W.D. Pa. LCvR 16.1

A. Scheduling and Pretrial Conferences -- Generally.

1. There shall be two phases of pretrial scheduling as set forth in

LCvR 16.1.B: (1) a discovery phase to be governed by an initial

scheduling order; and (2) a post-discovery phase to be governed by a

final scheduling order.

2. As soon as practicable but not later than thirty (30) days after the

appearance of a defendant, the Court shall enter an order, which may be

revised as set forth in LCvR 16.1.A.3 below, setting forth the date and

time of an initial scheduling conference and the dates by which the parties

shall confer and file the written report required by Fed. R. Civ. P. 26(f),

which shall be in the form set forth at "Appendix LCvR 16.1.A" to these

Rules and shall be referred to as the Rule 26(f) Report. Unless the Court

finds good cause for delay, the initial scheduling conference shall take

place within the earlier of 90 days after any defendant has been served

with the complaint or 60 days after any defendant has appeared. The

Court may defer the initial scheduling conference if a motion that would

dispose of all of the claims within the Court's original jurisdiction is

pending.

3. The Court may conduct such further conferences as are consistent

with the circumstances of the particular case and this Rule, and may

revise any prior scheduling order for good cause.

4. Unrepresented parties are subject to the same obligations as those

imposed upon attorneys representing a party. All counsel and

unrepresented parties shall have sufficient knowledge of the claim

asserted, defenses presented, relief sought, and legal issues fairly raised

by the pleadings so as to allow for a meaningful discussion of all such

matters at each conference.

5. Upon request or sua sponte, the Court may permit attendance by

telephone of counsel or unrepresented parties at any conference.

6. Scheduling conferences shall not be conducted in any civil action

involving Social Security claims, bankruptcy appeals, habeas corpus,

government collection and prisoner civil rights, unless the Court to whom

the case is assigned directs otherwise.

B. Scheduling Orders and Case Management.

1. Initial Scheduling Order. Unless the Court finds good cause for

delay, the Court shall issue the initial scheduling order as soon as

practicable but no later than at or immediately after the initial scheduling

conference. Such conference shall take place within the earlier of 90

days after any defendant has been served with the complaint or 60 days

after any defendant has appeared. The initial scheduling order shall set

forth dates for the following:

a. the topics identified in Fed. R. Civ. P. 16(b)(3)(A);

b. completion of fact discovery;

c. a post-discovery status conference to be held within thirty (30)

days after the completion of fact discovery; and

d. designation, if appropriate, of the case for arbitration, mediation,

early neutral evaluation, or appointment of a special master or other

special procedure;

2. Additional Topics. The initial scheduling order may also address:

a. The topics identified in Fed. R. Civ. P. 16(b)(3)(B)(i)-(vii);

b. Dates for completion of expert discovery, including the dates for

expert disclosures required by Fed. R. Civ. P. 26(a)(2) and the

dates by which depositions of experts shall be completed;

c. Such limitations on the scope, method or order of discovery as

may be warranted by the circumstances of the particular case to

avoid duplication, harassment, delay or needless expenditure of

costs; and

d. The date to file dispositive motions at an early stage of the

proceedings (i.e., before completion of fact discovery or submission

of experts' reports).

3. Final Scheduling Order. At the post-discovery status conference or

as soon thereafter as practicable, the Court shall enter a final scheduling

order that sets forth dates for the following:

a. Filing dispositive motions and responses thereto;

b. Filing motions in limine and motions to challenge the

qualifications of any proposed expert witness and/or the substance

of such expert's testimony;

c. Filing pretrial statements required by LCvR 16.1.C;

d. Further conferences before trial including the final pretrial

conference.

4. Additional Topics. The final scheduling order may also include:

a. The presumptive trial date; and

b. Any other matters appropriate in the circumstances of the case.

5. Requirement to Confer; Scheduling Motion Certificate. Before

filing a motion to modify any scheduling order, counsel or an

unrepresented party shall confer with all other counsel and unrepresented

parties in an effort to reach agreement on the proposed modification.

Unless a motion to modify the scheduling order is filed jointly by all

parties, any motion to modify shall be accompanied by a certificate of the

movant denominated a Scheduling Motion Certificate stating that all

parties have conferred with regard to the proposed modification and

stating whether all parties consent thereto.

C. Pretrial Statements and Final Pretrial Conference.

1. By the date specified in the Court's scheduling order, which generally

will be no sooner than 30 days after the close of discovery (including

expert discovery), counsel for the plaintiff or an unrepresented plaintiff

shall file and serve a pretrial statement. The pretrial statement shall

include:

a. a brief narrative statement of the material facts that will be

offered at trial;

b. a statement of all damages claimed, including the amount and

the method of calculation of all economic damages;

c. the name, address and telephone number of each witness,

separately identifying those whom the party expects to present and

those whom the party may call if the need arises, and identifying

each witness as a liability and/or damage witness;

d. the designation of those witnesses whose testimony is expected

to be presented by means of a deposition and the designation of the

portion of each deposition transcript (by page and line number) to

be presented if already deposed (and, if not taken stenographically,

a transcript of the pertinent portions of the deposition testimony);

e. an appropriate identification of each document or other exhibit,

including summaries of other evidence, separately identifying those

that the party expects to offer and those that the party may offer if

the need arises and assigning an exhibit number to those that the

party expects to offer;

f. a list of legal issues that the party believes should be addressed

at the final pretrial conference;

g. copies of all expert disclosures that the party made pursuant to

Fed. R. Civ. P. 26(a)(2) with respect to expert witnesses identified in

the pretrial statement pursuant to LCvR 16.1.C.1.c; and

h. copies of all reports containing findings or conclusions of any

physician who has treated, examined, or has been consulted in

connection with the injuries complained of, and whom a party

expects to call as a witness at the trial of the case.

2. Within 30 days of filing of the plaintiff's pretrial statement, counsel for

the defendant or an unrepresented defendant shall file a pretrial

statement meeting the requirements set forth in LCvR 16.1.C.1, including

defenses to the damages claims asserted against the defendant by any

party and a statement of all damages claimed by the defendant in

connection with a counterclaim, cross-claim or third party claim, including

the amount and the method of calculation of all economic damages.

3. Within 30 days of the filing of the defendant's pretrial statement,

counsel for any third-party defendant or an unrepresented third-party

defendant shall file a pretrial statement meeting the requirements set forth

above for plaintiffs and/or for defendants, as appropriate.

4. Before filing a motion in limine, counsel or an unrepresented party

shall confer with all other counsel and unrepresented parties in an effort

to reach agreement on the issue to be raised by the motion. In the event

an agreement is not reached, the motion in limine shall be accompanied

by a certificate of the movant denominated a Motion in Limine Certificate

stating that all parties made a reasonable effort to reach agreement on

the issue raised by the motion.

5. Following the filing of the pretrial statements, counsel and any

unrepresented parties shall meet with the Court at a time fixed by the

Court for a final pretrial conference. Prior to and in preparation for the

conference, counsel and unrepresented parties shall:

a. make available for examination by opposing counsel or opposing

unrepresented parties all exhibits identified in the pretrial statement

and examine all exhibits made available by opposing counsel or

opposing unrepresented parties;

b. confer and determine in a jury case whether counsel and any

unrepresented parties can agree that the case shall be tried non-jury. If an agreement is reached, the parties shall report to the

Court at the conference. If no agreement is reported, no inquiry

shall be made by the Court and no disclosure shall be made by any

counsel or unrepresented party identifying the counsel or party who

failed to agree; and

c. unless previously filed or otherwise ordered, prepare a motion

accompanied by or containing supporting legal authority for

presentation at the final pretrial conference on any legal issues that

have not been decided.

