Report Of Parties Planning Meeting (LRCivP16.1 Form)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT v. CIVIL ACTION NO. 1. Pursuant to Rule 26(f) of the Federal Rules of Civil Procedure , a meeting was held on . Those participating were : f or plaintiff(s) f or defendant(s) f or defendant(s) f or defendant(s) Guideline for parties and attorneys: The parties are advised to use the www.wvsd.uscourts.gov ) and the suggested American LegalNet, Inc. www.FormsWorkFlow.com 2 2. Pre - Discovery Initial Disclosures. The parties will exchange by t he information required by Fed. R. Civ. P. 26 (a)(1). 3. Plaintiff ( s ) should be allowed until to join additional parties and until to amend the pleadings. Defendant ( s ) should be allowed until to join additional parties and until to amend the pleadings. 4. Discovery Plan. The parties jointly propose to the court the following discovery plan [Use separate paragraphs or subparagraphs as necessary if the parties disagree.] : a. Discovery will be need ed on the following subjects: b. The parties have reviewed Local Rule 26.5 and have discussed how the preservation, handled, including the following: i. It is likely that one or more parties will seek discovery of electronically stored information such as emails, files or documents stored on a server or computer, or other electronic documents. Yes No ( I f No, no other fields in Section 4.b. need to be comp leted . ) The parties have generally agreed upon a format for production of ESI, as follows: ii. The parties believe it is possible that metadata may be relevant in this case, suchas the date stamp when an electronic document was created or modified. Yes No American LegalNet, Inc. www.FormsWorkFlow.com 3 The parties have generally agreed upon a format for production of such metadata, as follows: iii. At this time, the parties have ag define d in R. 26(b)(2)(B). Yes N o If no, identify the nature of any dispute: iv. Have the parties agreed on any search protocol for review of electronic data including methods to filter the data? Yes No If yes, please describe: If no, please identify wha t issues remain outstanding: American LegalNet, Inc. www.FormsWorkFlow.com 4 v. Are there any unresolved issues pertaining to the preservation of ESI? If so, please describe: vi. Other. Identify all other outstanding issues or disputes concerning ESI: c. The parties agree to f ile a joint motion for the entry of a protective order and to preferred Agreed Protective Order found on line at www.wvsd.uscourts.gov . Yes No I f no, please explain: d. The parties agree to file a joint motion for the entry of an Order Governing the Inadvertent Disclosure of Documents or Other Material and to complete and submit Agreed Order Governing the Inadvertent Disclosure of Docum ents or Other Material found on line at www.wvsd.uscourts.gov . Yes No If no, please explain: e. The parties agree to file a joint motion for the entry of an Agr eed Order Setting Order Setting D eposition Protocol available on line at www.wvsd.uscourts.gov . Yes No American LegalNet, Inc. www.FormsWorkFlow.com 5 f. The last day to serve discovery requests is . The last date on which to take a discovery deposition is 45 days after the last date to serve discovery requests. The last date on which to take a discovery deposition is known as the covery on to be completed by .] g. The parties adopt the discovery limits set forth in the Federal Rules of Civil Procedure. Yes No If the parties and attorneys believe that more discovery is needed, the basis for that belief is: h. The parties believe that this case requires additional judicial oversight such as special case management procedures or regularly held conferences. Yes No If yes, please describe why the case requires additional judicial oversight and the type of oversight requested: i. Reports from retained experts under Rule 26(a)(2) due: By t he party bearing the burden of proof on an issue : . By t he party not bearing the burden of proof on an issue : . Expert witness disclosures intended solely to contradict or rebut evidence on the same issue identified by another party : . 5. Magistrate judges will resolve all discovery disputes. The parties to have a Unit ed States Magistrate Judge conduct any further proceedings in this case , including trial, and order the entry of a final judgment . American LegalNet, Inc. www.FormsWorkFlow.com 6 6. Mediation shall take place on or before . 7. Potential dispositive motions shall be filed by , with responses and replies filed according to the Local Rules . 8. The parties request a pretrial conference in . The Plaintiff (s) shall submit a proposed pretrial order to Defendant ( s ) on or before . The Defendants shall compile a proposed integrated pretrial order and submit it to chambers of the presiding judicial officer on or before . 9. Where applicable, proposed jury instructions shall be exchanged and transmitted to chambers of the presiding judicial officer in Microsoft Word format on or before . 10. Where applicable, findings of fact and conclusions of law sha ll be exchanged and transmitted to chambers of the presiding judicial officer in Microsoft Word format on or before . 11. A final settlement conference wil l take place on . 12. The case should be ready for trial by , and at this time is expected to take approximately days . The parties a conference with the cour t before entry of the scheduling order. American LegalNet, Inc. www.FormsWorkFlow.com