On Friday, April 24, Chief Judge Pallmeyer entered a Third Amended General Order updating the first two (which extended all civil deadlines 21 days and than an additional 28 days, respectively) and further addressing the “Coronavirus COVID-19 public Emergency.” Beyond setting out the further extension and addressing hearings, settlement conferences and trials, the biggest change in the third general order is the paragraph 5 requirement that for any case in which no docket entry or order has been posted by the assigned judge since March 16 (unless the assigned judge’s webpage instructs otherwise), the parties file a joint written status report by May 18 addressing:
- the progress of discovery;
- the status of briefing on any open motions;
- settlement efforts;
- an agreed or alternate proposed schedules covering the next 45 days;
- an agreed or alternate discovery or dispositive motion schedule to the extent necessary;
- seeking any agreed action the court can take without a hearing; and
- stating whether there is a “necessary and time urgent” need for a telephonic hearing.
The Court also ordered as follows:
- For all civil cases, all case deadlines whether set by the Federal Rules, Local Rules, Court order or Executive Committee order are extended by 28 days. For deadlines set before the first Order, deadlines have been moved a total of 77 days. Deadlines set between the second and third orders are only moved 28 days. The Order notes that the Court is accessible by ECF and, in “emergency” situations by phone or video.
- Civil hearings and settlement conferences set on or before May 29 are stricken, and will be reset by the presiding judge on or after June 1. Parties can seek a telephonic hearing or settlement conference, but are warned not to do so seeking a “routine” status hearing. Such requests should “speicfy the need and time urgency for the telephonic hearing or conference.”
- Civil jury trials set on or before June 26 are stricken to be reset by the presiding judge on or after June 29.
- The Order does not impact deadlines to appeal district court orders. But the Court held that if an extension request was timely filed, the current situation was good cause for timely motions.
- The Clerk’s offices are closed to public entry through May 29.
- Local Rule 5.2(f) requiring courtesy copies in certain instances is suspended for all filings through June 1. Courtesy copies may not be submitted for filings through June 1.
- Parties should consult the presiding judge’s webpage for hearings set after June 1 because motion call schedules will likely be altered, presumably to reduce traffic at the Northern District courthouses.
- The Court will vacate, amend or extend this General Order no later than May 26.