Rule 26(f) Report

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA Plaintiff, v s . Defendant. Conference for the above - captioned case: (Identify, for each party, the counsel /pro se party who participated in preparing the Rule 26(f) Report) . The parties discussed the case and jointly make the following report: 1 I. INITIAL MATTERS: A. Jurisdiction and Venue : As to the defendant(s) (mark all boxes that may apply) . J urisdiction is contested beca use . Venue is contest ed because . Neither jurisdiction n or venue are contested . B. Immunity : As to the defendant(s) (mark all boxes that may apply) . An immunity defense has been raised by a defendant. 1 Counsel are advised to use caution in filing this report as well as other documents so there is no disclosure of information required by the E - Government Act of 2002 to be kept non - public, such as addresses, phone numbers, social security numbers, etc. If such identifiers are required to be disclosed to opposing parties, you may wish to file redacted versions for the public court file and serve opposing parties with unredacted versions. www.ned.uscourts.gov . If the case alleges an action for forfeiture, complete only s ections IV: Settlement ; V. Consent t o Final Resolution b y a Magistrate Judge ; and VI: Case P rogression . American LegalNet, Inc. www.FormsWorkFlow.com 2 An immunity d efense will be raised, such defense to be raised on or before Click here to enter a date. . No immunity defense has or will be raised in this case. C. Either jurisdiction or venue is being challenged, or a defense of immunity has or will be raised, and: Not applicable . The parties agree that discovery and case progression can begin before the jurisdiction, venue, and/or immunity issues are decided. Any or all parties believe that case progression and discovery should be stayed pending a ruling on those issues, and before any motion(s) to resolve jurisdiction, venue, and/or immunity issues can be filed, initial discovery limited to those issues will be necessary, and suc h discovery can be completed by: Click here to enter a date. . Explain: . a dispute exists as to whether and to what extent discovery is needed to resolve jurisdiction, venue, and/or immunity issues. A conference with the court is requested. motion(s) to resolve jurisdiction, venue, and/or immunity issues can be filed on or before Click here to enter a date. . II. CLAIMS AND DEFENSES: A. Claims : 2 P rovide a brief statement of the alleged facts and a succinct summary of the alleged federal or state theories of recovery, citing any relevant statutes which provide the basis for any statutory claims. You do not need to list the elements of each claim. 2 raised by any party, including not only those raised by the party(s) who filed the lawsuit, but any crossclaims, counterclaims, or third - party claims raised in the operative pleadings. American LegalNet, Inc. www.FormsWorkFlow.com 3 B. Defenses : 3 List each alleged affirmative defense to the claims, and for any defenses based on a statute, cite the relevant statute. I II . METHOD OF RESOLUTION : Please indicate below how the parties anticipate that this case will be resolved . Administrative record review : A party will request discovery. A party will not request discovery. Note: If no party is requesting discovery, the parties need not complete the Section V I : Case Progression portion of this report . Instead, contact the assigned magistrate judge to schedule a conference for entering a n administrative review scheduling order. A dispute exists as to whether and to what extent discovery is needed. T he parties need not complete the Section VI: Case Progression portion of this report at this time . Instead, contact the assigned magistrate judge to set a case progression conference . Cross - motions for summary judgment and/or resolution on stipulated facts : A party will request discovery. A p arty will not request discovery. The cross - motions for summary judgment will be filed on or before Click here to enter a date. . Note: If no party is requesting discovery, the parties need not complete the Section V I : Case Progression portion of this report. A dispute exists as to whether and to what extent discovery is needed. T he parties need not complete the Section VI: Case Progression portion of this report at this time . Instead, contact the assigned magistrate judge to set a case progression conference . Trial : No party has timely demanded a jury trial. 3 filed in response to the operative complaint, any crossclaims, counterclaims, or third - party claims. American LegalNet, Inc. www.FormsWorkFlow.com 4 A party has timely demanded a jury trial and does not anticipate waiving that demand, and the parties agree that all or part of the claims in this case must be tried to a jury. A party has demanded a jury trial, and the parties disagree on whether trial by jury is available for all or part of this case. A motion to strike the jury demand will be filed no later than: Click here to enter a date. . The party who previously demanded a jury trial now wishes to waive that right. Any other party who will now demand a jury trial will file that demand within 14 days of the filing of this report, in the absence of which jury trial will be deemed to have been waived. IV. SETTLEMENT: Counsel state (mark all boxes that may apply): T o date, t here have been no efforts taken to resolve this dispute. Efforts have been taken to resolve this dispute prior to filing this lawsuit. Explain: . after filing this lawsuit , but before the filing of this report. Explain: . application in this case with their clients and opposing counsel , and: It is agreed: Mediation is appropriate at this time, and pending the outcome of those efforts, case progression should be stayed . case progression should not be stayed. Mediation may be appropriate in the future. Please explain when you believe mediation may be useful : Mediation will not be app ropriate . Explain: . American LegalNet, Inc. www.FormsWorkFlow.com 5 Counsel believe that with further efforts in the future, the case can be settled, and they will be prepared to discuss settlement, or again discuss settlement, by Click here to enter a date. . At least one party is not interested in exploring options for settling this case. V. CONSENT TO FINAL RESOLUTION BY A MAGISTRATE JUDGE : As explained more fully in the Civil Case Management Practices, in accordance with the provisions of 28 U.S.C. 247 636(c) and Fed. R. Civ. P. 73, the part ies in this case may voluntarily consent to have a United States Magistrate Judge conduct all further proceedings in the case, including the trial, and order the entry of final judgment. The consent must be unanimous, and any appeal must be taken to the Un ited States Court of Appeals. If the parties do not presently consent, they may do so later . Absent consent, the case will remain with the assigned United States District Judge or, if not previously assigned to a District Judge , it will be randomly assigne d to a District Judge. All parties hereby voluntarily consent to have the United States Magistrate Judge conduct all further proceedings in this case including the trial and entry of final judgment. A t least one party does not currently consent. V I . CASE PROGRESSION: A. Initial m andatory disclosures required by Rule 26(a)(1) . H ave been completed. W ill be completed by Click here to enter a date. . B. Motions to amend the pleadings or to add parties. A plaintiff Choose an item. anticipate a need to amend pleadings or add parties. Motions to amend pleadings or add parties will be filed by Plaintiff(s) on or before Click here to enter a date. . A defendant Choose an item. anticipate a need to amend pleadings or add partie s. Motions to amend pleadings or add parties will be filed by Defendant (s) on or before Click here to enter a date. . American LegalNet, Inc. www.FormsWorkFlow.com 6 If more than 90 days are needed, explain why : . C. Discovery . 1) As to written discovery under Rules 33, 34, and 36 : a. T he parties have discussed currently anticipated n umber of interrogatories, document production requests, and req