Schedule And Discovery Plan

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA INSTRUCTIONS AND WORKSHEET FOR PREPARATION OF TRIAL SCHEDULE AND DISCOVERY PLAN Effective May 23, 2017 Counsel for the parties shall confer, as required by Federal Rules of Civil Procedure 16 and 26 and Local Rules 16 and 26, and submit to the Clerk of Court on the attached form a stipulated proposed scheduling and discovery plan. Follow this worksheet during your Rule 16(b) and 26(f) conference. The deadlines referred to in the worksheet are suggested deadlines except for the dispositive motion deadline, which MUST be at least 150 days before the trial ready date, which must be within 18 months of the filing of the complaint or notice of removal. Submit only the attached two-page DO NOT FILE proposed scheduling and discovery plan to the Clerk of Court. DISCOVERY PLAN. Please carefully review the Local Rules for a more complete description of the District's requirements for pretrial case management (available at www.iand.uscourts.gov). After the Court receives the parties' proposed scheduling and discovery plan, it will schedule a Rule 16(b) and 26(f) conference call with the parties to discuss the proposed schedule and plan, along with other pretrial issues. EITHER THE WORKSHEET OR THE PROPOSED SCHEDULING AND 1 WORKSHEET ­ DO NOT FILE ­ WORKSHEET American LegalNet, Inc. www.FormsWorkFlow.com 1. INITIAL DISCLOSURES AND ELECTRONICALLY STORED INFORMATION: State whether the parties (a) entered into an agreement during the Rule 26(f) conference resolving all issues relating to the Federal Rule of Civil Procedure 26(a)(1) initial disclosures in this action, and (b) discussed the preservation, disclosure, and discovery of electronically stored information: _____ yes _____ no If any party objects either to making the initial disclosures or to the timing of the initial disclosures, then within 14 days after the scheduling and discovery plan is submitted, the objecting party must serve and file a document in which the objections are set forth with particularity. If the parties have entered into an agreement concerning the timing of the initial disclosures, state the date by which the initial disclosures will be made: _______________ (insert date) Unless a different deadline is set by agreement of the parties or court order, or unless a party objects to making the initial disclosures or to the timing of the initial disclosures, Local Rule 26(a) requires that the initial disclosures be made within 14 days after the parties' Rule 26(f) conference. Federal Rule of Civil Procedure 26(a)(1) describes the information the parties must, without awaiting a discovery request, provide to other parties. Parties are required to comply fully with Rule 26(a)(1). If the parties have any other disputes concerning initial disclosures or the preservation, disclosure, or discovery of electronically stored information, or are aware of any other issues relating to scheduling or planning that might benefit from the early intervention of the court, the parties should raise the dispute with the Magistrate Judge during the pretrial discovery and planning conference. 2 WORKSHEET ­ DO NOT FILE ­ WORKSHEET American LegalNet, Inc. www.FormsWorkFlow.com 2. ADDING PARTIES: State the deadline for filing motions to add parties: __________________________ (insert date) This deadline should be no more than 2 months after the date the proposed scheduling and discovery plan is submitted to the Clerk of Court. 3. AMENDING PLEADINGS: State the deadline for filing motions to amend pleadings: _____________________ (insert date) This deadline should be no more than 2 months after the date the proposed scheduling and discovery plan is submitted to the Clerk of Court. 4. EXPERT WITNESSES: State the deadlines for the parties to disclose, in accordance with Federal Rule of Civil Procedure 26(a)(2)(A), (B), and (C), all "expert witnesses" who may be used at trial to present evidence under Federal Rules of Evidence 702, 703, or 705: Plaintiff's experts: Defendant's experts: ________________________________ (insert date) ________________________________ (insert date) Plaintiff's rebuttal experts: ________________________________ (insert date) The deadlines for the plaintiff to disclose experts, for the defendant to disclose experts, and for the plaintiff to disclose rebuttal experts should be no more than 3 months, 5 months, and 6 months, respectively, after the date the proposed scheduling and discovery plan is submitted to the Clerk of Court. Except as otherwise stipulated by the parties or ordered by the court, the parties must, by these deadlines, provide full disclosure of expert information as required by Federal Rule of Civil Procedure 26(a)(2). 3 WORKSHEET ­ DO NOT FILE ­ WORKSHEET American LegalNet, Inc. www.FormsWorkFlow.com 5. DISCOVERY: State the date by which all discovery will be completed, not propounded:_______________ (insert date) Note that this is the date for completion of discovery, not the date when discovery is to be propounded. This deadline should be no more than 8 months after the date the proposed scheduling and discovery plan is submitted to the Clerk of Court. Federal Rule of Civil Procedure 26(e) imposes a continuing duty to supplement discovery responses as soon as practicable. All discovery responses must be supplemented at least 30 days before the close of discovery. 6. DISPOSITIVE MOTIONS: State the deadline for filing dispositive motions: _____________________________ (insert date) This deadline must be at least 150 days before the trial ready date, but should be no more than 9 months after the date the proposed scheduling and discovery plan is submitted to the Clerk of Court. 7. TRIAL READY DATE: State the date on which the parties anticipate the case will be ready for trial: ____________ (insert date) This deadline should be no more than 14 months after the date the proposed scheduling and discovery plan is submitted to the court, but must not be less than 150 days after the dispositive motion deadline and not more than 18 months after the filing of the complaint or notice of removal. 8. JURY DEMAND: State whether a jury demand has been filed: _____ yes _____ no 4 WORKSHEET ­ DO NOT FILE ­ WORKSHEET American LegalNet, Inc. www.FormsWorkFlow.com 9. ESTIMATED LENGTH OF TRIAL: State your estimate of the number of days required for trial: ______________________ (insert number of trial days) For jury trials, include in your estimate the ti