W.D. Tenn. LR 16.2

(a) Statement of Purpose and Scope of Authority. The purpose of this rule is to establish

a Differentiated Case Management (“DCM”) system, under which cases are screened

for complexity and the need for judicial involvement, assigned to specific tracks

based on that criteria, and managed to disposition according to predetermined

milestones established for respective tracks. Cases falling under the Local Patent

Rules of this Court are exempt from this Rule.

(b) Tracks.

(1) Administrative Track.

(A) Assignment:

(i) Cases are assigned to this track by the Clerk of Court based on the

nature of suit and are those that usually are resolved on the

pleadings or the record. Administrative Track cases include:

Bankruptcy cases before the District Court pursuant to 28 U.S.C.

§§ 157 or 158, except those cases withdrawn from Bankruptcy

Court pursuant to 28 U.S.C. § 157(d); actions for judicial review

of administrative decisions of government agencies or

instrumentalities in which the review is conducted on the basis of

the administrative record; prize proceedings or for foreclosure of

mortgages or sales to satisfy liens of the United States;

proceedings for admission to citizenship or to cancel or revoke

citizenship; proceedings to compel arbitration or to confirm or set

aside arbitration awards; Freedom of Information Act (FOIA)

actions; civil actions by the Veterans Administration or other

government agency for recovery of erroneously paid educational

assistance; proceedings for the temporary enforcement of orders

of the National Labor Relations Board; proceedings to compel the

giving of testimony or production of documents in this District in

connection with discovery or for the perpetuation of testimony for

use in a matter pending or contemplated in a United States District

Court of another District; and proceedings to compel the giving of

testimony or production of documents under a subpoena or

summons issued by an officer, agency or instrumentality of the

United States not provided with authority to compel compliance.

(ii) Other cases may be assigned to this track based on the nature of

the case. Such determination may be made either by the parties at

filing, or by the Court at a preliminary scheduled conference.

(iii) A case in a nature of suite listed in (i) above, but which may have

more complex issues or facts, may likewise be assigned to another

track.

(B) Management. Administrative Track cases shall be managed according

to the following deadlines, set forth in an “ADMINISTRATIVE

TRACK SCHEDULING ORDER,” in the form set forth in Appendix E

hereto, to be issued by the Court within 180 days of the filing of the

complaint:

(i) Deadline to file the record, if any: 30 days after the

appearance of the first defendant; and

(ii) Dispositive motion deadline: 90 days after entry of the

scheduling order.

(iii) A preliminary scheduling conference is not required; however, any

party may file a motion to hold a scheduling conference, to alter

the assignment of the case to the Administrative Track, and/or to

otherwise alter the deadlines set forth herein.

(C) Except as provided herein, Administrative Track cases are exempt from

the requirements of Fed. R. Civ. P. 16(b) and 26(f).

(2) Pro Se Prisoner Track.

(A) Assignment. Cases are assigned to this track by the Clerk of Court

based on nature of suit and are administered by the District’s Prisoner

Pro Se Office. Natures of suit include General Habeas Corpus cases,

Motions to Vacate Sentence, Mandamus Petitions, and Prisoner Civil

Rights actions, which include civil rights complaints lodged or filed by

prisoners challenging the conditions of their confinement pursuant to 42

U.S.C. § 1983, Bivens v. Six Unknown Federal Narcotics Agents, 403

U.S. 388 (1971), or otherwise, and all other civil rights claims relating to

the investigation and prosecution of criminal matters or to correctional

agencies and institutions in connection with their decisions or acts

arising out of their custodial functions.

(B) Management. Pro Se Prisoner Track cases shall be managed according

to the following deadlines, set forth in a “PRO SE PRISONER TRACK

SCHEDULING ORDER,” in the form set forth in Appendix F hereto, to

be issued by the Court within 60 days from the filing of service or

waiver of service of the complaint on any named defendant pursuant to

LR 4.1:

(i) Discovery cutoff: 150 days after the filing of the service or waiver

of service of the complaint on any named defendant pursuant to

LR 4.1; and

(ii) Dispositive motion deadline: 180 days after the filing of service

or waiver of service of the complaint on any named defendant

pursuant to LR 4.1.

(C) Except as provided herein, Pro Se Prisoner Track cases are exempt from

the requirements of Fed. R. Civ. P. 16(b) and 26(f).

(3) Expedited Track.

(A) Assignment. Cases that do not meet the criteria of the Administrative or

Pro Se Prisoner Tracks, but are determined to be less complex, to require

minimal judicial involvement and/or to require less time for disposition,

are assigned to this track by agreement of the parties or in the discretion

of the Court.

(B) Management.

(i) A preliminary scheduling conference, pursuant to Fed. R. Civ. P.

16, shall be scheduled by the presiding Judge within 180 days of

the filing of the complaint, or within 60 days after the filing of the

return of service or waiver of service of the last defendant,

whichever is earlier.

R. At least 21 days before the preliminary scheduling conference,

the parties shall conduct a conference pursuant to Fed.Civ. P. 26(f),

at the initiative of plaintiff’s counsel. If the parties agree at the

Rule 26(f) conference that the case should be assigned to the

Expedited Track, the parties shall prepare, at the initiative of

plaintiff’s counsel, and submit to the Court a proposed

“EXPEDITED TRACK SCHEDULING ORDER,” in the form set

forth in Appendix G hereto, reflecting the deadlines set forth in

subsection (iii) of this rule and certifying that the parties have

conferred in compliance with Rule 26(f). The proposed scheduling

order shall be sent in word processing format to the ECF mailbox

only (not the regular e-mail address) for the presiding Judge at

least 3 days before the preliminary scheduling conference. If the

Court approves and adopts the parties’ Expedited Track

assignment and proposed scheduling order, the Court will enter the

scheduling order and cancel the preliminary scheduling

conference. Any party may request, however, that the preliminary

scheduling conference not be canceled, regardless of the parties’

submission of a joint proposed scheduling order.

