(b) Cases shall be designated by the Clerk to their appropriate tracks as follows:
(1) The following categories of proceedings are Track One Cases:
(A) an action for review on an administrative record;
(B) a petition for habeas corpus or other proceeding to challenge
a criminal conviction or sentence;
(C) an action brought without counsel by a person in custody of
the United States, a state, or a state subdivision;
(D) an action to enforce or quash an administrative summons or
subpoena;
(E) an action by the United States to recover benefit payments;
(F) an action by the United States to collect on a student loan
guaranteed by the United States;
(G) a proceeding ancillary to proceedings in other courts; and
(H) an action to enforce an arbitration award.
(2) Track Two cases shall include all cases not designated as Track One Cases,
and not within the definition of Track Three Cases as hereafter stated. Track
Two Cases will normally consist of non-complex actions which will require a
trial, either jury or non-jury, absent earlier settlement or disposition by
summary judgment or some other means.
(3) Track Three Cases shall include those cases involving class action or antitrust
claims, securities litigation, mass disaster or other complex tort cases,
or those actions presenting factual or legal issues arising from the presence
of multiple parties or multiple claims portending extensive discovery
procedures or numerous legal issues such that the management techniques
recommended in the current edition of the Manual For Complex Litigation
should be considered and applied as appropriate to the circumstances of the
case. Track Three Cases shall also include any action so imminently
affecting the public interest (e.g. legislative redistricting, schooldesegregation, voting rights) as to warrant heightened judicial attention or
expedited treatment.
(c) The following procedures shall apply depending upon the Track to which a case has
been designated:
(1) Track One Cases - -
(A) Government foreclosure or recovery cases, motions to
withdraw references to the Bankruptcy Court, and proceedings under 28 USC
§ 2255 will normally be managed by the presiding District Judge pursuant to
notices or orders entered by the Judge, or by the Clerk under the Court's
direction, in each such case.
(B) Other Track One cases will normally be referred at the time of
filing to the Magistrate Judges for management by them in accordance with
other provisions of these local rules or standing orders entered in each
Division of the Court governing the duties and responsibilities of the
Magistrate Judges. Such cases will then be managed by them pursuant to
notices or orders entered by the Magistrate Judge, or by the Clerk under the
Court's direction, in each such case.
(2) Track Two Cases - -
(A) All Rule 12, F. R. Civ. P., motions will be promptly considered
by the Court and will normally be decided within sixty (60) days after receipt
of the last paper directed to the motion.
(B) Counsel and any unrepresented party shall meet within 60
days after service of the complaint upon any defendant, or the first
appearance of any defendant, regardless of the pendency of any undecided
motions, for the purpose of preparing and filing a Case Management Report
in the form prescribed below. Unless the Court orders otherwise, parties
represented by counsel are permitted, but are not required, to attend the case
management meeting. The Case Management Report must be filed within
14 days after the meeting. Unless otherwise ordered by the Court, a party
may not seek discovery from any source before the meeting.