UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
________ DIVISION
XYZ, )
)
Plaintiff(s), )
)
v. ) Case No.:
)
XYZ, )
)
Defendant(s). )
INITIAL ORDER
GOVERNING ALL FURTHER PROCEEDINGS
This order governs all further proceedings in this action, unless modified by
the court for good cause shown. All parties should review it carefully. All attorneys
and pro se parties are expected to comply with this order and the Local Rules of the
Northern District of Alabama, which are available at www.alnd.uscourts.gov.
I. Duties Under Federal Rule of Civil Procedure 26(f)
A. The Planning Conference
Federal Rule of Civil Procedure 26(f) requires the parties to confer “as soon
as practicable.” Therefore, no later than 21 days from the date of this order, the
parties are ORDERED to conduct a Rule 26(f) conference. At this planning
conference, the parties must, at a minimum:
• Discuss the nature and basis of their claims and defenses;
• Discuss the possibility of a prompt settlement or resolution of the case (see
also infra Part I.D.);
• Make or arrange for the disclosures required by Federal Rule of Civil
Procedure 26(a)(1);
• Develop a proposed discovery plan that indicates the parties’ views and
proposals concerning the matters addressed in Rule 26(f)(1)-(4); and, in
appropriate cases,
• Consider whether to consent to the exercise of Magistrate Judge jurisdiction
under 28 U.S.C. § 636(c).
If the parties are unable to agree on a date, time, or place for this conference,
the parties are hereby ORDERED to meet at 10:00 a.m. in the chambers of the
undersigned judge on the last Friday falling within the 21-day period starting from
the entry of this order. If use of the court’s chambers is required, counsel should
telephone chambers at least seven days prior to the required meeting to advise the
court. If a party is proceeding without counsel, the obligation to telephone chambers
rests upon counsel for the opposing party.
B. Report of the Planning Conference
Within 14 days of the planning conference, the parties must jointly file a report
with the Clerk of Court that follows the general format of Appendix III to this order.
The report should begin with a brief synopsis of the case that advises the court of the
general claims and defenses of the parties. The synopsis should not exceed one page.
The report should include precise dates for all deadlines. The last page of the report
shall include the Scheduling Worksheet included in Appendix III with the left
column filled out. Should the parties disagree about an item in the report, the parties’
positions as to that item should be clearly set forth in separate paragraphs.
2
When preparing the report, the parties should be aware that this case should
be ready for trial within 12 months from the date of service of the complaint. If the
parties believe that the case will take more time to bring to trial, they must state with
specificity their grounds for suggesting deadlines beyond that time frame.
The report must include a discovery plan stating the parties’ views and
proposals on:
• any issues about disclosure, discovery, or preservation of electronically stored
information, including the form or forms in which it should be produced; and,
• 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 whether they want the court’s scheduling order to adopt their
agreement under Federal Rule of Evidence 502.
Upon receipt of the report, the court may set a Federal Rule of Civil Procedure
16(b) scheduling conference. If the parties want the court to set such a conference,
the parties should request one in their report.
C. Compliance with HIPAA
In accordance with the requirements of the Health Insurance Portability and
Accountability Act of 1996 (“HIPAA”), Pub. L. No. 104-191, 110 Stat. 1936 (1996),
and regulations promulgated thereto, when Protected Health Information is relevant
to the claims or defenses presented in an action, a party seeking such Protected
Health Information must present a valid authorization at the Rule 26 planning
3
meeting to be executed by the party from whom such Protected Health Information
is sought. This authorization need not be filed with the court.
The parties may file with the court a motion for a qualified protective order,
to which all parties stipulate, and, contemporaneously with that filing, email to
[email protected], a proposed qualified protective order, in
substantially the form attached to this order as Appendix I, to be entered by
stipulation of counsel for all parties. The proposed order should be in Microsoft
Word format.
D. Suitability of Action for Alternative Dispute Resolution
To avoid unnecessary costs and fees, the court requires that the attorneys for
all parties make an early analysis of the case along with their clients and that the
parties discuss the feasibility of settlement with each other at the planning
conference. The parties must also consider and discuss at that time whether this
action may be suitable for mediation, whether under the court’s ADR plan or
otherwise. The parties should expect the court to order this case to mediation before
the submission of dispositive motions. An attorney for each party is directed to
immediately forward a copy of this initial order to his or her client.
