Complex cases, almost by definition, have become synonymous with sprawling, some would even say out-of-control discovery, where parties produce terabytes of documents, double track dozens, if not hundreds of depositions, and spend years engaged in motion practice often unrelated to the merits. In an effort to tame these monster cases and impose some proportionality on the time and resources spent by the courts and parties alike, the U.S. District Court for the Southern District of New York has launched a Pilot Project—now in its second month—aimed at improving pretrial case management of complex civil cases. The project establishes detailed recommended procedures for initial, interim and final pretrial conferences, discovery and motion practice that call for substantial input from counsel and active court oversight. We highlight below some of the key aspects of the project.1
Genesis and Scope
The project grew out of a conference at Duke University sponsored by the Judicial Conference Advisory Committee on Civil Rules. The Duke conference was attended by members of the bar, in-house counsel and judges from across the country, including Southern District Judges John G. Koeltl, who chaired the Conference Planning Committee, and Shira A. Scheindlin. The lawyers at the conference expressed a strong desire for more hands-on judicial case management.
