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Certification of these discussions must be submitted in conjunction with the Joint Status Report and Discovery Plan in the form provided as Appendix II. The Joint Status Report and Discovery Plan shall include, to the extent then known, the contentions of each party and the issues of fact and law. It shall also contain a list of all exhibits, witnesses, and discovery materials to the extent then known, together with time estimates to complete discovery and trial. It shall be the duty of counsel for the plaintiff or pro se plaintiff to arrange this joint preparation and the duty of all counsel and pro se parties to jointly participate in and facilitate it. The information exchanged shall be incorporated into the Joint Status Report and Discovery Plan. This Joint Status Report and Discovery Plan will be prepared and signed jointly and filed as a single document with the Clerk of Court not later than seven calendar days prior to the status and scheduling conference, unless otherwise ordered by the Court. B. Reason for the Change In 2007, the Court eliminated legal issues, witness lists, and exhibit lists in the joint status report and discovery plan. The proposed amendment would conform the local civil rule to the existing form. The language regarding “issues of fact” does not match the language on the form in Appendix II. Thus, the Committee proposes deletion of the phrase, “issues of fact,” in LCvR 16.1(a)(1). The Committee proposes modification of LCvR 16.3 to focus the rule on mediations. With that change, the Committee suggests moving the discussion of ADR in LCvR 16.3(b) to LCvR 16.1(a)(1). This change requires some stylistic changes in LCvR 16.1(a)(1). For example, references to the contentions and time estimates would be deleted from the rule. The Committee believes this language is unnecessary because the form, Appendix II, already requires submission of contentions and time estimates for the trial. 3
4. LCvR 16.1(b)(2) A. The Proposed Change (2) The clerk who keeps the minutes of the status and scheduling conference shall have forms available conforming to the form provided herein as Appendix III, whereby the time and/or date fixed by the Court for the performance of specified duties may be inserted. Upon request, counsel will be supplied with a copy of such form so that they may make their own notations of deadlines and of other orders prescribed by the judge presiding over the conference. Such executed form, when approved by the Court and filed, shall constitute the order of the Court as to such schedules without the necessity of filing any other order to the same effect. Unless otherwise directed by the assigned judge, the form and content of a jointly prepared, proposed Final Pretrial Report, conforming to the sample form provided herein as Appendix IV, shall be filed by plaintiff’s counsel on or before the first day of the month that the case is scheduled for trial. Plaintiff’s counsel shall file with the Court the jointly prepared Final Pretrial Report along with an extra copy for the Court and shall be accompanied by and shall submit a proposed order approving the Report. The executed Final Pretrial Report, when approved by the Court, shall constitute an order of the Court as to all matters contained therein. B. Reason for the Change 5. LCvR 16.1(c) The existing language is not technically accurate. A. The Proposed Change (c) Authorization of Alternative Dispute Resolution. The Court authorizes Alternative Dispute Resolution methods, including mediation, judicial settlement conferences, and summary jury trials. 4
Page 1 and 2: UNITED STATES DISTRICT COURT WESTER
Page 3 and 4: B. Reason for the Change...........
Page 5: 3. LCvR 16.1(a)(1) Rule of Civil Pr
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 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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