E. Commencement of Discovery
The parties are authorized to commence discovery pursuant to the terms of
Federal Rule of Civil Procedure 26 immediately after the required planning report
has been filed. In cases removed from state court in which any discovery requests
4
were filed before such removal, those discovery requests will be deemed to have
been filed on the date the parties file the required planning report. The court instructs
the parties to review Local Rule 5.3 regarding the non-filing of discovery materials
in civil cases.
F. Dismissal of Non-Served Defendants
Any defendant who has not been served with a summons and complaint within
90 days after the filing of the complaint (or within 90 days after the party was added
to the action) may be dismissed without further order of the court unless the party
required to serve shows good cause why service has not been perfected.
G. Courtesy Copies
For all submissions exceeding 30 pages (including exhibits), the filing party
must submit, within three business days of filing, an exact courtesy copy of the
submission, reflecting the CM/ECF case number, document number, page numbers
and filing date, to the court’s chambers at the Richard Shelby Federal Building and
Courthouse, 2005 University Boulevard Tuscaloosa, AL 35401. Copies may be hand
5
delivered or mailed to the courthouse. All hard copies should be double-sided and
securely bound in a three-ring binder or by a large clip.
The parties must also email a copy of any filed brief or proposed order in
Microsoft Word format to
[email protected], with opposing
counsel copied on the email.
II. Submission Procedures
A. CM/ECF Record
The official record of this case is maintained electronically pursuant to
CM/ECF. Counsel must file all documents through CM/ECF in Portable Document
Format (“PDF”). All filings generated by word-processing software shall be directly
converted from the word-processing format into PDF to preserve their searchability
and readability.
Parties appearing pro se shall file documents with the Clerk of Court.
Except in extraordinary circumstances, all filings must be consistent with the
Civil Administrative Procedures Manual.1
B. Protected Information
Counsel are reminded to comply with the Administrative Procedures
Manual’s requirements for redacting personal identifiers (e.g., Social Security
numbers, driver’s license numbers, birth dates, addresses, telephone numbers, and
1
The Civil Administrative Procedures Manual is available on the Court’s website at:
https://www.alnd.uscourts.gov/sites/alnd/files/AL-
N%20Civil%20Administrative%20Procedures%20Manual.Revision.05-18-2021.pdf
6
bank account or credit card information) and other personal or sensitive information,
in compliance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat.
2899 (2002), and regulations promulgated thereto.
The parties must comply with the Administrative Procedures Manual when
filing materials under seal.
C. Required Electronic Submissions to Chambers
The email address for Judge LaCour’s chambers is
[email protected]. All emails to chambers must show a copy to
opposing counsel. In cases with pro se parties, communications with chambers may
be made via email if all pro se parties have provided email addresses that can be
copied on the email. If a pro se party has not provided an email address, then parties
seeking to communicate with the court shall file a motion seeking a telephone
conference.
III. Amended Pleadings
Any amended pleadings or proposed amended pleadings shall be
accompanied by a redline comparison of the original and amended pleading. The
redline shall be filed in CM/ECF as a sub-document to the amended pleading or
motion for leave to file the amended pleading. The redline shall be filed as the final
attachment to the pleading or motion.
7
IV. Motion Practice
All motions must comply with the requirements of this order. Except for good
cause shown, motions and briefs that do not conform to the requirements of this
order may be stricken. Materials submitted after the close of the submission schedule
will not be considered absent leave of court.
A. Format
The parties’ motions and briefs must be in Times New Roman font and 14-
point type, except that footnotes may be in 12-point type. Documents must be
double-spaced except that footnotes and indented quotations may be single-spaced.
All margins must be set at one inch.
The court will not consider arguments incorporated by reference to earlier
filings and will not consider substantive arguments raised only in footnotes.
Citations to the record must refer to the document number and page number
generated by CM/ECF, and, where available, paragraph or line number.
