W.D. Wash. LCR 16

(a) Scheduling Conference or Joint Status Report

As soon as practicable after a case is filed, but no later than either the filing of the proof of

service on any defendant or the appearance of any defendant, the court shall order a scheduling

conference, or order the submission of a joint status report, or both, unless the judge finds good

cause for delay.

(1) Scheduling Conference. Counsel with principal responsibility for a case and all pro se

parties shall attend the scheduling conference. Counsel and all pro se parties shall be

prepared to discuss at the scheduling conference those matters listed in Fed. R. Civ. P.

16(c)(2) and 26(f) and LCR 26(f) and to state whether there is a significant possibility that

early and inexpensive resolution of the case would be fostered by any alternative dispute

resolution (“ADR”) procedure, as described in LCR 39.1 and 39.2. The parties should

identify any appropriate ADR procedure, and suggest at what stage of the case it should be

employed.

(2) Joint Status Report. In their joint status report, the parties must address all of the

topics set forth in Fed. R. Civ. P. 26(f)(3) and in LCR 26(f).

Parties should not include requests for relief from the court in the joint status report, and the

court typically will not rule on such requests. Rather, requests for relief should be contained in a

stipulated motion, where feasible, or in a motion.

(b) Scheduling Order; Exemption of Certain Types of Cases

(1) Scheduling Order. The court shall enter a written scheduling order as prescribed in

Rule 16(b) of the Federal Rules of Civil Procedure. The scheduling order shall include,

among other things, deadlines for the completion of discovery and the filing of dispositive

motions.

(2) Discovery Deadline. See LCR 26(d) and Fed. R. Civ. P. 26(d) regarding the timing

and sequence of discovery.

(3) Discovery Motions. Any motion to compel discovery shall be filed and served on or

before the discovery deadline or as directed by court order. The parties should refer to the

written scheduling order, as well as the assigned judge’s web page, for additional

information about whether they may present discovery disputes by informal means.

(4) Motions to Exclude Expert Testimony. Unless otherwise ordered by the court, parties

shall file any motion to exclude expert testimony for failure to satisfy Daubert v. Merrell

Dow Pharmaceuticals, Inc. and its progeny not later than the deadline to file dispositive

motions.

(5) Dispositive Motions. Not later than the deadline to file dispositive motions, unless

otherwise ordered by the court, parties shall file all motions to dismiss, motions for

summary judgment and other dispositive motions, together with supporting papers.

(6) Modifying a Schedule. The parties are bound by the dates specified in the scheduling

order. A schedule may be modified only for good cause and with the judge’s consent.

Mere failure to complete discovery within the time allowed does not constitute good cause

for an extension or continuance.

(7) Exemption of Certain Types of Cases. The court exempts certain types of cases from

the requirements of this local rule and of Fed. R. Civ. P. 16(b), including: any case exempt

from the initial disclosure requirements under Fed. R. Civ. P. 26, proceedings upon a

defendant’s default, bankruptcy proceedings before this court, condemnation cases,

forfeiture actions, and cases filed as miscellaneous matters before this court.

(c) Orders for Further Conference, Reports, or ADR Procedures

At any stage of the case, the court may do one or more of the following:

(1) schedule a conference for some or all of the purposes prescribed for the initial

scheduling conference;

(2) direct a written report from the parties as to the advisability of employing any ADR

procedure;

(3) direct the parties to participate in an ADR procedure; provided, that the court shall

order participation in an arbitration or a summary jury trial only with the agreement of all

parties.

(d) Later Recommendations of Parties for ADR Proceedings

As the case proceeds, if counsel for any party concludes that an ADR procedure would have a

significant possibility of fostering an early and inexpensive resolution of the case, that counsel

shall so advise the court and all other counsel in writing. Whenever possible, such reports should

be submitted jointly by counsel for all parties.

(e) Proposed Pretrial Order

The proposed pretrial order, bearing the signatures of counsel for each party, shall be filed 30

days prior to the scheduled trial date, unless otherwise ordered by the court. (See LCR 16.1 for

form of pretrial order)

(f) Reserved

(g) Reserved

(h) Plaintiff’s Pretrial Statement

Not later than 30 days prior to the date for filing the proposed pretrial order, counsel for

plaintiff(s) shall serve upon counsel for all other parties (but not file) a brief statement as to:

(1) Federal jurisdiction;

(2) Which claims for relief plaintiff intends to pursue at trial, stated in summary fashion;

(3) Relevant facts about which plaintiff asserts there is no dispute and which plaintiff is

prepared to admit;

(4) Issues of law;

(5) The names and addresses of all witnesses who might be called by plaintiff, and the

general nature of the expected testimony of each. As to each witness, plaintiff shall

indicate “will testify” or “possible witness only.” Rebuttal witnesses, the necessity of

whose testimony cannot reasonably be anticipated before trial, need not be named;

(6) A list of all exhibits which will be offered by plaintiff at the time of trial, except

exhibits to be used for impeachment only, and a statement of whether the plaintiff intends

to present exhibits in electronic format to jurors. The exhibits shall be numbered in the

manner required by the assigned judge during a pre-trial conference, in the applicable case

management order, or by other order. Further clarification may be obtained by reviewing

the assigned judge’s web page at http://wawd.uscourts.gov or, in the absence of guidance

in an order or on the web page, by contacting the assigned judge’s courtroom deputy.

