RULE 1.1 TITLE

These rules shall be known as Local Rules of the United States District Court for the District of Massachusetts and cited as "L.R., D. Mass." or "L.R."

RULE 1.2 APPLICATION

(a) In General. These local rules shall apply to all proceedings in the United States District Court for the District of Massachusetts.

(b) Cases Pending When Rules Adopted and Amended. These rules became effective in this form on September 1, 1990, and have been amended from time to time thereafter. They shall, except as applicable time periods may have run, govern all actions and proceedings pending on or commenced after the date of adoption or amendment. Where justice so requires, proceedings in designated cases or other matters before the court on the effective date of the adoption or amendment of these rules shall be governed by the practice of the court before the adoption of these rules.

RULE 1.3 SANCTIONS

Failure to comply with any of the directions or obligations set forth in, or authorized by, these rules may result in dismissal, default, or the imposition of other sanctions as deemed appropriate by the judicial officer.

RULE 16.1 EARLY ASSESSMENT OF CASES

(a) Scheduling Conference in Civil Cases. In every civil action, except in categories of actions exempted by L.R. 16.2 as inappropriate for scheduling procedures, the judicial officer shall convene a scheduling conference as soon as practicable, but in any event within 60 days after the appearance of a defendant and within 90 days after the complaint has been served on a defendant. In cases removed to this court from a state court or transferred from any other federal court, the judicial officer shall convene a scheduling conference within 60 days after removal or transfer.

(b) Obligation of Counsel to Confer. Unless otherwise ordered by the judicial officer, counsel for the parties must, pursuant to Fed. R. Civ. P. 26(f), confer at least 21 days before the date for the scheduling conference for the purpose of:

(1) preparing an agenda of matters to be discussed at the scheduling conference,

(2) preparing a proposed pretrial schedule for the case that includes a plan for discovery, and

(3) considering whether they will consent to trial by magistrate judge.

(c) Settlement Proposals. Unless otherwise ordered by the judicial officer, the plaintiff shall present written settlement proposals to all defendants no later than 14 days before the date for the scheduling conference. Defense counsel shall have conferred with their clients on the subject of settlement before the scheduling conference and be prepared to respond to the proposals at the scheduling conference.

(d) Joint Statement. Unless otherwise ordered by the judicial officer, the parties are required to file, no later than 7 days before the scheduling conference and after consideration of the topics contemplated by Fed. R. Civ. P. 16(b), 16(c), and 26(f), a joint statement containing a proposed pretrial schedule, which shall include:

(1) a joint discovery plan scheduling the time and length for all discovery events, that shall

(a) conform to the obligation to limit discovery set forth in Fed. R. Civ. P. 26(b), and

(b) take into account the desirability of conducting phased discovery in which the first phase is limited to developing information needed for a realistic assessment of the case and, if the case does not terminate, the second phase is directed at information needed to prepare for trial; and

(2) a proposed schedule for the filing of motions; and