Requests for oral argument, if applicable, must appear on the first page of the
motion, brief, or opposition directly below the case number in the caption of the
pleading.
In both the title and caption of each motion, the party must indicate whether
the motion is “Opposed” or “Unopposed,” and the first paragraph shall briefly
summarize the parties’ attempts to resolve the issue(s) and set forth areas of
agreement and disagreement. The requirements of this paragraph do not apply to
8
motions to dismiss or remand, motions for summary judgment, or motions for
injunctive relief.
B. Separately Filed Exhibits
When parties submit evidentiary materials in connection with a motion, brief,
or response (except on summary judgment), each exhibit must be separately filed in
CM/ECF as its own sub-document to the motion, brief, or response, which should
be designated in CM/ECF as the main document. For example, a motion might be
Doc. 12, and exhibit 1 to that motion would be Doc. 12-1. Special requirements for
separately filed evidentiary submissions in connection with summary judgment
motions are enumerated in Appendix II, infra.
Parties must contact chambers for further instructions to submit evidentiary
materials that may not be electronically filed through CM/ECF, such as video
recordings or physical items.
C. Proposed Orders
Any motion or opposition may be accompanied by a proposed order. All
proposed orders must be both filed in CM/ECF (as a separate sub-document to the
main filing) and emailed (in Microsoft Word format) to
[email protected].
9
D. Dispositive Motions
Any motion for summary judgment filed in this action must comply with all
requirements of Appendix II to this order. Any other dispositive motion must comply
with the requirements of Appendix II to the extent practicable.
E. Other Motions
A party filing a motion that is not a summary judgment motion may either
incorporate in the motion the arguments and authorities upon which it relies or
simultaneously file a separate brief with its motion. The total number of pages filed
must not exceed 15 pages (exclusive of exhibits).
Any party who desires to file a response to a non-dispositive motion shall file
the response within 14 days of the motion. Any corresponding reply shall be filed
within 7 days of the response. The court may rule on any non-dispositive motion
prior to the filing of any responsive briefs. Responsive briefs are limited to 15 pages,
exclusive of exhibits. Reply briefs, if any, are limited to 10 pages. Sur-replies are not
permitted without leave of court.
F. Motions About Discovery Disputes
Parties must seek leave of the court before filing a motion about a discovery
dispute. Counsel for the moving party must confer with opposing counsel to attempt
to resolve their disagreements regarding discovery. If the parties are unable to
resolve their dispute, then the party filing the motion for leave of the court shall
describe all efforts taken to resolve the disputed matter and shall certify in the motion
10
that the parties conferred pursuant to this order and were unable to reach an
agreement. If an attorney makes a good faith effort but is unable to contact opposing
counsel, then the attorney shall describe in the motion the attorney’s efforts to
contact and coordinate with opposing counsel. Failure to include a statement of the
parties’ attempt to resolve the matter without the court’s intervention may result in
an automatic denial of the motion.
If a motion for leave is opposed, the non-moving party may file a response
within three days. The motion for leave must specify the nature of the discovery
dispute and the steps the parties have taken to resolve it. The motion for leave need
only include the facts relevant to the dispute; legal argument and citations are not
necessary in the motion for leave. If the court grants leave, the moving party must
file the discovery motion no later than the next business day.
G. Motion of Counsel to Withdraw
Once an attorney has appeared as counsel for a party, he or she may not
withdraw from the action merely by filing a “notice of withdrawal,” but must file a
motion stating the specific grounds for withdrawal and seeking permission of the
court to do so. Any motion to withdraw which, if granted, would leave a party
unrepresented by counsel must include a certification that the moving attorney has
served a copy of the motion on his or her client and has informed the client of the
right to promptly file an objection with the court. The motion must also include the
11
notation, “Future notice to (name of party) is to be made at the following address:
(state last known address of the party).”
H. Motions for Extension of Time
Absent extraordinary unforeseen circumstances, any motion for an extension
of any deadline must be filed three or more days before the deadline sought to be
extended. Motions for an extension of time that do not satisfy this requirement will
ordinarily be automatically denied. Successive requests for extensions by the same
party are strongly disfavored. Parties may agree among themselves to adjust
deadlines for expert testimony without leave of court so long as such adjustments
are agreed upon by all parties and do not affect the discovery cut-off or dispositive-
motions deadline.