(ii) Expedited Track cases shall be managed according to the

following deadlines:

R. Initial disclosure deadline: 14 days after

submission of the proposed scheduling order;

S. Discovery cutoff: 180 days after service or waiver of

service of the first defendant; and

T. Dispositive motion deadline: 30 days after the

discovery cutoff.

(iii) Discovery in Expedited Track cases is limited to not more than 20

interrogatories per opposing side (subparts not permitted); 20

requests for admission per opposing side; 20 requests for

production per opposing side; and 5 depositions per opposing

side.

(iv) It is the expectation of the Court that a trial will be conducted in all

Expedited Track cases within one year after the filing of the

complaint and will require 1 to 3 days of trial.

(4) Standard Track.

(A) Assignment. Cases that do not meet the criteria of any other Track, or in

which the parties cannot reach agreement as to the appropriate Track,

are assigned to this track. The majority of civil cases will be assigned to

the Standard Track.

(B) Management.

(i) A preliminary scheduling conference, pursuant to Fed. R. Civ. P.

16, shall be scheduled by the presiding Judge with the scheduling

order to be issued within the earlier of 90 days after any defendant

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

has appeared, unless the Judge finds good cause for delay.

(ii) At least 21 days before the preliminary scheduling conference, the

parties shall conduct a conference pursuant to Fed.

R. Civ. P. 26(f), at the initiative of plaintiff’s counsel. If the

parties agree at the Rule 26(f) conference that the case should be

assigned to the Standard Track, the parties shall prepare, at the

initiative of plaintiff’s counsel, and submit to the Court a proposed

“STANDARD TRACK SCHEDULING ORDER,” in the form set

forth in Appendix H hereto, reflecting the deadlines set forth in

subsection (iv) of this rule and certifying that the parties have

conferred in compliance with Rule 26(f). The proposed scheduling

order shall be sent in word processing format to the ECF mailbox

only (not the regular e-mail address) for the presiding Judge at

least 3 days before the preliminary scheduling conference.

(iii) The preliminary scheduling conference shall be conducted by the

presiding Judge for all cases on the Standard Track, regardless of

submission by the parties of a joint proposed scheduling order.

The scheduling order shall be issued following such conference.

(iv) Standard Track cases shall be managed according to the following

deadlines:

(a) Initial disclosure deadline: 14 days after the

preliminary scheduling conference;

(b) Discovery cutoff: 300 days after service or waiver of

service of the first defendant; and

(c) Dispositive motion deadline: 30 days after the

discovery cutoff.

(v) If is the expectation of the Court that a trial will be conducted in all

Standard Track cases within two years after the filing of the

complaint and will require 3 to 10 days of trial.

(5) Complex Track.

(A) Assignment. Complex cases are those that require extensive judicial

involvement because of the number of parties, complexity of the issues,

scope of discovery, and/or other comparable factors and shall be so

designated by the presiding Judge and the parties.

(B) Management.

(i) A preliminary scheduling conference, pursuant to Fed. R. Civ. P.

16, shall be scheduled by the presiding Judge with the scheduling

order to be issued within the earlier of 90 days after any defendant

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

has appeared, unless the Judge finds good cause for delay.

(ii) At least 21 days before the preliminary scheduling conference, the

parties shall conduct a conference pursuant to Fed.

R. Civ. P. 26(f), at the initiative of plaintiff’s counsel. If the

parties agree at the Rule 26(f) conference that the case should be

assigned to the Complex Track, the parties shall prepare, at the

initiative of plaintiff’s counsel, and submit to the Court a

“COMPLEX TRACK SCHEDULING ORDER,” in the form set

forth in Appendix I hereto, certifying that the parties have

conferred in compliance with Rule 26(f). The proposed scheduling

order shall be sent in word processing format to the ECF mailbox

only (not the regular e-mail address) for the presiding Judge at least

3 days before the preliminary scheduling conference.

(iii) The preliminary scheduling conference shall be conducted before

the presiding Judge for all Complex Track cases, and a scheduling

order shall be issued following such conference.

(iv) The Court may, in its discretion or upon motion, set additional

scheduling and/or status conferences from time to time as

necessary to appropriately monitor the progress of the cases within

this Complex Track.

(v) It is the expectation of the Court that a trial will be conducted in all

Complex Track cases within three years after the filing of the

complaint and will require 10 or more days of trial.

(C) Multidistrict Litigation. An attorney filing a complaint, answer, or other

pleading involving a case which may involve multidistrict litigation, see

28 U.S.C. § 1407, shall, with the filing of the pleading, file in writing

with the Clerk of the Court and the presiding Judge a paper describing

the nature of the case and listing the title(s) and number(s) of any other

related case(s) filed in this or other jurisdictions.

(c) The presiding judge may direct at any time that a case be redesignated from one

Track to a different Track. The Court may, in its discretion, alter any of the

requirements set forth herein. Motions requesting extensions of time for discovery

must be made prior to expiration of the existing discovery period and will be granted

only in exceptional cases where the circumstances on which the request is based did

not exist or the attorney or attorneys could not have anticipated that such

circumstances would arise at the time the scheduling order was entered.