be set by separate order by Judge Lee. The trial and final pre-trial conference dates, on Judge Lee's calendar, will be assigned during the course of a telephone scheduling conference, which will be held after any dispositive motions have been resolved.
At the conclusion of any telephone scheduling conference, an Order Controlling the Case will be issued. The parties should pay special attention to the deadlines established in that Order. See the below link for a sample Order for Civil Trial, Pre Trial Conference, and Order Controlling the Case.