N.D. Miss. L.U. Civ. R. 16

(a) Court Order. The court will issue an Initial Order setting the deadline for the

attorney conference required by FED. R. CIV. P. 26(f) and a date for a case

management conference [CMC] with the magistrate judge. The court will strive to

set the case management conference within 60 days of the filing of the first

responsive pleading.

(b) Exceptions

(1) Removed Civil Actions

(A) In removed civil actions in which no motion to remand or motion to

refer the action to the bankruptcy court is filed, the attorneys and

unrepresented parties must confer as outlined in L.U. CIV. R. 26(f)

within 40 days, and all other deadlines will be determined

accordingly.

(B) A motion to remand or a motion to refer an action to the bankruptcy

court will stay the attorney conference and disclosure requirements

and all discovery not relevant to the remand or referral issue and

will stay the parties’ obligation to make disclosures pending the

court’s ruling on the motions. At the time the remand motion or

referral motion is filed, the movant must submit to the magistrate

judge an order granting the stay but permitting discovery

concerning only the remand or referral issue. The parties must

promptly notify the magistrate judge of any order denying a motion

to remand or motion to refer and must promptly submit an order

lifting the stay.

(C) Within 14 days of the order lifting the stay, the parties must confer

as outlined in L.U. CIV. R. 26(f) and all other deadlines will be

determined accordingly. A scheduling conference will be held

within 60 days after the stay is lifted.

(2) Transferred Civil Actions. If the attorneys and unrepresented parties have

not already conducted the conference required by FED. R. CIV. P. 26(f) in

an action transferred to the district, the parties must do so within 14 days of

the action’s transfer, and all other deadlines will be determined

accordingly.

(3) Motions to Compel Arbitration and Motions Asserting Immunity or

Jurisdictional Defense

(A) A motion to compel arbitration, or a motion asserting an immunity

defense or a jurisdictional defense, must be raised by a separate

motion as expeditiously as practicable after service of process. A

motion asserting lack of jurisdiction must be filed at least seven

days before the case management conference or the movant may be

deemed to have waived the automatic stay provision of subsection

(B).

(B) Filing a motion to compel arbitration, or a motion asserting an

immunity defense or jurisdictional defense, stays the attorney

conference and disclosure requirements and all discovery, pending

the court’s ruling on the motion, including any appeal. Whether to

permit discovery on issues related to the motion and whether to

permit any portion of the case to proceed pending resolution of the

motion are decisions committed to the discretion of the court, upon

a motion by any party seeking relief.

(C) At the time the motion to compel arbitration or the motion asserting

an immunity defense or jurisdictional defense is filed, the moving

party must submit to the magistrate judge a proposed order granting

the stay.

(D) The plaintiff must promptly notify the magistrate judge of a

decision on the motion and must submit a proposed order lifting the

stay. Within 14 days of the order lifting the stay, the parties must

confer in accordance with L.U. CIV. R. 26(c), and all other

deadlines will be determined accordingly.

(E) A case management conference will be scheduled within 60 days of

the order lifting the stay.

(4) Civil Asset Forfeiture Actions

(A) In civil asset forfeiture actions in which the United States files a

motion challenging the claimant’s standing, all discovery not

relevant to the standing issue will be stayed pending the court’s

ruling on the standing issue.

(B) At the time the motion challenging the claimant’s standing is filed,

the United States must submit to the magistrate judge a proposed

order granting the stay but permitting discovery on the standing

issue.

(C) The parties must promptly notify the magistrate judge of a decision

on the standing issue and must submit a proposed order lifting the

stay if it is determined that the claimant has standing.

(D) A case management conference will be scheduled within 60 days of

the order lifting the stay.

(c) Submission of Written Proposed Case Management Plan and Scheduling

Order. The magistrate judge may require the parties to submit a proposed case

management order no later than 14 days after the attorney conference. [See Official

Form No. 1]. Disagreements with the content of the proposed case management

order must be noted on the submitted written plan. Each party must submit to the

magistrate judge a confidential memorandum, no longer than three pages, setting

forth a brief explanation of the case and a candid appraisal of the prospective

positions of the parties, including a candid evaluation of the possibilities for

settlement.

