Multidistrict Litigation

U.S Code last checked for updates: Dec 11, 2025

Rule 16.1.

(a)

Initial Management Conference.

After the Judicial Panel on Multidistrict Litigation transfers actions, the transferee court should schedule an initial management conference to develop an initial plan for orderly pretrial activity in the MDL proceedings.

(b)

Report for the Conference.

(1)

Submitting a Report. The transferee court should order the parties to meet and to submit a report to the court before the conference.

(2)

Required Content: the Parties’ Views on Leadership Counsel and Other Matters. The report must address any matter the court designates—which may include any matter in Rule 16—and, unless the court orders otherwise, the parties’ views on:

(A)

whether leadership counsel should be appointed and, if so:

(i)

the timing of the appointments;

(ii)

the structure of leadership counsel;

(iii)

the procedure for selecting leadership and whether the appointments should be reviewed periodically;

(iv)

their responsibilities and authority in conducting pretrial activities and any role in facilitating resolution of the MDL proceedings;

(v)

the proposed methods for regularly communicating with and reporting to the court and nonleadership counsel;

(vi)

any limits on activity by nonleadership counsel; and

(vii)

whether and when to establish a means for compensating leadership counsel;

(B)

any previously entered scheduling or other orders that should be vacated or modified;

(C)

a schedule for additional management conferences with the court;

(D)

how to manage the direct filing of new actions in the MDL proceedings; and

(E)

whether related actions have been—or are expected to be—filed in other courts, and whether to adopt methods for coordinating with them.

(3)

Additional Required Content: the Parties’ Initial Views on Various Matters. Unless the court orders otherwise, the report also must address the parties’ initial views on:

(A)

whether consolidated pleadings should be prepared;

(B)

how and when the parties will exchange information about the factual bases for their claims and defenses;

(C)

discovery, including any difficult issues that may arise;

(D)

any likely pretrial motions;

(E)

whether the court should consider any measures to facilitate resolving some or all actions before the court;

(F)

whether any matters should be referred to a magistrate judge or a master; and

(G)

the principal factual and legal issues likely to be presented.

(4)

Permitted Content. The report may include any other matter that the parties wish to bring to the court’s attention.

(c)

Initial Management Order.

After the conference, the court should enter an initial management order addressing the matters in Rule 16.1(b) and, in the court’s discretion, any other matters. This order controls the course of the proceedings unless the court modifies it.

(As added Apr. 23, 2025, eff. Dec. 1, 2025.)