Extensions to the deadlines set to complete all discovery and file
dispositive motions will not be granted absent extraordinary cause.
Any motion to extend the deadline to complete all discovery must (1) provide
the date(s) when the moving party first propounded discovery requests and/or
noticed depositions and (2) include any other information that will help the court
determine how effectively the parties have used the amount of time originally
allowed for discovery.
I. Motions to Seal
Any motion to seal must satisfy the legal standard in Romero v. Drummond
Co., Inc., 480 F.3d 1234 (11th Cir. 2007). Motions that do not satisfy this standard
12
will be routinely denied.
J. Oral Argument
If any party desires to have the opportunity for oral argument on a motion,
that party should request argument in its motion (or response).
To develop future generations of practitioners, in deciding whether to have
argument the court will consider, among other things, whether an attorney with fewer
than seven years of experience will be arguing. If the court grants the request for oral
argument and one of the participating attorneys has fewer than seven years of
experience, the court will give the parties additional time for argument to provide a
more experienced attorney with the opportunity to supplement the less experienced
attorney’s argument (and an appropriate response).
All attorneys will be held to the highest professional standards. All attorneys
are expected to be prepared and to have a degree of authority commensurate with
the proceeding. The court recognizes that there may be many different circumstances
in which it is not appropriate for a newer attorney to argue a motion. Thus, the court
emphasizes that it draws no inference from a party’s decision not to have such an
attorney argue any motion. Additionally, the court draws no inference about the
relative importance of a particular motion, or about the merits of a party’s arguments,
from the party’s decision to have (or not to have) a newer attorney argue the motion.
13
V. Attorney Fee Shifting Cases
If a party anticipates that during or upon the completion of this action it may
seek an award of attorneys’ fees from the opposing party pursuant to any statute or
other law, for any reason other than as a sanction under the Federal Rules of Civil
Procedure, the party seeking fees must comply with the following requirements as a
precondition to any such award:
(a) Counsel must maintain a separate record of time with a complete and
accurate accounting of all time devoted to this particular action (to the
nearest 1/10 of an hour), recorded contemporaneously with the time
expended, for each attorney and with sufficient detail to disclose the nature
of the work performed in the action. For example, do not simply list
“research,” list the specific matter being researched. Do not simply list
“conference,” identify the persons conferring and the general subject matter
of the conference.
(b) If a claim will be made for services performed by any person not a member
of the bar, a separate time record shall be maintained for each such
individual in accordance with (a) above.
(c) Counsel is directed to review and verify all attorney and non-attorney time
records no less than once per month.
(d) Although the court does not require counsel to file a copy of the time
records before a request for a fee, counsel may file with the Clerk of Court
either a copy of the time record referred to in (a) above, or a separately
prepared document setting forth the information described in (a) above. If
counsel elects to file reports, they should be filed by the 15th day of the
month following the month in which the work was performed during the
pendency of the case. If counsel elects to file time reports, the material filed
may be filed under seal, subject to further court order, by placing the same
in a sealed envelope with the case name and number along with
“ATTORNEY TIME RECORDS - FILE UNDER SEAL” written thereon.
However, if the material is filed under seal, then the filing party must, at
the time of such filing, also file (and serve a copy on opposing parties or
their counsel) a document stating the total of the hours represented by the
sealed filing, allocated as to total attorney hours and total non-attorney
14
hours included in the current filing under seal. Upon the conclusion of this
case, without further order, the seal will be lifted as to all attorney fee
materials filed under seal.
(e) A Petition for Attorney Fees shall be accompanied by Counsel’s
Certification that all time records are accurate; that such records were
prepared contemporaneously with the performance of the work for which
the fees are claimed; and that counsel reviewed and verified all attorney
and non-attorney time records no less frequently than once per month.