(d) Time of Disclosures. Unless a different time is set by court order or unless a party

objects during the attorney conference and states the objection in the proposed case

management order, the parties must make the disclosures required by FED. R. CIV.

P. 26(a) [L.U. Civ. R. 26.1(a)(1)], no later than 14 days after the attorney

conference, but in no event may they be made later than seven days before the case

management conference.

(e) Case Management Conference. On the date set by court order, the magistrate

judge will hold a case management conference in accordance with FED. R. CIV. P.

16(b) and 26(f).

(f) Case Management Order

(1) The judicial officer will enter the case management order no more than 14

calendar days after the case management conference. [Official Form No.

1].

(2) The court will not require the parties to reserve a period in excess of three

weeks for trial following the trial date.

(g) Settlement Conference

(1) The court may schedule an initial settlement conference in the case

management plan and scheduling order or by other order as the interests of

justice may dictate.

(A) Counsel for any party may request at any time that the judicial

officer assigned to the case schedule a settlement conference.

(B) The court may order mediation in addition to, or in lieu of, a

settlement conference.

(C) The parties are required to undertake discovery necessary for

meaningful settlement discussions before a settlement conference or

mediation.

(2) Lead counsel for each party, individual parties not represented by legal

counsel, and representatives of each corporate party, organization, or

similar entity must appear at the conference. If lead counsel has been

admitted pro hac vice, local counsel must also appear at the conference.

(A) The party representative attending the conference must have full

settlement authority to bind the party for settlement purposes.

(B) If approved in advance by the court, a party or party representative

may, in lieu of attending the conference in person, be immediately

available by telephone during the entire settlement conference. The

court may also order that a representative of any intervening party

with full settlement authority also attend the conference in person or

be available by telephone.

(C) At the request of any party, the court will issue a notification of the

settlement conference, which the party may then forward to any

entity having any type of subrogation lien that would need to be

considered during settlement negotiations. The failure of a party to

attend a settlement conference, or to have present at the conference

a representative with reasonable settlement authority, may result in

the assessment of sanctions against the offending party.

(3) The notice of a settlement conference will set forth the format of the

conference and will include any requirement for information or documents

that must be submitted to the court before or at the conference.

(4) No statement, oral or written, made by any party to the court or counsel(s)

opposite during settlement negotiations under this rule will be admissible

or used in any fashion in the trial of the case or any related case.

(5) At least seven days before the settlement conference, each party must

submit to the court a confidential memorandum, no longer than three pages,

setting forth a brief explanation of the case and a candid appraisal of the

respective positions of the parties, including the settlement negotiations to

date and possible settlement figures. Plaintiff(s) must provide an estimate

of damages itemized by category. Counsel must also furnish a good faith

estimate of the total expense of carrying the litigation through trial and the

appellate processes, if not settled, and must have discussed and must

represent to the court that they so discussed these expenses with their

clients. The settlement memoranda are not to be exchanged or filed in the

record, are to be viewed only by the court, and will be destroyed upon

exhaustion of settlement negotiations.

(h) Cases Excluded from Scheduling and Disclosure Requirements. Those

categories of proceedings appearing in FED. R. CIV. P. 26(a)(1)(B) are exempt

from the scheduling and disclosure requirements of these rules.

(i) Alternative Dispute Resolution Programs. The courts have adopted a uniform

Alternative Dispute Resolution Plan. That plan is appended to these Local Rules.

(j) Final Pretrial Conferences and Pretrial Orders

(1) Cases in Which Conference to be Held; Scheduling; Role of Magistrate

Judge. A final pretrial conference is to be held in all civil actions, subject

only to the exceptions hereinafter noted.

