`Case 3:21-cv-16766-MAS-DEA Document 11 Filed 12/15/21 Page 1 of 3 PageID: 86
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`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
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`Addendum to Notice of Hearing Type: Initial Scheduling Conference
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`INSTRUCTIONS:
`ORDERED THAT: (1) Prior to the initial scheduling conference, all counsel,
`including individuals who are appearing on his/her own behalf (or “Pro Se”), confer to
`agree on a joint discovery plan. SEE LOCAL CIVIL RULE 26.1(b); (2) Not later than
`seven (7) days prior to the above conference, the joint discovery plan, and any disputes
`regarding it be submitted to the undersigned. SEE LOCAL CIVIL RULE 26.1(b); (3) At
`the above conference, all parties who are not appearing pro se be represented by counsel
`who shall have full authority to bind their clients in all pretrial matters. SEE LOCAL
`CIVIL RULE 16.1(a); (4) Plaintiff(s) notify any party who hereafter enters an appearance
`of the above conference and forward to that party a copy hereof; and (5) The parties are to
`advise the Court immediately if this action has been settled or terminated so that the above
`conference may be cancelled.
`Finally, counsel and litigants are advised that, pursuant to Fed. R. Civ. P. 26, 30 and
`33 early disclosure requirements and limitations on depositions/interrogatories will be
`enforced. Therefore, pursuant to the early disclosure requirements, counsel shall exchange
`the following information without formal discovery requests:
` identities of individuals with knowledge of disputed facts;
`(i)
`documents and things in the possession of counsel or the parties
`(ii)
`regarding the disputed issues;
`insurance agreements in force; and
`(iii)
`statement of the basis for any damages claimed;
`(iv)
`and it is further
`ORDERED that the meeting of parties required by Fed. R. Civ. P. 26(f) shall take
`place within 14 days of the date of this Order;
`and it is further
`ORDERED that upon the entry of appearance of any new and/or additional counsel
`subsequent to the date of this Order, plaintiff’s counsel shall send a copy of this Scheduling
`Order to the newly appearing attorneys(s), but on any third party claim, the counsel for the
`third party plaintiff shall send a copy of this Order to the newly entering counsel for third
`party defendant(s).
`ORDERED that all parties shall confer to agree and submit a JOINT
`DISCOVERY PLAN to the Magistrate Judge not less than seven (7) days prior to the
`above-stated conference date, as required by Local Civil Rule 26.1(b) of this court. The
`conference date should appear on the caption of the Joint Discovery Plan, which shall
`include at a minimum, the following items: (1) a brief factual statement of the claims or
`defenses in the action, as well as a brief statement of the legal issues in the case; (2) a
`description of all discovery conducted by the parties to date; (3) a description of all
`discovery problems encountered to date, the efforts undertaken by the parties to remedy
`these problems, and the parties suggested resolution of the problems; (4) a description of
`the parties further discovery needs; (5) the parties estimate of the time needed to complete
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`Case 3:21-cv-16766-MAS-DEA Document 11 Filed 12/15/21 Page 2 of 3 PageID: 87
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`discovery; (6) a statement regarding whether expert testimony will be necessary, and the
`parties anticipated schedule for retention of experts and submission of their reports; (7) a
`statement regarding whether there should be any limitation placed upon use of any
`discovery device and, if so, the reasons the limitation is sought; (8) a description of any
`special discovery needs of the parties (e.g., videotape/telephone depositions, problems with
`out-of-state witnesses or documents, or discovery of digital information). See, L. CIV. R.
`26.1 (d).
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`Sanctions may be imposed pursuant to F ED. R. CIV. P. 16(f) if counsel or an
`individual unrepresented by counsel either fails to appear at the conference or appears
`unprepared. Each litigant attending the conference shall be fully familiar with the file, and
`have authority to bind their clients in all pretrial matters.
` /s/ Douglas E. Arpert
`HONORABLE DOUGLAS E. ARPERT
`UNITED STATES MAGISTRATE JUDGE
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`Case 3:21-cv-16766-MAS-DEA Document 11 Filed 12/15/21 Page 3 of 3 PageID: 88
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`ALTERNATIVE DISPUTE RESOLUTION
`IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
`NEW JERSEY
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`Mediation is the Alternative Dispute Resolution (ADR) program in this Court. Mediation
`is governed by
`1. Local Civil Rule 301.1. The mediation program under this rule is supervised by a
`judicial officer (currently United States Magistrate Judge Madeline Cox Arleo) who is
`available to answer any questions about the program.
`Any district judge or magistrate judge may refer a civil action to mediation. This may be
`done without the consent of the parties. However, the Court encourages parties to confer among
`themselves and consent to mediation. Moreover, you are reminded that, when counsel confer
`pursuant to Rule 26(f) of the Federal Rules of Civil Procedure and Local Civil Rule 26.1, one of
`the topics that must be addressed is the eligibility of a civil action for participation in ADR.
`A civil action may be referred to mediation at any time. However, one of the advantages
`of mediation is that, if successful, it enables parties to avoid the time and expense of discovery
`and trial. Accordingly, the Court encourages parties to consent to mediation prior to or at the
`time that automatic disclosures are made pursuant to Rule 26(a)(1) of the Federal Rules of
`Civil Procedure.
`If parties consent to mediation, they may choose a mediator either from the list of
`certified mediators maintained by the Court or by the selection of a private mediator. If a civil
`action is referred to mediation without consent of the parties, the judicial officer responsible for
`supervision of the program will select the mediator.
`Mediation is non-judgmental. The role of the mediator is to assist the parties in reaching a
`resolution of their dispute. The parties may confer with the mediator on an ex parte basis.
`Anything said to the mediator will be deemed to be confidential and will not be revealed to
`another party or to others without the party’s consent. The mediator’s hourly rate is $300.00,
`which is borne equally by the parties.
`If you would like further information with regard to the mediation program please review
`the Guidelines for Mediation, Appendix Q to the Local Civil Rules. You may also make inquiries
`of the judicial officer responsible for supervision of the program.
`Civil actions in which there are pro se parties (incarcerated or not) are not eligible for
`mediation.
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