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Tuesday, March 19, 2024

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Hon. Michael McShane, Chief Judge

Melissa Aubin, Clerk of Court

Timetable for Lawyers

This Timetable was prepared by the Court's Local Rules Advisory Committee.  It is to be used as a supplemental guide to the Time Table for Lawyers included with the published version of the Federal Rules of Civil Procedure.  This timetable summarizes the unique time limits imposed by the local rules of practice of this District Court.  The user should always consult the actual text of the appropriate federal or local rule or statute.

After Hours Filings (See LR 77-2)

  • Statute of Limitations or Other Provisional Process Issues (LR 77-2(a)): When it is necessary to file a hard copy of time-sensitive matters after normal business hours, the filing party must notify the resident Clerk's Office during normal business hours to make arrangements.
  • Late Filings of Materials Relating to Court Imposed Deadlines (LR 77-2(b)): Unless directed by the Court, the Clerk's Office will not remain open after normal business hours to receive a party's paper filing of a non-statute of limitations related document.

Alternative Dispute Resolution (ADR) (See LR 16-4)

  • ADR Conference Requirements (LR 16-4(c)): Within 120 days from the initiation of the lawsuit, counsel must confer with all other attorneys and all unrepresented parties about ADR options.
  • Joint ADR Report (LR 16-4(d)): Within 150 days of the initiation of the lawsuit, the parties must file a Joint ADR Report.  (See the "Joint ADR Report" form available on the Court's website.)
  • Notice of Private ADR Settlement or After Failure to Achieve a Settlement (LR 16-4(h)(1)): Not later than seven days after the conclusion of private ADR, plaintiff's attorney will notify the Court in writing of the results.

Attorney Fees (See LR 54-3)

  • Motion for Award of Attorney Fees (LR 54-3(a) and Fed. R. Civ. P. 54(d)(2)): Unless otherwise ordered by the Court or statute, must be filed not later than 14 days after the entry of judgment, or receipt and docketing of the appellate court's mandate, and filed concurrently with any bill of costs. (See also LR 54-1(a)(1).)
  • Objections (LR 54-3(b)): Must be filed not later than 14 days after service of the motion.  Replies, if any, must be filed not later than 14 days after service of the objection.

Bill of Costs (See LR 54-1)

  • Bill of Costs (LR 54-1(a)(1)): Must be filed not later than 14 days after the entry of judgment, or receipt and docketing of the appellate court's mandate.
  • Objections (LR 54-1(b)): Must be filed not later than14 days after service of the Bill of Costs.
  • Objections to the Clerk's Order Taxing Costs (LR 54-2(b)): Must be filed not later than 14 days after the filing of the order.

Compel (See LR 37)

  • Compliance with Order (LR 37-2): Unless otherwise directed by the Court, compliance must be within 14 days after entry of the order.

Discovery Completion (See LR 16-1(d))

  • The Clerk's Office will issue a scheduling order as appropriate for the case.  The Discovery and Pretrial Scheduling Order issued at the time of case initiation provides for discovery to be completed within 120 days from the date of the Order. (See "Discovery and Pretrial Scheduling Order" form.)

Discovery Provisions (See LR 26)

  • Initial Conference of Counsel for Discovery Planning (LR 26-1): Unless exempted or otherwise ordered by the Court, within 30 days after a defendant files a responsive pleading or a motion under Fed. R. Civ. P. 12, the parties must hold an initial conference for discovery planning.

Dismissals (See LR 41)

  • Involuntary Dismissal (LR 41-2(b)): Not later than seven days prior to the hearing date, each party will file and serve statements describing the status of the action or proceedings to date; and whether good cause exists to dismiss the action or proceeding for failure to prosecute.
  • Voluntary Dismissal (LR 41-1(a)): Immediately upon reaching substantial agreement about the terms and conditions of a settlement, plaintiff's counsel must notify the courtroom deputy clerk for the assigned judge.

Electronic Filings (See LR 5)

  • Judge's Paper Copy Requirements (LR 5-8): A paper copy of electronically filed documents set out in LR 5-8 and the Notice of Electronic Filing must be marked as a "JUDGE'S COPY" and must be delivered to the Clerk's Office within three business days.
  • Electronic Filing Deadlines (LR 5-3(b)): The filing deadline for any document is 11:59 p.m. (Pacific Time) on the day the document is required to be filed.

Exhibits (See LR 77-6)

  • Disposition of Unclaimed Exhibits (LR 77-6(b)): Unless otherwise ordered by the Court, exhibits not withdrawn within 60 days after notice, may be destroyed or otherwise disposed of by the clerk.  (See also LR 77-5.)

Mediation (See LR 16-4(f))

  • Failure to Select a Court-sponsored Mediator (LR 16-4(f)(2)(B)): If the parties cannot agree upon a mediator within 14 days after entry of the order, each party will submit its list of three acceptable mediators to the assigned judge, who will then designate a mediator.