(A) The judicial officer assigned to try the case will attempt to conduct

the pretrial conference. If the judicial officer is unable to schedule

the pretrial conference in a timely manner, however, then he or she

may direct that the conference be held before another judicial

officer. This conference will be scheduled not more than 45 days

prior to trial.

(B) Whenever possible, a final pretrial conference will be separately

scheduled at a date, place, and hour and for such period of time as

the subject matter of the particular civil action may require, but in

all events a final pretrial conference will be scheduled in such

manner as not to cause undue or inordinate inconvenience to

counsel scheduled for final pretrial conferences in other cases.

(2) When Conference May be Dispensed With; Pretrial Order Still Required;

Contents. The court recognizes that a formal final pretrial conference may

not be needed in all cases. The court, either on its own motion or by request

of the parties made not later than 14 days before the scheduled conference,

may determine that a final pretrial conference is unnecessary and excuse

the parties from attendance, but in that event, the jointly agreed pretrial

order must be submitted to the judge before whom the conference was to

have been held and all requirements of this rule must be complied with at

or before the time and date set for the final pretrial conference, unless the

judge fixes another date for submission of the pretrial order. If no formal

final pretrial conference is held, counsel must submit to the appropriate

judge a jointly agreed final pretrial order [Official Form No. 3] which must

set forth:

(A) Any jurisdictional question;

(B) Any questions raised by pending motions, including motions in

limine;

(C) A concise summary of the ultimate facts claimed by plaintiff(s), by

defendant(s), and by all other parties;

(D) Facts established by pleadings or by stipulations or admissions of

counsel;

(E) Contested issues of fact;

(F) Contested issues of law;

(G) Exhibits (except documents for impeachment only) to be offered in

evidence by the parties respectively. If counsel cannot in good faith

stipulate the authenticity or admissibility of a proposed exhibit, the

order must identify the same and state the precise ground of

objection;

(H) The names of witnesses for all parties, stating who Will Be Called

in the absence of reasonable notice to opposing counsel to the

contrary and who May Be Called as a possibility only. Neither

rebuttal nor impeachment witnesses need be listed. The witness list

must state whether the witness will give fact or expert testimony, or

both, whether the witness will testify as to liability or damages, or

both, and whether the witness will testify in person or by

deposition;

(I) Any requested amendments to the pleadings;

(J) Any additional matters to aid in the disposition of the action;

(K) The probable length of the trial; and

(L) Full name, address, and phone number of all counsel of record for

each party.

(3) Submission by Magistrate Judge to Trial Judge. If the pretrial conference is

held before a magistrate judge who will not try the case, the magistrate

judge will submit the agreed, approved pretrial order to the trial judge, with

copies to counsel and to the clerk of court.

(4) Duty of Counsel to Confer; Exhibits; Matters to be Considered at

Conference; Sanctions. The following provisions of this rule apply,

regardless of whether the pretrial order is entered by stipulation of the

parties or following a formal final pretrial conference:

(A) Counsel must resolve by stipulation all relevant facts that are not in

good faith controverted and must exchange with counsel for all

other parties true copies of all exhibits proposed to be offered in

evidence, other than those to be used for impeachment purposes

only, and must stipulate the authenticity of each exhibit proposed to

be offered in evidence by any party unless the authenticity of any

such exhibit is in good faith controverted.

(B) All exhibits are to be pre-marked, and lists briefly describing each,

are to be exchanged among counsel and presented to the court at the

beginning of the trial, unless otherwise directed by the court.

(C) At any formal final pretrial conference, the judge will confer with

counsel regarding proposed stipulations of facts and contested

issues of fact and law and will inquire as to the reasonableness of

any party’s failure to stipulate or agree as to the authenticity or

admissibility of exhibits. If the court determines that any party or

his attorney has failed to comply with this rule, such party or his

attorney will be subject to appropriate sanctions.

