Filed: Jan. 15, 2013
Latest Update: Jan. 15, 2013
Summary: SCHEDULING/DISCOVERY PLAN CHARLES S. MILLER, Jr., Magistrate Judge. Pursuant to Rule 26(f), counsel for the parties certify that on January 10, 2013, they conferred by telephone to discuss the nature and basis of their clients' claims and defenses, the possibilities for a prompt settlement or resolution of the case, and a proposed discovery plan. After conferring, counsel for the parties have agreed upon the following: 1. The parties shall make by February 1, 2013, Rule 26(a)(1) disclosure
Summary: SCHEDULING/DISCOVERY PLAN CHARLES S. MILLER, Jr., Magistrate Judge. Pursuant to Rule 26(f), counsel for the parties certify that on January 10, 2013, they conferred by telephone to discuss the nature and basis of their clients' claims and defenses, the possibilities for a prompt settlement or resolution of the case, and a proposed discovery plan. After conferring, counsel for the parties have agreed upon the following: 1. The parties shall make by February 1, 2013, Rule 26(a)(1) disclosures..
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SCHEDULING/DISCOVERY PLAN
CHARLES S. MILLER, Jr., Magistrate Judge.
Pursuant to Rule 26(f), counsel for the parties certify that on January 10, 2013, they conferred by telephone to discuss the nature and basis of their clients' claims and defenses, the possibilities for a prompt settlement or resolution of the case, and a proposed discovery plan. After conferring, counsel for the parties have agreed upon the following:
1. The parties shall make by February 1, 2013, Rule 26(a)(1) disclosures in the method and manner outlined by the rule.
2. The issues on which the parties need to conduct discovery are:
(a) Plaintiff's theory of liability and damages and defenses to counterclaim
(b) Defendant's defenses and counterclaim theory of liability and damages
3. The parties shall have until January 31, 2014 to complete fact discovery and to file discovery motions.
4. The parties shall provide the names of expert witnesses and complete reports under Rule 26(a)(2) as follows:
Plaintiff: October 18, 2013
Defendants: November 15, 2013
(Reports to be served on other parties, but not filed with the Court.)
5. The parties shall have until January 31, 2014 to complete discovery depositions of expert witnesses.
6. The parties shall have until May 3, 2013 to move to join additional parties.
7. The parties shall have until May 3, 2013 to move to amend pleadings to add claims or defenses, except for claims for punitive damages for which the deadline shall be N.A..
8. The parties shall have until May 3, 2013 to file other nondispositive motions (e.g., consolidation, bifurcation).
9. The parties shall have until May 3, 2013 to file threshold motions (e.g., jurisdiction, qualified immunity, statute of limitations). Discovery (shall not) be stayed during the pendency of such motions.
10. The parties shall have until February 14, 2014 to file other dispositive motions (summary judgment as to all or part of the case).
11. Each party shall serve no more than 25 interrogatories, including subparts. No broad contention interrogatories (i.e., "List all facts supporting your claim that . . .") shall be used. (Show good cause for more than 25 interrogatories allowed by Rule 33).
12. Each side shall take no more than 10 discovery depositions. (Show good cause for more than the 10 depositions allowed by Rule 30.)
13. Depositions taken for presentation at trial shall be completed 30 days before trial.
14. Counsel have discussed between themselves and explored with their clients early involvement in alternative dispute resolution. The following option(s) would be appropriate in this case.
____ arbitration
____ mediation (choose one):
____ private mediator
____ court-hosted early settlement conference — should the conference be held before a judge who will not be the trial judge?
____ yes
____ doesn't matter
____ early neutral evaluation before (choose one);
____ judge other than trial judge
____ neutral technical expert
____ neutral attorney
x other (specify) — the parties are attempting negotiations with their attorneys.
____ none (explain reasons) _____________________________
15. A mid-discovery status conference would not be helpful in this case.
16. The parties will voluntarily waive their rights to proceed before a district judge and consent to have a magistrate judge conduct any and all further proceedings in the case, including the trial, and order the entry of a final judgment.
17. Trial of this case will be jury.
18. The estimated length of trial is 4 days.
ORDER
The above scheduling/discovery plan is approved with the following additions/modifications:
