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B. Reason for the Change Paragraph 2: The change is stylistic, to conform the format to the questions in Paragraphs 1 and 3. A similar change is proposed below in connection with the final pretrial report. See infra p. 42. Paragraph 3: The amendment would avoid confusion in the instructions to counsel. A similar change is proposed below in connection with the final pretrial report. See infra p. 42. Paragraph 8(D): This provision should be changed to conform to the style amendments to the Federal Rules of Civil Procedure and correctly specify the particular subsection under Rule 26(f)(3) which requires the parties discuss issues relating to electronically stored information. In addition, for technical accuracy, the phrase “as required by” should be changed to “pursuant to.” Paragraph 8(E): The citation in Section 8(E) of the joint status report and discovery plan was no longer correct after the style amendments to the Federal Rules of Civil Procedure. Therefore, the proposed change would correct the outdated citation and refer lawyers to the subsection of Rule 26(f) which addresses the parties’ obligation to discuss issues regarding claims of privilege or protection. The proposed language would provide a mechanism for parties who wish to have their agreements memorialized in the court’s case management order (or other order) to bring their agreements to the court’s attention. This is of special significance since the recent passage of Federal Rule of Evidence 502. Under the new federal rule, an agreement regarding the procedure to claim privilege/work-product protection after production is binding only on the parties and will have no effect outside the federal action in which it was made or on third parties unless the agreement is memorialized in a court order. Fed. R. Evid. 502(e). The proposed revision in the local rule would facilitate discussion at the status and scheduling conference. By requiring the parties to submit a proposed order governing the procedures, the court would have the option to include the agreement in the Rule 16(b) case management order or to issue a separate order. 33
Lastly, as in Paragraph “8(D),” the phrase “as required by” would be changed for technical accuracy. Paragraph 12: The Committee would modify No. 12 in light of the suggested amendments to LCvR 16.3 on private mediations. 11. Appendix III - Scheduling Order [see pages 35-37] A. The Proposed Change In “16,” the Committee would change one of the appearances of the word “approved” to “approving.” In “17,” the term “Mediation” would be deleted. In its place, the Committee would add a box for “Court-Ordered Mediation subject to LCvR 16.3.” In addition, the form would allow reference to private mediation and clarify, if the Court wishes, that the procedure would be exempt from LCvR 16.3. As amended, the new form would appear below at pages 35 to 37: 34
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 and 24: # Response 1 2 3 4 36. I believe me
Page 25 and 26: 8. LCvR 55.1 A. The Proposed Change
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: Submitted this ______ day of ______
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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