Effective June 1, 2006

LR 42 COMPLEX OR RELATED CASES (See Fed. R. Civ. P. 42)

LR 42.1 Reference to The Manual for Complex Litigation

Unless otherwise directed by the Court, consolidation and case management of complex or related cases will usually be governed by the principals set forth in The Manual for Complex Litigation, Third.

Practice Tip

1. This manual is published by The Federal Judicial Center and may be purchased from the U.S. Government Printing Office: 1995 — 395 — 123 / 30538.

2. The manual is also available on-line at www.fjc.gov/. Click on Publications.

LR 42.2 Responsibilities of Counsel

It is the responsibility of counsel to identify complex or related cases and to bring the matter promptly to the attention of the Court.

LR 42.3 Notice of Complex Case

Any party may suggest the need for adopting special procedures to help manage complex, protracted, or otherwise potentially difficult cases. Where appropriate, such a suggestion may be raised by letter served on all parties and delivered to the Court, or during any court conference or hearing.

LR 42.4 Related Cases

For good cause shown, any party may file and serve a motion to consolidate, or oppose consolidation, of related cases. When a party seeks or opposes consolidation of two or more cases, the motion or opposition must be filed in each case to be consolidated. Each motion or opposition must include:

(a) The case number, case title, and assigned judge of every related case pending in the District of Oregon.

(b) The case number, case title, assigned judge, and court location of every other related case pending in any other state or federal court.

(c) The common question of law or fact at issue in each case.

(d) The status in each case of all pending motions, Court imposed deadlines, case management schedules, trial dates, etc..

(e) The reason that the cases should be reassigned and managed by a single judicial officer.

(f) The position of the other parties, if known.

(g) The scope of consolidation requested, e.g., for hearing on a motion; for pretrial and discovery; or for all further proceedings, including trial.

LR 42.5 Document Caption Requirements After Consolidation

(a) Designation of Lead Case

Unless otherwise directed by the Court, the earliest filed consolidated case will be designated as the lead case for administrative control and case management purposes.

(b) Identifying Lead Case Information on Consolidated Case Papers

Unless otherwise directed by the Court, parties will continue to file pleadings, motions and other case papers in their individual cases; however, the case number of the lead case and the words RELATED CASE must be included in the document title of every document.

Practice Tip

For example, if a party files a motion in 04-CV-1111-RE, and that case is related and consolidated with 04-CV-999-RE — then the document title for the motion in 04-CV-1111-RE would read beneath the heading: Related Case to 04-CV-999-RE (Lead Case) PLAINTIFF JOHN SMITH'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS

(c) Procedural Case Management Order

Once a case is consolidated by the Court, the assigned judge will enter a new case management order to control discovery, submission of pleadings and documents, and other pretrial and trial related matters.