N.D. Ohio LR 16.3

(a) Notice of Track Recommendation and Case Management Conference.

(1) The Court may issue a track recommendation to the parties in advance

of the Case Management Conference, or may reserve such determination for the

Case Management Conference. If the notice of Case Management Conference

does not contain a track recommendation, counsel must confer to determine

whether they can agree to a track recommendation, which shall be subject to the

Judicial Officer's approval at the Case Management Conference. The track

recommendation shall be made in accordance with the factors identified in Local

Rule 16.2(b).

(2) In any action in which the defendant (or all defendants in any action

with multiple defendants) is in default of answer, no track recommendation will

be made and no Case Management Conference held so long as such default

continues. In such a case the plaintiff shall go forward and seek default judgment

within ninety (90) days of perfection of service (or of sending of a request for a

waiver of service under Fed. R. Civ. P. 4(d)), or show cause why the action

should not be dismissed for want of prosecution. If such default occurs and the

party/parties in default is/are thereafter granted leave to plead, issuance of a track

recommendation and scheduling of the Case Management Conference shall

proceed in accordance herewith, based upon the date set for the filing of the

responsive pleading.

(b) Case Management Conference.

(1) The Judicial Officer shall conduct the Case Management Conference.

Lead counsel of record must participate in the Conference and parties must attend

unless, upon motion with good cause shown or upon its own motion, the Judicial

Officer allows the parties to be available for telephonic communication. Counsel,

upon good cause shown, may seek leave to participate by telephone.

(2) The agenda for the Conference shall include:

(A) Determination of track assignment;

(B) Determination of whether the case is suitable for reference

to an ADR program;

(C) Determination of whether the parties consent to the

jurisdiction of a Magistrate Judge pursuant to 28 U.S.C. § 636(c);

(D) Disclosure of information that may be subject to discovery,

including key documents and witness identification;

(E) Determination of the type and extent of discovery,

including the discovery of electronically stored information. If the parties

have not agreed on how to conduct electronic discovery, the default

standard for discovery of electronically stored information attached as

Appendix K shall apply;

(F) Determination of a whether an order is necessary to protect

confidential information. A form protective order is attached as Appendix

L;

(G) Setting of a discovery cut-off date;

(H) Setting of a deadline for joining other parties and amending

the pleadings;

(I) Setting of deadline for filing motions; and

(J) Setting the date of the Status Conference.

(3) Except in categories of proceedings exempted from initial disclosure

under Fed. R. Civ. P. 26(a)(1)(E), the parties must confer before the Fed. R. Civ.

P. 16(b) conference. In addition to discussing the items identified in Fed. R. Civ.

P. 26(f), counsel for all parties are directed to engage in meaningful discussions

regarding any track recommendation issued by the Court and each of the other

agenda items established by the Court. This discussion shall also be generally

guided by the provisions of Fed. R. Civ. P. 26(f). The attorneys of record and all

unrepresented parties that have appeared in the case are jointly responsible for

arranging the conference. The parties must submit a report on their discussion at

least seven days before the Fed. R. Civ. P. 16(b) conference. The Court shall

provide forms to counsel for all parties for indicating the parties' positions

regarding all such agenda items when it issues its track recommendation.

(4) At the conclusion of the Case Management Conference, the Judicial

Officer shall prepare, file, and issue to the parties an order containing the Case

Management Plan governing the litigation.

(c) Notification of Complex Litigation.

(1) Definitions.

(A) As used in this Rule, "Complex Litigation" has one or more of

the following characteristics:

(i) it is related to one or more other cases;

(ii) it arises under the antitrust laws of the United States;

(iii) it involves more than five (5) real parties in interest;

(iv) it presents unusual or complex issues of fact;

(v) it involves problems which merit increased judicial

supervision or special case management procedures.

(B) As used in this Rule, a "case" includes an action or a

proceeding.

(C) As used in this Rule, a case is "related" to one or more other

cases if:

(i) they involve the same parties and are based on the same

or similar claims;

(ii) they involve the same property, transaction or event or

the same series of transactions or events; or

(iii) they involve substantially the same facts.

