E.D. Wis. Civil L. R. 16

(a) Preliminary Pretrial Conferences.

(1) A judge may require the parties to appear to consider the future

conduct of the case. In categories of actions and proceedings not exempted

under subsection (a)(3) of this rule, the parties must be prepared to discuss the

matters enumerated in Fed. R. Civ. P. 16 and Fed. R. Civ. P. 26(f). The parties

also should be prepared to state:

(A) the nature of the case in 1 or 2 sentences;

(B) any contemplated motions;

(C) the parties’ discovery plan, including the amount of further

discovery each party contemplates, the approximate time for completion

of discovery, and any disputes regarding discovery;

(D) whether the parties anticipate the disclosure or discovery of

electronically stored information;

(E) whether the parties have reached an agreement for asserting

post-production claims of privilege or of protection as trial-preparation

material, and whether the parties request the judge to enter an order

including the agreement;

(F) whether settlement discussions have occurred;

(G) the basis for the Court’s subject matter jurisdiction;

(H) whether the case is included in one of the categories of

proceedings exempted from initial disclosures and discovery conference

pursuant to Fed. R. Civ. P. 26(a)(1)(B) and 26(f); appeals for review on

an administrative record are exempted from (C), (D) and (E) above; and

(I) such other matters as may affect further scheduling of the case

for final disposition.

(2) The judge may enter any orders necessary to aid in further

scheduling the action, including dates for further conferences, briefing,

schedules for motions, and cutoff dates for completing discovery. The judge also

may enter any orders permitted under Fed. R. Civ. P. 16, Fed. R. Civ. P. 26(f),

or Civil L. R. 26(e).

(3) Unless otherwise ordered by the judge, the categories of actions and

proceedings set forth in Fed. R. Civ. P. 26(a)(1)(B)(i)-(ix) are exempted from the

scheduling and planning requirements of Fed. R. Civ. P. 16(b).

(b) Final Pretrial Conference. The judge may require counsel to appear for

a final pretrial conference to consider the subjects specified in Fed. R. Civ. P. 16 or to

consider other matters determined by the judge. Unless excused by the judge,

principal trial counsel for each party must appear at the final pretrial conference.

(c) Pretrial Report.

(1) Unless otherwise ordered, each party must file a pretrial report at

least 14 days before the scheduled start of the trial or, if a final pretrial

conference is scheduled, 7 days before the final pretrial conference. The report

must be signed by the attorney (or a party personally, if not represented by

counsel) who will try the case. Sanctions, which may include the dismissal of

claims and defenses, may be imposed if a pretrial report is not filed. The report

must include the following:

(A) a short summary, not to exceed 2 pages, of the facts, claims,

and defenses;

(B) a statement of the issues;

(C) the names and addresses of all witnesses expected to testify.

Any witness not listed will not be permitted to testify absent a showing

of good cause;

(D) a statement of the background of all expert witnesses listed;

(E) a list of exhibits to be offered at trial sequentially numbered

according to General L. R. 26 where practicable;

(F) a designation of all depositions or portions of transcripts or

other recordings of depositions to be read into the record or played at

trial as substantive evidence. Reading or playing more than 5 pages

from a deposition will not be permitted unless the judge finds good

cause;

(G) an estimate of the time needed to try the case;

(H) if scheduled for a jury trial:

(i) any proposed voir dire questions;

(ii) proposed instructions on substantive issues; and

(iii) a proposed verdict form.

(I) if scheduled for a bench trial, proposed findings of fact and

conclusions of law (see Fed. R. Civ. P. 52).

(2) In addition to completing a pretrial report, counsel are expected to

confer and make a good faith effort to settle the case. Counsel are also expected

to arrive at stipulations that will save time during the trial.

(d) Alternative Dispute Resolution.

(1) Participation. Each judge may conduct an alternative dispute

resolution (ADR) evaluation conference during the early stages of case

development to determine whether a civil case is appropriate for ADR. This

conference may be held in conjunction with a pretrial conference or as a

separate conference. If the judge determines that a case is appropriate for

ADR, the judge may encourage the parties to participate in ADR before a

magistrate judge or an appropriate neutral evaluator.

