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3. LCvR 16.1(a)(1)<br />

Rule <strong>of</strong> Civil Procedure 5 addresses filing, but does not address formatting<br />

except to say that the Court Clerk cannot decline to file papers based on form<br />

defects. Federal Rule <strong>of</strong> Civil Procedure 7 does discuss the form <strong>of</strong> motions<br />

and other papers. Therefore, a practitioner could reasonably assume that the<br />

formatting requirements in the <strong>local</strong> <strong>civil</strong> rules are found solely in Rule 7.1.<br />

In 2006, the Committee considered consolidation <strong>of</strong> the two sections into one,<br />

but was concerned that attorneys familiar with the rules as they existed at that<br />

time could be confused by the change. To avoid unnecessary confusion and<br />

help guide attorneys to both provisions dealing with the form <strong>of</strong> papers<br />

presented for filing, the Committee proposes that the <strong>local</strong> rules crossreference<br />

one another.<br />

A. The Proposed Change<br />

(1) Preparation for Status and Scheduling Conferences. Prior to the first<br />

status and scheduling conference, tTrial counsel for all parties, and pro<br />

se parties, if any, shall confer and prepare a Joint Status Report and<br />

Discovery Plan in the form provided as Appendix II. It shall be the<br />

duty <strong>of</strong> counsel for the plaintiff to arrange the joint preparation <strong>of</strong><br />

this document and the duty <strong>of</strong> all counsel and pro se parties to<br />

jointly participate in the preparation. This Joint Status Report and<br />

Discovery Plan will be prepared, signed jointly, and filed as a single<br />

document with the Clerk <strong>of</strong> the Court not later than seven calendar<br />

days prior to the status and scheduling conference, unless otherwise<br />

ordered by the Court.<br />

In connection with the preparation <strong>of</strong> the document:<br />

(a)<br />

(b)<br />

(c)<br />

all counsel shall discuss ADR with their client(s),<br />

all counsel and pro se litigants, if applicable, shall discuss<br />

ADR with one another, and<br />

all counsel and pro se litigants, if applicable, shall indicate<br />

whether the party elects to have the action referred to a<br />

specific procedure, if appropriate.<br />

2

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