VI. Cases That Require EEOC Charges
If this case is one in which the filing of a charge of discrimination with
the Equal Employment Opportunity Commission (“EEOC”) or similar
agency is required as a prerequisite to suit, then the plaintiff(s) must file the
following with the Clerk of Court at the time of filing the disclosures required
by Rule 26(a)(1): (a) a copy of all charges of discrimination filed with
the EEOC and which form the bases of the action; and (b) a copy of the
EEOC’s response to all such charges of discrimination filed with that agency,
including the notice of right to sue.
DONE and ORDERED this ________ day of ________________, ______.
_______________________________
EDMUND G. LACOUR JR.
UNITED STATES DISTRICT JUDGE
15
APPENDIX I
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
________ DIVISION
[Name of plaintiff(s)], )
)
Plaintiff(s), )
)
v. ) Case No.:
)
[Name of defendant(s)], )
)
Defendant(s). )
QUALIFIED HIPAA PROTECTIVE ORDER
The court GRANTS the parties the right, upon compliance with the applicable
discovery provisions of the Federal Rules of Civil Procedure and the orders of this
court, to obtain from any health care provider, health plan, or other entity covered
by the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-
191, 110 Stat. 1936 (1996) (“HIPAA”), any and all information relating to the past,
present, or future medical condition of any individual who is a party to this action
(or the decedent or ward of a party who sues in a representative capacity), as well as
any and all information relating to the provision of health care to such individual and
payment for the provision of such health care.
This order authorizes any third-party who is provided with a subpoena
requesting the production of documents or commanding attendance at deposition or
trial to disclose the Protected Health Information in response to such request or
subpoena. This order is intended to authorize such disclosures under the privacy
regulations issued pursuant to HIPAA. 45 C.F.R. § 164.512(e)(1)(i).
The court expressly prohibits the parties from using or disclosing the
Protected Health Information obtained pursuant to this order for any purpose other
than this action. Further, the court orders the parties either to return to the covered
entity from whom or which such protected health information was obtained, or to
destroy the protected health information (including all copies made), immediately
upon conclusion of this action. See 45 C.F.R. §§ 163.502(b); 164.512(e)(1)(v).
DONE and ORDERED this ________ day of ________________, ______.
_______________________________
EDMUND G. LACOUR JR.
UNITED STATES DISTRICT JUDGE
2
APPENDIX II
SUMMARY JUDGMENT MOTION PRACTICE
This appendix contains mandatory instructions that must be followed. Except
for good cause shown, briefs and evidentiary submissions that do not conform to the
following requirements may be stricken.
I. Submission Dates
The court will set a deadline for the parties to file dispositive motions. Any
motion for summary judgment and briefs and evidentiary submissions must be filed
on or before that deadline. The opponent’s responsive brief must be filed no later
than 21 days after the movant’s brief, unless otherwise ordered by the court. The
movant’s reply brief, if any, must be filed no later than 14 days after the date on
which the opponent files its responsive brief, unless otherwise ordered by the court.
If the due date for a response or reply falls on a weekend or court holiday, the due
date shall be the next business day. To ensure that each party is afforded a full and
fair opportunity to be heard, the parties must deliver copies of briefs and evidentiary
submissions to opposing parties without undue delay and, generally, on the same
date such materials are submitted to the court.
II. Submissions
The parties’ submissions in support of and opposition to summary judgment
motions must consist of: (1) a brief containing, in separately identified sections (a)
a statement of allegedly undisputed relevant material facts (or rebuttal to such
statement, for an opposition filing) and (b) a discussion of relevant legal authorities;
and (2) copies of any evidentiary materials upon which the party relies. More
detailed requirements for these submissions are explained below.
III. Requirements for Briefs
A. Format
Initial and response briefs are limited to 35 pages. Reply briefs are limited to
15 pages. Briefs must include a table of contents that accurately reflects the
organization of the document. The table of contents is not included in the page limit.
The text of briefs must be double-spaced (except for quotations exceeding fifty
words, which may be indented from the left and right margins and single-spaced)
using 14-point Times New Roman typeface. All margins must be set at one inch.
The court will not consider arguments incorporated by reference to
earlier filings and will not consider substantive arguments made in footnotes.
The court may strike any brief that would exceed the page limits because of attempts
to incorporate by reference or include substantive arguments in footnotes.
