Local Civil Rule 16

LOCAL CIVIL RULE 16 - PRETRIAL
CONFERENCES; SCHEDULING; MANAGEMENT

LR16.1E & M  Scheduling Orders
LR16.2E  Call of the Docket
LR16.3E  Responsibility for Settlement Discussions
LR16.3.1E  Alternative Dispute Resolution
LR16.3.1M  Alternative Dispute Resolution
LR16.3.1W  Alternative Dispute Resolution
LR16.4  Notice of Settlement to Clerk
LR16.5E  Captious Settlement Tactics
LR16.6E  Reasonable Settlement Discussions
LR16.7  Cases to Be Tried on Date Assigned - Exception
LR16.8E & W  Absence of Material Witness
LR16.8M  Absence of Material Witness
LR16.9E  Retaining Position on Trial Calendar
LR16.9W  Retaining Position on Trial Calendar

LR16.1E & M  Scheduling Orders

        (a)    The scope and timing of the scheduling order under FRCvP 16(b) shall be as prescribed by the Civil Justice Expense and Delay Reduction Plan of this court.

        (b)    Unless otherwise ordered by a judge in a particular case, the following categories of cases are exempted from the requirements for a scheduling order:

                                                    Social Security Appeals
                                                    Bankruptcy Appeals
                                                    Habeas Corpus cases
                                                    Prisoner 1983 cases
                                                    Government Collection cases

(c) The magistrate judges of this court are authorized to enter and/or modify scheduling orders in matters referred to them or when directed by a district judge.

LR16.2E Call of the Docket

To insure compliance with Rule 16(b), FRCvP, the clerk of court shall in each section of court, once a month, or as often as the court deems proper, call all cases before the court that have been pending 120 days or longer after filing of the Complaint, and in which the issue has not been joined. The call shall be for the regular day and time assigned for hearing motions, and the clerk shall give 10 days notice of such call to all counsel of record.

LR16.3E Responsibility for Settlement Discussions

As officers of the court, counsel in civil cases have a responsibility to minimize the expense of the administration of justice, to refrain from burdening unnecessarily those members of the public called for jury duty, and to avoid inconveniencing witnesses unnecessarily. To these ends, they should conduct serious settlement discussions in time to avoid the expense to the public and to litigants, and the inconvenience to jurors and witnesses, occasioned by settlements made on the eve of, or at the outset, of trial.

LR16.3.1E Alternative Dispute Resolution

If the presiding judicial officer determines at any time that the case will benefit from alternative dispute resolution, the judicial officer shall:

(a) have discretion to refer the case to private mediation, if the parties consent, even if such mediation efforts upset previously set trial or other dates;

(b) have discretion to order nonbinding mini-trial or nonbinding summary jury trial before a judicial officer with the parties' consent; or

(d) All alternative dispute resolution proceedings shall be confidential. [Amended June 2, 1999]

LR16.3.1M Alternative Dispute Resolution

SEE "ADR APPENDIX - RULES FOR ALTERNATIVE DISPUTE RESOLUTION IN THE MIDDLE DISTRICT OF LOUISIANA." [Adopted February 5, 2001]

LR16.3.1W Alternative Dispute Resolution

When the trial judge in a civil matter determines that disposition of the case may be enhanced by the use of mediation, an alternative dispute resolution (ADR), the judge may, with the prior approval of the parties or their counsel, refer the matter to a mediator of the judge's selection or to a mediator of the parties' selection. With the consent of the parties or their counsel, the trial judge may order a nonbinding mini-trial or summary jury trial under such terms and circumstances as agreed to by the parties or their counsel.

The clerk of court shall notify plaintiff or counsel for plaintiff when plaintiff is represented, who in turn shall notify each attorney in the proceeding, and each unrepresented party, that the court expects the parties to consider the use of ADR no later than 200 days after initial filing in federal court. Should the parties avail themselves of an ADR procedure, the success or failure of that use shall be reported to the Chief Judge of the Western District of Louisiana. The Chief Judge, or delegate, shall be the administrator of the plan and shall perform such duties as are required by law.

