1039 Adoption of rule of civil procedure; no. 94-CIV.102

Title 255—LOCAL
COURT RULES

LACKAWANNA COUNTY

Adoption of Rule of Civil Procedure; No. 94-CIV.-102

[41 Pa.B. 3184]
[Saturday, June 25, 2011]

Order

 And Now, this 3rd day of June, 2011, it is hereby Ordered and Decreed that the following Lacka. Co. R.C.P. 4000.2 is adopted to govern the management of civil cases in the Court of Common Pleas of Lackawanna County.

 The adoption of Lacka. Co. R.C.P. 4000.2 shall become effective thirty (30) days from the date of its publication in the Pennsylvania Bulletin pursuant to Pa. R. Civ. P. 239. The Lackawanna County Court Administrator shall file seven (7) certified copies of the new Local Rule with the Administrative Office of the Pennsylvania Courts and shall forward two (2) certified copies of the same to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. One certified copy of the Lacka. Co. R.C.P. 4000.2 shall be filed with the Civil Procedural Rules Committee for the Supreme Court of Pennsylvaniaand new Local Rule 4000.2 shall be available for public inspection and copying in the Clerk of Judicial Records, Civil Division.

By the Court

THOMAS J. MUNLEY, 
President Judge

Rule 4000.2. Case Management Proposal.

 With the exception of medical malpractice cases, and upon closure of the pleadings, the Plaintiff(s) shall complete and forward to all Parties a Case Management Proposal in substantial compliance with Form 8 in the attached appendix. The Case Management Proposal shall set forth proposed deadlines for the completion of discovery, exchange of expert reports, and the filing of dispositive motions.

 If the Plaintiff(s) has not received any objections to the Case Management Proposal within fifteen (15) days of mailing, the Plaintiff(s) shall submit the Proposal to the Lackawanna County Discovery Master for approval. If a Party objects to the Proposal, and the Parties are otherwise unable to agree, and upon appropriate notice as outlined in Lacka. Co. R. Civ. P. 208.2(f), the Proposal shall be submitted to the Discovery Master for resolution.

 If the Plaintiff(s) shall fail to complete and forward a Case Management Proposal within thirty (30) days of the closure of the pleadings, nothing in this Rule shall preclude an Opposing Party from submitting a Case Management Proposal in compliance with this Rule.

Explanatory Comment

 ''Closure of the Pleadings'' shall mean when all of the Parties have filed a Responsive Pleading in the form of an Answer, and a Reply to New Matter, if any.

 Nothing in this Rule shall preclude a Party from seeking an Amendment to the Case Management Schedule upon good cause shown. Nothing shall preclude the Trial Court to Amend the Case Management Schedule upon request of a Party and upon good cause shown.

FORM 8

PLAINTIFF	:	IN THE COURT OF COMMON PLEAS
	:	OF LACKAWANNA COUNTY
-VS-	:
DEFENDANT		_____ - CIV. - _____
	:

CASE MANAGEMENT PROPOSAL

 Now comes, _____ , for and on behalf of _____ , and hereby submits for approval the following case management deadlines, pursuant to Lacka. Co. R. Civ. P. _____ :

 A. All Discovery shall conclude on or before _____ ;

 B. Plaintiff(s) shall exchange with the Defendant(s) all Expert Reports on or before _____ ;

 C. Defendant(s) shall exchange with Plaintiff(s) all Expert Reports on or before _____ ;

 D. Plaintiff(s) shall exchange with the Defendant(s) all Rebuttal Reports on or before _____ ;

 E. Dispositive Motions shall be filed on or before ______ .

CERTIFICATION

 I hereby certify that the aforementioned Proposal has been forwarded to all Parties on ______ , at least fifteen (15) days have elapsed, and no Party has objected to the Case Management Proposal.

 _________________
(MOVING PARTY)        

Order

 And Now, this ____ day of _____ , 20__ , it is hereby Ordered and Decreed that the aforementioned Proposal is hereby Adopted as an Order of Court.

 _________________
JUDGE/DISCOVERY MASTER  

[Pa.B. Doc. No. 11-1039. Filed for public inspection June 24, 2011, 9:00 a.m.]