D.N. Mar. I. LR 16.1

a. Case Management.

This Court follows a system of differentiated case management which provides

for the management of cases based on case characteristics to ensure an appropriate

level of judicial, staff, and attorney attention. This system requires the Court and

attorneys for the parties to assess the complexity of the case and necessary

discovery and assign a track as set forth in LR 16.1(b). Each track employs a case

management plan tailored to the general requirements of similarly situated cases

and allows for the adjustment of the initial track assignment, if needed.

b. Tracks, Evaluation, and Assignment of Cases.

1. Types of Tracks.

A. “Expedited” - Cases on the Expedited Track are expected to be

completed within six (6) months or less after CMC, and will have a

discovery cut-off no later than sixty (60) days prior to trial.

Discovery guidelines for this track include interrogatories limited to

fifteen (15) single-part questions; fifteen (15) requests for admission;

depositions of the parties; depositions on written questions of

custodians of business records for non-parties; no more than one

(1) fact witness deposition per party without prior approval of the

Court; and such other discovery, if any, as may be provided for in

the Case Management Scheduling Order.

B. “Standard” - Cases on the Standard Track are expected to be

completed within twelve (12) months or less after CMC, and will

have a discovery cut-off no later than sixty (60) days prior to trial.

Discovery guidelines for this track include interrogatories limited to

thirty (30) single-part questions; thirty (30) requests for admission;

depositions of the parties; depositions on written questions of

custodians of business records for non-parties; no more than three

(3) fact witness depositions per party without prior approval of the

Court; and such other discovery, if any, as may be provided for in

the Case Management Scheduling Order.

C. “Complex” - Cases on the Complex Track will have the discovery

cut-off established in the Case Management Scheduling Order and

are expected to be completed within eighteen (18) months.

Discovery guidelines for this track include interrogatories limited to

fifty (50) single-part questions; fifty (50) requests for admission;

depositions of the parties; depositions on written questions of

custodians of business records for non-parties; and such additional

depositions and discovery to be set at the case management

conference.

2. Evaluation and Assignment of Cases; Criteria. The Court will consider and apply

the following factors in assigning cases to a particular track:

A. Expedited Track:

i. Legal Issues: Few and clear

ii. Required Discovery: Limited

iii. Number of Real Parties in Interest: Few

iv. Number of Fact Witnesses: Up to five (5)

v. Expert Witnesses: None

vi. Likely Trial Days: Less than five (5)

vii. Suitability for ADR: High

viii. Character and Nature of Damage Claims: Usually a fixed

amount.

B. Standard Track:

i. Legal Issues: More than a few, some unsettled

ii. Required Discovery: Routine

iii. Number of Real Parties in Interest: Up to five (5)

iv. Number of Fact Witnesses: Up to ten (10)

v. Expert Witnesses: Two (2) or three (3)

vi. Likely Trial Days: Five (5) to ten (10)

vii. Suitability for ADR: Moderate to high

viii. Character and Nature of Damage Claims: Routine

C. Complex Track:

i. Legal Issues: Numerous, complicated, and possibly unique

ii. Required Discovery: Extensive

iii. Number of Real Parties in Interest: More than five (5)

iv. Number of Fact Witnesses: More than ten (10)

v. Expert Witnesses: More than three (3)

vi. Likely Trial Days: More than ten (10)

vii. Suitability for ADR: Moderate

viii. Character and Nature of Damage Claims: Usually requiring

expert testimony.

c. Assertive Judicial Management.

The judge will manage the pretrial activity of the case through direct involvement

in the establishment, supervision, and enforcement of a Case Management

Scheduling Order and by setting status conferences as deemed necessary. See LR

16.3. The judge will:

1. Timely convene and conduct a case management conference (CMC). See

LR 16.2. During the conference, the Court will address motion deadlines,

conference dates, track assignment, alternative dispute resolution (“ADR”)

and discovery.

2. Following the CMC, the Court will issue a Case Management Scheduling

Order, which establishes the trial date, conference dates, track assignments

and deadlines. See LR 16.3.