Qualified mediators, also referred to as neutrals, include those individuals listed on the register of qualified civil mediators under La. R. S. 9:4106. A neutral may be disqualified for cause pursuant to 28 U.S.C. § 144 and shall be disqualified in any case in which a judge would be disqualified pursuant to 28 U.S.C. §455. Any party who believes that an assigned neutral has a conflict of interest shall file a motion for disqualification immediately. Failure to file will be deemed to be a waiver of the objection. Compensation of the neutral, if the appointment is accepted by the neutral, shall be subject to the agreement of the parties and the neutral. The court shall not provide funding for non-staff ADR neutrals.

All ADR proceedings shall be confidential. [Amended February 24, 2000]

LR16.4 Notice of Settlement to Clerk

Whenever a civil case is settled or otherwise disposed of, counsel shall immediately inform the clerk's office, the judge to whom the case is allotted, and all persons subpoenaed as witnesses. If a civil case is settled as to fewer than all of the parties or all of the claims, counsel shall also set forth the remaining parties and unsettled claims.

LR16.5E Captious Settlement Tactics

When such notice is not given, or when a case is settled within the 24 hour period prior to trial, or after the trial has commenced, and the court is not aware of circumstances that indicate that this development was reasonable, it shall afford counsel an opportunity to show that the failure to give notice of settlement, or the failure to agree on settlement at an earlier time, as the case may be, was not the result of captious tactics, did not constitute merely the acceptance of an offer earlier refused as part of a calculated tactic of delay in reaching a settlement in order to attempt to obtain further advantages in disregard to the interests of others, or did not result from some other cause amounting to interference with the orderly conduct of judicial business. If counsel fail to make this showing, the court may assess jury costs, including attendance fees, marshal's costs, mileage and per diem, against the party or counsel deemed responsible, or against the parties or counsel equally if the fault is mutual.

LR16.6E Reasonable Settlement Discussions

This rule shall be so applied as not to inhibit reasonable settlement discussion. The court recognizes that good cause may exist for a belated change in position - an important witness may fail to appear, counsel may learn that facts deemed provable are not provable, or a witness may change his testimony. But the rule shall also be applied so as to take into account the difference between good cause for delay in settlement and negotiating tactics that, heedless of the inconvenience to the court and the public, use the imminence of trial as a catalyst to attempt to reduce an already acceptable offer.

LR16.7 Cases to Be Tried on Date Assigned - Exceptions

All cases shall be tried on the date set unless the trial is continued by order of the court.

LR16.8E & W Absence of Material Witness

Every motion for a continuance upon the ground of the absence of a material witness shall be accompanied by the affidavit of the party applying therefor, or his or her attorney, setting forth the efforts made to procure attendance and, in a civil case, the facts he/she expects to prove by such witness. In a criminal case, the court may require, or in its discretion, dispense with, a statement of the facts to be proved. If the proposed testimony is set forth and it is admitted by the opposite party that the witness, if called, would testify as set forth in the affidavit, the court may, in its discretion, deny the motion. In a criminal case if the proposed testimony is not set forth, or in any other case, the court may hold a hearing on the matter and take such action with respect to the motion as justice requires.

LR16.8M Absence of Material Witness

Every motion for a continuance upon the ground of the absence of a material witness shall be accompanied by the affidavit of the party applying therefor, or his or her attorney, setting forth the efforts made to procure attendance and, in a civil case, the facts he/she expects to prove by such witness. If the proposed testimony is set forth and it is admitted by the opposite party that the witness, if called, would testify as set forth in the affidavit, the court may, in its discretion, deny the motion.

LR16.9E Retaining Position on Trial Calendar

Cases set for trial but not reached on that day, shall retain their relative position on the trial calendar and shall to the extent practicable be entitled to precedence over cases set for trial on a later date. If this is not practicable, the court will reassign the case or cases that cannot be reached.

LR16.9W Retaining Position on Trial Calendar

Generally among civil actions set for the same trial date, the action with the lowest docket number will be tried first. At the pre-trial conference, the court will assign a numerical priority for cases set for trial on the same date.