UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
________ DIVISION
[Name of plaintiff(s)], )
)
Plaintiff(s), )
)
v. ) Civil Action No.
)
[Name of defendant(s)], )
)
Defendant(s). )
ORDER REGARDING COMPLIANCE WITH
FEDERAL RULE OF CIVIL PROCEDURE 26(f)
The court reminds the parties of their obligations under Federal Rule of Civil
Procedure 26(f) to confer within thirty days from the first appearance of a
defendant for the purposes of: considering the nature and basis of their claims and
defenses; the possibilities for a prompt settlement or resolution of the case; to make
or arrange for the disclosures required by Federal Rule of Civil Procedure 26(a)(1);
and to develop a proposed discovery plan that indicates the parties’ views and
proposals concerning all of the matters addressed in sub-paragraphs (1) through (4)
of Federal Rule of Civil Procedure 26(f). If the court has entered this order
more than thirty days after the first appearance of a defendant, the parties must
confer within fourteen days of entry of this order.
If the parties are unable to agree upon a date, time, or place for such
conference, the court ORDERS the parties to meet at 10:00 a.m. in the chambers
of the undersigned judge on the last Friday falling within the 30-day period starting
from the first appearance of a defendant. If use of the court’s chambers is
necessary, counsel should email chambers (
[email protected]) at
least seven days before the required meeting to advise the court. If a party is
proceeding without counsel, the obligation to email chambers rests upon counsel
for the opposing party. All email communication should copy opposing counsel, or
if a party is unrepresented, the unrepresented party.
A. Form of Report
The court expects the parties to jointly file a report of the parties’ planning
meeting, in the general format of Exhibit A to this order, with the Clerk of Court
within fourteen days after the meeting. The report should contain a synopsis of the
case advising the court of the general claims and defenses of the parties. Should the
parties disagree about an item in the report, the positions of the parties as to that
item should be clearly set forth in separate paragraphs.
When preparing the report, be aware that the case should be ready for trial
within eighteen months from the date of service of the complaint. In cases where
the parties request deadlines that extend beyond eighteen months, the parties must
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include a summary of the factors they believe justify the court’s departure from its
customary scheduling.
Upon receipt of the report, the court will set a Federal Rule of Civil
Procedure 16(b) scheduling conference if requested by the parties.
The report must include a discovery plan stating the parties’ views and
proposals on:
1) any issues about disclosure, discovery, or preservation of electronically
stored information, including the form or forms in which it should be produced;
and,
2) any issues about claims of privilege or of protection as trial-preparation
materials. If the parties agree on a procedure to assert these claims after production
(i.e., a “clawback” agreement), the report should include a statement about whether
they want the court’s scheduling order to adopt their agreement under Federal Rule
of Evidence 502.
B. Commencement of Discovery
The parties are authorized to commence discovery pursuant to the terms of
Federal Rule of Civil Procedure 26. In cases removed from state court in which
any discovery requests were filed before such removal, those discovery requests
shall be deemed to have been filed on the date the parties file the report required by
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Federal Rule of Civil Procedure 26(f). The court instructs the parties to review
Local Rule 5.3 regarding the non-filing of discovery materials in civil cases.
DONE and ORDERED this ___________
EXHIBIT A
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
______ DIVISION
[Name(s) of plaintiff(s)] )
)
Plaintiff(s), )
)
v. ) Civil Action No. ___
)
[Name(s) of defendant(s)] )
)
Defendant(s). )
REPORT OF THE PARTIES’ PLANNING MEETING
1. The following persons participated in a Federal Rule of Civil Procedure
26(f) conference on <Date> by <State the method of conferring>:
<Name>, representing the <plaintiff(s)>
<Name>, representing the <defendant(s)>
2. Initial Disclosures. The parties [have completed] [will complete by
<Date>] the initial disclosures required by Rule 26(a)(1).
3. Discovery Plan. The parties propose this discovery plan:
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<Use separate paragraphs or subparagraphs if the parties disagree.>
(a) Discovery will be needed on these subjects: <Describe>.
(b) <Dates for commencing and completing discovery, including
discovery to be commenced or completed before other
discovery.>
(c) <Maximum number of interrogatories by each party to another party,
along with the dates the answers are due.>
(d) <Maximum number of requests for admission, along with the dates
responses are due.>
(e) <Maximum number of depositions by each party.>
(f) <Limits on the length of depositions, in hours.>
(g) <Dates for exchanging reports of expert witnesses.>
(h) <Dates for supplementations under Rule 26(e).>
4. Other Items:
(a) <A date if the parties ask to meet with the court before a scheduling
order.>
(b) <Requested dates for pretrial conferences.>
(c) <Final dates for the plaintiff to amend pleadings or to join parties.>
(d) <Final dates for the defendant to amend pleadings or to join parties.>
(e) <Final dates to file dispositive motions.>
(f) <State the prospects for settlement.>
(g) <Identify any alternative dispute resolution procedure that may
enhance settlement prospects.>
(h) <Final dates for submitting Rule 26(a)(3) witness lists, designations
of witnesses whose testimony will be presented by deposition, and
exhibit lists.>
(i) <Final dates to file objections under Rule 26(a)(3).>
(j) <Suggested trial date and estimate of trial length.>
(k) <Other matters.>
Date: <Date> <Signature of the attorney or unrepresented
party>
____________________________________
<Printed name>
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<Address>
<E-mail address>
<Telephone number>
Date: <Date> <Signature of the attorney or unrepresented
party>
____________________________________
<Printed name>
<Address>
<E-mail address>
<Telephone number>
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