(7) Any portions of deposition transcripts to be offered by plaintiff at trial, as specified in

LCR 32(e), except for deposition testimony offered solely for impeachment.

(i) Defendant’s Pretrial Statement

Not later than 20 days prior to the filing of the proposed pretrial order, each defense counsel shall

serve upon counsel for all other parties (but not file) a brief statement as to:

(1) Objections, additions or changes which defendant believes should be made to

plaintiff’s statement on federal jurisdiction and admitted facts;

(2) Which affirmative defenses and/or claims for relief defendant intends to pursue at

trial, stated in summary fashion;

(3) Objections, additions or changes which defendant believes should be made to

plaintiff’s statement of issues of law;

(4) The names and addresses of all witnesses who might be called by defendant, and the

general nature of the expected testimony of each. As to each witness, defendant shall

indicate “will testify” or “possible witness only.” Rebuttal witnesses, the necessity of

whose testimony cannot reasonably be anticipated before trial, need not be named;

(5) A list of all exhibits which will be offered by defendant at the time of trial, except

exhibits already listed by plaintiff and exhibits to be used for impeachment only, and a

statement of whether the defendant intends to present exhibits in electronic format to

jurors. All exhibits shall be numbered in the manner required by the assigned judge

during a pre-trial conference, in the applicable case management order, or by other order.

Further clarification may be obtained by reviewing the assigned judge’s web page at

http://wawd.uscourts.gov or, in the absence of guidance in an order or on the web page, by

contacting the assigned judge’s courtroom deputy.

No party is required to list any exhibit which is listed by another party.

(6) Any portions of deposition transcripts to be offered by defendant at trial, as specified

in LCR 32(e), except for deposition testimony offered solely for impeachment.

(j) Review of Exhibits

Each exhibit listed in the pretrial statement of a party shall be promptly made available for

inspection and copying upon request by counsel for any other party. Prior to the conference of

attorneys, counsel for each party shall review every exhibit to be offered by any other party, and

shall provide counsel for all other parties with a list stating whether, as to each exhibit, the party

will (1) stipulate to admissibility, (2) stipulate to authenticity but not admissibility, or (3) dispute

authenticity and admissibility.

(k) Conference of Attorneys

Not later than ten days prior to the filing of the proposed pretrial order, there shall be a

conference of attorneys for the purpose of accomplishing the requirements of this rule. It shall

be the duty of counsel for the plaintiff to arrange for the conference. The attorney principally

responsible for trying the case on behalf of each party shall attend the conference. Each attorney

shall be completely familiar with all aspects of the case in advance of the conference, and be

prepared to enter into stipulations with reference to as many facts, issues, deposition excerpts,

and exhibits as possible, and to discuss the possibility of settlement. At the conference, counsel

shall cooperate in developing a proposed pretrial order which can be signed by counsel for all

parties. Except in land condemnation cases, the order shall, insofar as possible, be in the form

set forth below in LCR 16.1. The parties’ witness lists may be on separate pages. Counsel shall

assemble a single pretrial order, properly paginated.

(l) Final Pretrial Conference

The court may, in its discretion, schedule a final pretrial conference. Counsel who will have

principal responsibility for trying the case for each party shall attend, together with any party

proceeding pro se. At the final pretrial conference, the court may consider and take action with

respect to:

(1) The sufficiency of the proposed pretrial order;

(2) Any matters which may be presented relative to parties, process, pleading or proof,

with a view to simplifying the issues and bringing about a just, speedy and inexpensive

determination of the case;

(3) In jury cases, whether the parties desire to stipulate that a verdict or a finding of a

stated majority of the jurors shall be taken as the verdict or finding of the jury;

(4) Requirements with respect to trial briefs;

(5) Requirements with respect to requests for instruction and suggested questions to be

asked by the court on voir dire in cases to be tried by jury;

(6) The number of expert witnesses to be permitted to testify on any one subject;

(7) The possibility of settlement; but nothing with respect thereto shall be incorporated in

the pretrial order, and any discussion with respect to settlement shall be entirely without

prejudice, and may not be referred to during the trial of the case or in any arguments or

motions.

(m) Other General Provisions

(1) In order to accomplish effective pretrial procedures and to avoid wasting the time of

the parties, counsel, and the court, the provisions of this rule will be strictly enforced.

Sanctions and penalties for failure to comply are set forth in LCR 11 and in the Federal

Rules of Civil Procedure.

(2) The court may, by order in a specific case, modify or forgo any of the procedures or

deadlines set forth in this rule.

(3) A party proceeding without counsel shall comply in all respects with obligations

imposed upon “counsel” under this rule.

(4) The full-time magistrate judges of this court are authorized to conduct pretrial

conferences, enter and modify scheduling orders, and perform all other functions

performed by district judges under Fed. R. Civ. P. 16 and this rule.