United States District Court, D. Montana, Missoula Division
W. MOLLOY, DISTRICT JUDGE.
to Federal Rules of Civil Procedure 16(b) and 26(f) and Local
Rules 16.1, 16.2, & 26.1, IT IS ORDERED:
Responsibility of Plaintiff's Counsel. This
Order is issued at the outset of the case, and a copy is
delivered by the Clerk of Court to counsel for the plaintiff.
The plaintiffs counsel is directed to serve a copy of this
Order to each other party within ten (10) days after
receiving notice of that party's appearance. The
plaintiffs case may be dismissed without prejudice if the
plaintiff fails to serve opposing counsel with this Order.
Preliminary Pretrial Statement. Counsel for the
respective parties shall file and serve on all parties a
written preliminary pretrial statement on or before July 23,
2019. The statement shall address all matters listed in L.R.
Vaughn Index. The government shall prepare
and file with the Court, no later than July 23, 2019, a
Vaughn index identifying the documents withheld, the
FOIA exemptions claimed, and a particularized explanation of
why each document falls within the claimed exemption. See
Wiener v. FBI, 943 F.2d 972 (9th Cir. 1991); Vaughn
v. Rosen, 484 F.2d 820 (D.C. Cir. 1973).
Rule 26(f) Conference and Case Management Plan. The
parties shall file a proposed case management plan on or
before August 9, 2019. The parties shall e-mail a copy of the
proposed case management plan in Word format to
firstname.lastname@example.org. Lead trial counsel for the
respective parties shall, at least two weeks before the
proposed case management plan is due, meet to discuss the
nature and basis of their claims and defenses, to develop the
proposed case management plan, and to discuss the
possibilities for a prompt settlement or resolution of the
case. See Fed. R. Civ. P. 1. The case management
plan resulting from the Rule 26(f) conference is not subject
to revision, absent compelling reasons.
Contents of Case Management Plan. The proposed case
management plan should contain deadlines for the following
pretrial motions and events or should state that such
deadlines are not necessary:
Motions to Dismiss (fully briefed)
Certification of Administrative Record
Motions to Supplement the Administrative Record
Motions to Amend the Pleadings
Completion of Discovery
Motions for Summary Judgment (fully briefed)
Additional Deadlines Agreed to by the ...