(2) Exemptions. The following types of cases are exempt from this

procedure: administrative proceedings, including all Social Security cases;

habeas corpus cases or other proceedings to challenge a criminal conviction or

sentence; pro se prisoner litigation; actions by the United States to recover

benefit payments or to collect on a student loan guaranteed by the United

States; cases in which the only relief sought is an order compelling arbitration

or enforcing an arbitration award; actions to enforce or quash an

administrative summons or subpoena; proceedings ancillary to proceedings in

other Courts; and mortgage foreclosure actions in which an agency of the

United States is a secured party.

(3) Confidentiality. The Court, the neutral, all counsel and parties,

and any other persons attending an ADR session under these rules must treat

as confidential all written and oral communications made in connection with

or during any ADR session. Except to the extent otherwise stipulated or

ordered, the disclosure of any written or oral communication made by any

party, counsel, or other participant in connection with or during any ADR

session is prohibited. ADR proceedings pursuant to these rules must be treated

as compromise negotiations for purposes of the Federal Rules of Evidence and

state rules of evidence.

(4) Early Neutral Evaluation. Early Neutral Evaluation (ENE) is a

procedure in which the parties and their counsel, early in the case after an

opportunity for limited discovery, meet with a neutral evaluator who is

knowledgeable in the subject matter. The purpose is to reduce the cost and

duration of litigation by providing an early opportunity for the parties to obtain

a neutral evaluation of their case and to engage in meaningful settlement

negotiations.

(A) Cases Subject to ENE. Any civil case may be referred to

ENE if all parties agree. A case may be selected for ENE at the

preliminary pretrial conference held pursuant to Civil L. R. 16(a), or at

any other time by stipulation of the parties.

(B) ENE Process. Within 30 days of the case being referred to

ENE, the neutral evaluator, an experienced attorney with expertise in

the subject matter of the case, hosts a confidential and informal meeting

of clients (companies are to be represented by someone knowledgeable

about the case and with full settlement authority) and lead counsel at

which each side, through counsel, clients or witnesses, presents evidence

and arguments supporting its case (without regard to the rules of

evidence and without direct or cross-examination of witnesses). The

neutral evaluator identifies areas of agreement, clarifies and focuses the

issues and encourages the parties to enter into procedural and

substantive stipulations. The neutral evaluator in private prepares an

evaluation that includes an assessment of the case, the reasoning that

supports the assessment, and, where feasible, an estimate of the

likelihood of liability and range of damages. Before the neutral evaluator

provides the evaluation to the parties, the parties may engage in

settlement discussions facilitated by the neutral evaluator. If settlement

does not result, the neutral evaluator will present the parties with the

evaluation. The neutral evaluator’s evaluation is not shared with the

trial judge.

(C) Preservation of Right to Trial. The neutral evaluator has

no power to impose settlement. The confidential evaluation is

nonbinding. If no settlement is reached, the case remains on the

litigation track.

(D) The Neutral Evaluator. The neutral evaluator must have

experience in the substantive legal area of the lawsuit. The parties must

attempt to agree upon a neutral evaluator. If the parties cannot agree

upon a neutral evaluator, the trial judge will appoint an available

neutral evaluator. The trial judge may, but is not required to, appoint

one of the magistrate judges of this District as the neutral evaluator.

(E) Compensation of Neutral Evaluators. Neutral evaluators

volunteer their preparation time and the first four hours in an ENE

session. After four hours in an ENE session, the neutral evaluator may

either (1) continue to volunteer his or her time, or (2) give the parties

the option of concluding the session or paying the neutral evaluator for

additional time at 60% of the neutral evaluator’s standard hourly billing

rate, to be split equally among the parties unless they agree to a

different apportionment. The ENE session will continue only if all

parties and the neutral evaluator agree. After eight hours in one or more

ENE sessions, if all the parties agree that further assistance of the

neutral evaluator is desired, the neutral evaluator may charge his or her

standard hourly billing rate or such other rate that is acceptable to the

neutral evaluator and all parties.