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# Response 1 2 3 4 45. Although I think encouraging mediation is good, I do not think it necessary to require mediation. When the program went into effect, many practitioners were unfamiliar with mediation. Now, most lawyers have been involved extensively in mediation. Often, the requirement of mediation has resulted in mediations occurring at the X X wrong time, and thus being unproductive. I believe it is important to have a local rule that maintains the confidentiality of communications during mediation. 46. Sanctions for failure to negotiate in good faith. X 47. Many expect use of mediation will only increase, as a manner of dealing [sic] legal disputes that may be less costly and more disposed to actual reconciliation. In that context, local rules would have at least two positive effects: (1) uniformity of practice (and thereby expectations), and (2) education (of the bar and the public). 48. Payment of fees; submission of mediation statements. X 49. Privilege-related issues, such as the possible disclosure and handling of privileged documents, so as to preserve the privilege, in the event of X litigation. 50. A brief summary of the mediation session by the mediator should be presented to the court whether or not an agreement was reached. If mediation is not achieved, require the parties to submit to the mediator the specific reasons why mediation was not successful. 51. Form and content of mediation statements to be provided to mediator by the parties. X 21
8. LCvR 55.1 A. The Proposed Change Procedure for Obtaining Default Judgment. (a) Entry of Default by Court Clerk. To obtain an entry of default pursuant to Fed. R. Civ. P. 55(a), the party must file a “Motion for Entry of Default by the Clerk.” The motion shall recite the facts that establish service of process, and be accompanied by affirmations as to compliance with the Servicemembers Civil Relief Act, 50 U.S.C. App. § 501 et seq., and that the individual is neither an infant nor an incompetent person. No brief is required with this motion. Once a proper motion has been filed, the Court Clerk will prepare and enter default, after independently determining that service has been effected, that the time for response has expired, and that no answer, responsive pleading, or appearance has been filed. (b) Entry of Default Judgment. Once a party is in default, a default judgment pursuant to Fed. R. Civ. P. 55(b) may be requested by filing a motion for default judgment accompanied by a concise brief, a form of judgment, and an affidavit setting forth that movant’s claim is for a particular sum certain and the factual basis for such a claim. In its discretion, the Court may set a hearing on the motion with respect to which notice shall be provided by the party moving for default judgment in accordance with the requirements of Fed. R. Civ. P. 55(b). The Court Clerk shall not enter a judgment of default. B. Reason for the Change The local rule is inconsistent with Federal Rule of Civil Procedure 55 in four respects: First, the local rule requires a motion for the Clerk’s certification of a default, and the federal rule does not require a motion. The result creates not only an inconsistency with the federal rule, but also practical problems. For example, the filing of a motion triggers the service requirement and response deadline in LCvR 7.1(g), even though Federal Rule of Civil Procedure 5(a) expressly provides that service is generally unnecessary for “a party who is in default for failing to appear.” In addition, the filing of a “motion” suggests the need for court action. But “[w]hen the prerequisites of Rule 55(a) are satisfied, an entry of default should be made by the clerk without any action being taken by the court.” 10A Charles Alan Wright, 22
Page 1 and 2: UNITED STATES DISTRICT COURT WESTER
Page 3 and 4: B. Reason for the Change...........
Page 5 and 6: 3. LCvR 16.1(a)(1) Rule of Civil Pr
Page 7 and 8: 4. LCvR 16.1(b)(2) A. The Proposed
Page 9 and 10: 7. LCvR 16.3 provisions involving s
Page 11 and 12: an amount up to the plaintiff’s p
Page 13 and 14: LOCAL CIVIL RULES SURVEY REPORT JUN
Page 15 and 16: Analysis of Results Received from A
Page 17 and 18: Analysis of Responses Received From
Page 19 and 20: Analysis of Responses Received From
Page 21 and 22: # Response 1 2 3 4 8. Early mediati
Page 23: # Response 1 2 3 4 36. I believe me
Page 27 and 28: Third, the local rule requires an i
Page 29 and 30: of an individual judge to refer a m
Page 31 and 32: To the extent the parties have made
Page 33 and 34: 5. APPLICABILITY OF FED. R. CIV. P.
Page 35 and 36: Submitted this ______ day of ______
Page 37 and 38: Lastly, as in Paragraph “8(D),”
Page 39 and 40: *The listing of witnesses and exhib
Page 41 and 42: B. Reason for the Change The Commit
Page 43 and 44: 6. EXHIBITS. The following exclusio
Page 45: B. Reason for the Change The Commit

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