6. Unless otherwise ordered by the Court, the following shall be done at

the final pretrial conference:

a. counsel and any unrepresented party shall indicate on the record

whether the exhibits of any other party are agreed to or objected to,

and the reason for any objection;

b. motions prepared pursuant to LCvR 16.1.C.5.c shall be

presented, accompanied by or containing supporting legal authority;

c. counsel and any unrepresented party shall be prepared to

disclose and discuss the evidence to be presented at trial, including

(a) any anticipated use of trial technology in the presentation of

evidence or in the opening statement or closing argument, and

(b) any anticipated presentation of expert testimony and any

challenges thereto;

d. counsel and any unrepresented parties shall advise the Court of

any depositions for use at trial of experts or unavailable witnesses

that they anticipate will or may be taken after the final pretrial

conference and the timing of the depositions. Subject to the

provisions of Fed. R. Civ. P. 26 and 37 regarding the identification

and disclosure of witnesses, absent good cause shown by an

objecting party, the deposition shall be permitted on such terms as

ordered by the Court. In the event that such deposition will be taken

other than by stenographic means, the party taking the deposition

shall have the deposition transcribed and the transcript shall be

made available for the Court to make rulings on any objections

raised during the course of the deposition. Prior to use in the trial,

the party offering the testimony shall edit any video recording to

reflect the Court's ruling on objections;

e. counsel shall have inquired of their authority to settle and shall

have their clients present or available by phone. The Court shall

inquire whether counsel have discussed settlement;

f. counsel and any unrepresented party wishing to supplement his

or her pretrial statement shall file and serve a motion to do so not

less than seven (7) days before the final pretrial conference, which

motion shall be granted in the absence of prejudice to another party;

g. if not previously done, the Court shall schedule the case for trial;

and

h. such record shall be made of the conference as the Court orders

or as any party may request.

7. Failure to fully disclose in the pretrial statements (or, as permitted by

the Court, at or before the final pretrial conference) the substance of the

evidence proposed to be offered at trial, may result in the exclusion of

that evidence at trial, at a hearing or on a motion unless the parties

otherwise agree or the Court orders otherwise. The only exception will be

evidence used for impeachment purposes.

8. In the event that the civil action has not been tried within 12 months of

the final pretrial conference, the Court upon request of any party shall

schedule a status conference to discuss the possibility of settlement and

establish a prompt trial date.

D. Procedures Following Disclosure Of Information That May Be

Privileged.

1. Unless a party requests otherwise, the following language will be

included in the Scheduling Order to aid in the implementation of Fed. R.

Evid. 502:

a. The producing party shall promptly notify all receiving parties of

the inadvertent production of any material protected by the attorney-client privilege and/or that constitutes trial preparation material as

set forth in Fed. R. Civ. P. 26(b)(3). Any receiving party who has

reasonable cause to believe that it has received material protected

by the attorney-client privilege and/or that constitutes trial

preparation material shall promptly notify the producing party.

b. Upon receiving notice of inadvertent production, any receiving

party shall immediately retrieve all copies of the inadvertently

disclosed material and sequester such material pending a resolution

of the producing party's claim either by the Court or by agreement of

the parties.

c. If the parties cannot agree as to the resolution of a claim of

privilege or a claim of protection as trial preparation material, the

producing party may move the Court for a resolution within 30 days

of the notice set forth in subparagraph (a). Nothing herein shall be

construed to prevent a receiving party from moving the Court for a

resolution, but such motion must be made within the 30-day period.

2. As provided in Fed. R. Evid. 502(d), the Court may enter an Order

stating that the production of material protected by the attorney-client

privilege and/or that constitutes trial preparation material, regardless of

inadvertence, does not result in a waiver of the privilege or protection

attaching to said material for purposes of the proceeding pending before

the Court or in any other federal or state proceeding. A model Order is

located at “Appendix LCvR 16.1.D.”