N.D. Ohio LR 16.1

(a) Purpose and Authority. The United States District Court for the Northern

District of Ohio ("Northern District") adopts Local Rules 16.1 to 16.3 in compliance with

the mandate of the United States Congress as expressed in the Civil Justice Reform Act

of 1990 ("CJRA" or "Act"). These Rules are intended to implement the procedures

necessary for the establishment of a differentiated case management ("DCM") system.

The Northern District has been designated as a DCM "Demonstration District."

The DCM system adopted by the Court is intended to permit the Court to manage its civil

docket in the most effective and efficient manner, to reduce costs and to avoid

unnecessary delay, without compromising the independence or the authority of either the

judicial system or the individual Judicial Officer. The underlying principle of the DCM

system is to make access to a fair and efficient court system available and affordable to

all citizens.

(b) Definitions.

(1) "Differentiated case management" ("DCM") is a system providing for

management of cases based on case characteristics. This system is marked by the

following features: the Court reviews and screens civil case filings and channels

cases to processing "tracks" which provide an appropriate level of judicial, staff,

and attorney attention; civil cases having similar characteristics are identified,

grouped, and assigned to designated tracks; each track employs a case

management plan tailored to the general requirements of similarly situated cases;

and provision is made for the initial track assignment to be adjusted to meet the

special needs of any particular case.

(2) "Case Management Conference" is the conference conducted by the

Judicial Officer where track assignment, Alternative Dispute Resolution ("ADR"),

and discovery are discussed and where discovery and motion deadlines, deadlines

for amending pleadings and adding parties, and the date of the Status Conference

are set. Such conference shall, as a general rule, be conducted no later than thirty

(30) days after the date of the filing of the last permissible responsive pleading, or

the date upon which such pleading should have been filed, but not later than

ninety (90) days from the date counsel for the defendant(s) has entered notice of

appearance, regardless of whether a responsive pleading has been filed by that

date.

The Court may, upon motion for good cause shown or sua sponte, order

the conference to be held before such general time frame. Unless otherwise

ordered, no Case Management Conference shall be held in any action in which the

sole plaintiff or defendant is incarcerated and is appearing pro se.

(3) "Status Conference" is the mandatory hearing which is held at a time

set by the judicial officer.

(4) "Case Management Plan" ("CMP") is the plan adopted by the Judicial

Officer at the Case Management Conference and shall include the determination

of track assignment, whether the case is suitable for reference to an ADR

program, the type and extent of discovery, the setting of a discovery cut-off date,

directions regarding the filing of discovery materials, deadline for filing motions,

deadlines for amending pleadings and adding parties, and the date of the Status

Conference.

(5) "Dispositive Motions" shall mean motions to dismiss pursuant to Fed.

R. Civ. P. 12(b), motions for judgment on the pleadings pursuant to Fed. R. Civ.

P. 12(c), motions for summary judgment pursuant to Fed. R. Civ. P. 56, motions

to remand pursuant to 28 U.S.C. § 1447, or any other motion which, if granted,

would result in the entry of judgment or dismissal, or would dispose of any claims

or defenses, or would terminate the litigation.

(6) "Discovery cut-off" is that date by which all responses to written

discovery shall be due according to the Federal Rules of Civil Procedure and by

which all depositions shall be concluded. Counsel must initiate discovery requests

and notice or subpoena depositions sufficiently in advance of the discovery cut-off date so as to comply with this rule, and discovery requests that seek responses

or schedule depositions after the discovery cut-off are not enforceable except by

order of the Court for good cause shown.

(c) Date of DCM Application. Local Rules 16.1 to 16.3 shall apply to all civil

cases filed on or after January 1, 1992 and may be applied to civil cases filed before that

date if the assigned Judge determines that inclusion in the DCM system is warranted and

notifies the parties to that effect.

(d) Conflicts with Other Rules. In the event that Local Rules 16.1 to 16.3

conflict with other Local Rules adopted by the Northern District, Local Rules 16.1 to

16.3 shall prevail.