(5) Depositions. Depositions to be introduced in evidence other than for

rebuttal or impeachment purposes must be abridged before the pretrial

conference or submission of the order, as follows:

(A) The offering party must designate by line and page the portions of

the deposition it plans to offer.

(B) The opposing party or parties must designate by line and page any

additional portions of the deposition to be offered and must identify

distinctly any portions of the deposition previously designated by

any other party to which objection is made.

(C) The offering party must thereafter identify distinctly any portions of

the deposition previously designated by any other party to which

objection is made.

(D) Videotaped depositions must be edited before trial as required by

the pretrial order.

(6) Procedure at Final Pretrial Conference. In addition to the preceding

provisions, the following provisions apply to the formulation of a pretrial

order by formal conference before the magistrate judge, or in any

appropriate case, the district judge.

(A) Counsel Must Attend; Sanctions. All scheduled conferences must

be attended by counsel of record who will participate in the trial and

who have full authority to speak for the party and enter into

stipulations and agreements. Counsel must have full authority from

their clients with respect to settlement and must be prepared to

inform the court regarding the prospects of settlement. The court

may require the attendance or availability of the parties, as well as

counsel. Should a party or his attorney fail to appear or fail to

comply with the directions of this rule, an ex parte hearing may be

held, and a judgment of dismissal or default or other appropriate

judgment entered or sanctions imposed.

(B) Preparation for the Conference. Counsel must comply with the

requirements of subdivisions (j)(4) and (j)(5) of this rule as soon as

practicable before the pretrial conference and submit to the court

and counsel opposite a proposed pretrial order setting forth his

proposals for inclusion in the pretrial order in accordance with

subdivision (j)(2) of this rule and any instructions which the court

may in its discretion issue.

(C) Preparation of the Pretrial Order. After the final pretrial conference

has concluded, a pretrial order must be prepared by counsel in

conformity with Official Form No. 3 and submitted to the court for

entry. Responsibility for preparation of the pretrial order and the

deadline for its submission will be fixed by the judicial officer

before whom the conference was held. If a magistrate judge has

conducted the conference on behalf of a district judge, he or she

will require counsel to make such corrections as the magistrate

judge deems necessary before transmitting the order to the district

judge.

(D) Additional Conferences. After the final pretrial conference has been

conducted, the court will not hold an additional pretrial conference

except in those exceptional situations in which the judicial officer

determines that an additional conference would materially benefit

disposition of the action.

(7) Effect of Pretrial Order. The pretrial order controls the subsequent course

of the action unless modified by the trial judge at or before the trial, upon

oral or written motion, to prevent manifest injustice.

(8) Conference Scheduling; Conflicting Settings. In scheduling all pretrial

conferences of any nature, the judge will give due consideration to

conflicting settings but not to the mere convenience of counsel. If a

scheduling order has been entered in an action, no final pretrial conference

will be held until after the discovery deadline has expired. Failure to

complete discovery within such deadline is not an excuse for delaying the

final pretrial conference nor for securing continuance of a case which has

been calendared for trial.

(9) Discretion of District Judge. Notwithstanding any of the provisions of this

rule to the contrary, a district judge may, in his or her discretion, in any

assigned case, conduct any or all pretrial conferences and may enter or

modify a scheduling order.

(k) Conflicting Settings and Requests for Continuances. When the court has set a

case for trial, other hearing, or pretrial conference that conflicts with a court

appearance of counsel in other courts, the first case having a firm setting will

control, whether set by this or some other court, and other courts are expected to

yield to the prior firm setting, as this court will do when other cases have prior

settings in other courts, consistent with the policy adopted by the State-Federal

Judicial Council. When a case has not been reached as scheduled, the court, in

resetting the case, will take into account the obligations of counsel on the basis of

the first-setting rule. If a conflict develops, it is the absolute duty of counsel to

inform the court of the later setting in order that the conflict might be resolved and

calendars cleared for other settings. It is essential for counsel and the court or

courts involved to resolve potential conflicts at the earliest practical date.