Pretrial Order (See LR 16-5)

  • Service and Filing of a Proposed Pretrial Order (LR 16- 5(c)(1)):  Unless modified by the Court, the plaintiff will, at least 30 days before the filing date, prepare and serve on all parties a proposed pretrial order.
  • Objections, Additions, and Changes (LR 16-5(c)(2)): Within 14 days after service of the proposed pretrial order, each party will serve on all parties the objections, additions, and changes such party believes should be made to the proposed pretrial order.
  • Filing with the Court (LR 16-5(a) and (c)(4)):  The proposed pretrial order must be signed by the parties, and the plaintiff must file it with the Court on or before the date ordered by the Court.  The proposed order will also be submitted via e-mail to the Court (See LR 5-9(c) and Practice Tip).

Reply (See LR 7)

  • Motions Filed Pursuant to Fed. R. Civ. P. 56 (LR 7-1(f)(2)): Unless otherwise ordered by the Court, a party must file and serve any reply to the response within 14 days after service of the response.
  • Motions Other Than Motions Filed Pursuant to Fed. R. Civ. P. 56 (LR 7-1(e)(2)): A party must file and serve any allowable reply to a response within 14 days after service of the response.
  • Discovery Motions (LR 26-3(c)): Unless otherwise directed by the Court, replies to discovery motions are not permitted.
  • Motions to Strike (LR 56-1(b)): Unless otherwise directed by the Court, replies to motions to strike are not permitted; rather, a party may assert evidentiary objections in its response or reply memorandum.

Response (See LR 7)

  • Motions Filed Pursuant to Fed. R. Civ. P. 56 (LR 7-1(f)(1)): A party must file and serve any response within 21 days after service of the motion.
  • Motions Other Than Motions Filed Pursuant to Fed. R. Civ. P. 56 (LR 7-1(e)(1)): A party must file and serve any response within 14 days after service of a motion.
  • Response to Order to Show Cause: (LR 83-6(b)(3)): Within 21 days from the date of the Order to Show Cause.

Suspension or Disbarment (See LR 83-6)

  • Duty of Counsel to Notify the Court (LR 83-6(a)): Every attorney must notify the Clerk, Chief Judge, and the assigned judge in writing within 14 days.
  • Response to Order to Show Cause: (LR 83-6(b)(3)): Must be filed within 21 days from the date of the Order to Show Cause.
  • Final Order for Disciplinary Action (LR 83-6(b)(4)): Will be entered at the conclusion of any hearing, or within 21 days if no response is filed by the attorney.

Waiver of Service of Summons (See LR 4-4)

  • Return Requirements (LR 4-4(a)): Unless otherwise permitted by the Court, the waiver should be returned 30 days from the date on which the request is sent, or 60 days from the date if the defendant is addressed outside any judicial district of the United States.

Status of Matters Requiring Court Action

Attorneys may inquire at any time regarding the status of any matters pending before the Court. Contact information is available on the Court's website.

LR 1 - Scope and Purpose

LR 3 - Commencement of Action

LR 4 - Summons

LR 5 - Service and Filing of Pleadings and Papers

LR 5.2 - Redaction of Filings

LR 6 - Computing Time After Service

LR 7 - Motions Practice

LR 7.1 - Disclosure Statement

LR 10 - Form of Pleadings and Other Documents

LR 11 - Signature Requirements

LR 15 - Amended and Supplemental Pleadings

LR 16 - Pretrial Conferences, Scheduling, and Case Management

LR 17 – Claims Involving Protected Persons Under Fed. R. Civ. P. 17(c)

LR 23 - Class Actions

LR 26 - Discovery

LR 27 - Depositions: Before Action or Pending Appeal

LR 28 - Depositions in a Foreign Country

LR 29 - Stipulations About Discovery Procedure

LR 30 - Depositions

LR 33 - Interrogatories

LR 34 - Requests for Production

LR 36 - Requests for Admission

LR 37 - Motions to Compel

LR 38 - Right to a Jury Trial

LR 40 - Scheduling Cases for Trial

LR 41 - Dismissal of Action

LR 42 - Consolidation; Separate Trials

LR 45 - Subpoena

LR 47 - Selecting Jurors

LR 48 - Jurors and Participation in the Verdict

LR 51 - Instructions to the Jury

LR 54 - Bill of Costs and Attorney Fees

LR 55 - Default

LR 56 - Summary Judgment

LR 65 - Injunctions and Restraining Orders

LR 65.1 - Securities and Sureties

LR 67 - Deposits in Court

LR 68 - Offer of Judgment

LR 72 - Magistrate Judges: Pretrial Order

LR 73 - Magistrate Judges: Trial by Consent

LR 77 - Conducting Business; Clerk's Authority; Notice of an Order or Judgment

LR 79 - Records Kept by the Clerk

LR 81 - Habeas Corpus Petitions

LR 83 - Rules and Directives - By the District Court

LR 100 - Rule Governing CM/ECF: Case Management and Electronic Case Filing - Practices

Timetable for Lawyers