(2) Notice Identifying Complex Litigation. An attorney who represents a

party in Complex Litigation, as defined above, must, with the filing of the

complaint, answer, motion, or other pleading, serve and file a statement which

briefly describes the nature of the case, identifies by title and case number all

other related case(s) filed in this and any other jurisdiction (federal or state) and

identifies, where known, counsel for all other parties in the action who have not

yet entered an appearance.

(3) Manual For Complex Litigation. Counsel for each of the parties

receiving notice of a Case Management Conference must become familiar with

the principles and suggestions contained in the most recent edition of the Manual

for Complex Litigation.

(4) Case Management Conference. (See subsection (b)). In preparation

for the Case Management Conference, at least seven (7) days prior to the date of

the conference counsel for each party must file and serve a proposed agenda of

the matters to be discussed at the conference. At the Case Management

Conference, counsel for each party must be prepared to discuss preliminary views

on the nature and dimensions of the litigation, the principal issues presented, the

nature and extent of contemplated discovery, and the major procedural and

substantive problems likely to be encountered in the management of the case.

Coordination or consolidation with related litigation should be considered.

Counsel should be prepared to suggest procedures and timetables for the efficient

management of the case.

(5) Determination By Order Whether Case to be Treated as Complex

Litigation. At the conclusion of the Case Management Conference, the Court

shall prepare, file, and issue an order containing the Case Management Plan

which shall set forth whether the case thereafter shall be treated as Complex

Litigation pursuant to orders entered by the Court consistent with the principles

and suggestions contained in MCL 2d. An order under this subdivision may be

conditional and may be altered and amended as the litigation progresses.

(6) Subsequent Proceedings.

(A) Once the Court has determined by order that an action shall be

treated as Complex Litigation, thereafter the Court shall take such actions

and enter such orders as the Court deems appropriate for the just,

expeditious and inexpensive resolution of the litigation. Measures should

be taken to facilitate communication and coordination among counsel and

with the Court.

(B) Throughout the pendency of a case which has been

determined to be treated as Complex Litigation, counsel for the parties are

encouraged to submit suggestions and plans designed to clarify, narrow

and resolve the issues and to move the case as efficiently and

expeditiously as possible to a fair resolution.

(d) Status Conference. The parties, each of whom will have settlement

authority, and lead counsel of record must participate in the Status Conference. The

parties must participate in person unless, upon motion with good cause shown or upon its

own motion, the Judicial Officer allows the parties to be available for telephonic

communication. Counsel, upon good cause shown, may seek leave to participate by

telephone. When the United States of America or any officer or agency thereof is a party,

the federal attorney responsible for the case shall be deemed the authorized representative

for the purpose of the Status Conference. At the Status Conference the Judicial Officer

will:

(1) review and address:

(A) settlement and ADR possibilities;

(B) any request for revision of track assignment and/or of the

discovery cut-off or motion deadlines; and

(C) any special problems which may exist in the case;

(2) assign a Final Pretrial Conference date, if appropriate; and

(3) discuss setting a firm trial date.

If, for any reason, the assigned Judicial Officer is unable to hear the case within

one week of its assigned trial date, the case shall be referred to the Chief Judge for

reassignment to any available District Judge or, upon consent of the parties, Magistrate

Judge for prompt trial.

(e) Final Pretrial Conference. A Final Pretrial Conference, if any, may be

scheduled by the Judicial Officer at the Status Conference. The parties and lead counsel

of record must be present at the conference. When the United States of America or any

officer or agency thereof is a party, the federal attorney responsible for the case shall be

deemed the authorized representative for the purpose of the Final Pretrial Conference.

The Final Pretrial Conference shall be scheduled as close to the time of trial as reasonable

under the circumstances. The Judicial Officer may, in the Judicial Officer's discretion,

order the submission of pretrial memoranda.

(f) Video and Telephone Conferences. The use of telephone conference calls

and, where appropriate, video conferencing for pretrial and status conferences is

encouraged. The Court, upon motion by counsel or its own instance, may order pretrial

and status conferences to be conducted by telephone conference calls. In addition, upon

motion by any party and upon such terms as the Court may direct, the Court may enter an

order in appropriate cases providing for the conduct of pretrial and status conferences by

video conference equipment.