3.4 Rule 16(b) Conference (and Rule 16(b) Scheduling Order)

LibraryFederal Civil Practice in Virginia (Virginia CLE) (2023 Ed.)

3.4 RULE 16(b) CONFERENCE (AND RULE 16(b)
SCHEDULING ORDER)

3.401 Eastern District.

A. Alexandria Division.

A magistrate judge will preside and will address any case-specific issues in the discovery plan. If an agreed upon joint discovery plan is submitted, the judges frequently dispense with the conference.

The magistrate judge will issue a Fed. R. Civ. P. 16(b) scheduling order, which will:

1. Set out a discovery plan or attach the plan agreed to by parties;
2. Confirm the discovery cutoff date set forth in the court's initial order and recite the date for F ed. R. Civ. P. 26(a)(1) disclosures agreed to by parties and set dates for F ed. R. Civ. P. 26(a)(1) disclosures for parties who have not yet appeared;
3. Require that all motions, except for summary judgment, shall be noticed for hearing on the earliest possible Friday before the pretrial conference. Dispositive motions and motions for patent claim construction shall be filed and briefed according to the schedule set forth in E.D. V a. Civ. R. 7(F)(1) and (K), and in any event at least 21 days before the hearing date, unless the parties waive the additional time provided by F ed. R. Civ. P. 6(d).
Nondispositive motions must be filed and served by 5 p.m. the Friday before the Friday hearing for which they are noticed, with responses due not later than 5 p.m. the Wednesday before the hearing. Any reply should be filed and served as early as possible on Thursday to give the court time to review all the pleadings before the hearing.
The rule in the F ed. R. Civ. P. 16(b) scheduling order that nondispositive motions be filed and served by 5 p.m. the Friday before the Friday hearing is unique to the Alexandria Division.
4. Require that, without leave of court, all F ed. R. Civ. P. 12 issues shall be raised in one pleading. Similarly, unless court permission is obtained in advance, all summary judgment issues must be presented in the same pleading;
5. Require that all motions must adhere to the page limits set in E.D. V a. Civ. R. 7(F)(3). No pleading shall be in type less than 10 pitch Courier style or 12 point Roman style;
6. Require that depositions, interrogatories, requests for documents and admissions, and answers thereto shall not be filed except on order of the court or for use in any motion or at trial;
7. Require that in nonjury cases, counsel shall file with the clerk at the beginning of trial written proposed findings of fact and conclusions of law. In jury cases, proposed jury instructions and
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