B. Submissions
The parties must electronically file the original brief. The parties also must
email to
[email protected] the brief in Microsoft Word format,
contemporaneously with the filing of the brief.
2
C. Manner of Stating and Supporting Facts
Counsel must state facts in clear, unambiguous, simple, declarative sentences.
All statements of fact, in all sections of the brief, must be supported by specific
reference to the CM/ECF document and page number of the evidentiary submission.
NOTE that compliance with this requirement will necessitate filing the evidentiary
submission in support of the brief before filing the brief and may even necessitate
filing the evidentiary submission one or more days before filing the brief. Both the
evidentiary submission and brief must be filed on or before the filing deadline.
1. Moving Party’s Initial Statement of Facts
The moving party’s brief must set forth each material fact that, when
construed in the light most favorable to the non-moving party, the movant contends
is true, material, and not in genuine dispute, and upon which the movant relies to
demonstrate that it is entitled to summary judgment. Each statement of fact must be
followed by a specific reference to those portions of the evidentiary record that the
movant claims support it.
2. Opposing Party’s Statement of Facts
Each party opposing a summary judgment motion also must submit a
statement of facts. This statement of facts must include (although not necessarily in
this order) (1) the non-movant’s disputes, if any, with the movant’s claimed
undisputed facts; (2) additional undisputed facts, if any, that the non-movant
contends require denial of summary judgment; and (3) disputed facts that the
3
nonmovant contends require denial of summary judgment. Each statement of fact
must be followed by a specific reference to those portions of the evidentiary record
that the opposing party claims support it.
All material facts set forth in the statement required of the moving party will
be deemed to be admitted for summary judgment purposes unless controverted by
the response of the party opposing summary judgment.
3. Moving Party’s Reply
The reply submission, if any, must include the moving party’s disputes, if any,
with the non-moving party’s additional claimed undisputed facts. Any statements of
fact that are disputed by the moving party must be followed by a specific reference
to those portions of the evidentiary record upon which the dispute is based. All
additional material facts set forth in the statement required of the opposing parties
will be deemed to be admitted for summary judgment purposes unless controverted
by the statement of the movant.
IV. Requirements for Evidentiary Submissions
To facilitate the court’s requirement that the parties’ briefs cite to CM/ECF
document and page numbers, the parties must electronically file all evidentiary
materials (e.g., affidavits, exhibits, depositions, or other products of discovery)
relied upon in support of or opposition to summary judgment motions separately
from their briefs and before they file their briefs in support of or opposition to
summary judgment.
4
Any party opposing a summary judgment motion may reference materials in
the moving party’s evidentiary submission without refiling those materials. Parties
shall not resubmit additional copies of the same documents.
A. Organization
The evidentiary submission must include a table of contents that includes a
brief narrative description of each document included: e.g., “Plaintiff’s Exhibit 1,
the Deposition of John Jones.” For ease of citation, each affidavit, exhibit,
deposition, or other product of discovery must be separately identified by a capital
letter or numeral (i.e., “Exhibit A” or “Exhibit 1”); and, if the exhibit contains more
than one page, each page must be separately numbered.
B. Depositions
The parties must submit entire depositions, even if they rely only on excerpts,
including all exhibits to the depositions. Depositions submitted as part of the
evidentiary record should be in travel transcript form with four pages of deposition
text per 8.5 x 11-inch page.
C. Submissions
The parties must electronically file their evidentiary submissions.
D. Conventional Submissions
To the extent a party cannot electronically file a piece of evidence, the
evidence must be conventionally filed with the Clerk of Court.
5
To conventionally file a piece of evidence, the party must file a Notice of
Conventional Filing at the time the party electronically files its evidentiary
submissions. The subject evidence must be conventionally filed with the Clerk of
Court within 24 hours of the Notice of Conventional Filing. Including
conventionally filed evidence with a courtesy copy to chambers is not filing and does
not satisfy this obligation.
If a party fails to comply with this requirement, that party bears the risk of
loss of or destruction to the evidence.
6
APPENDIX III
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
________ DIVISION
[Name of plaintiff(s)], )
)
Plaintiff(s), )
)
v. ) Case No.:
)
[Name of defendant(s)], )
)
Defendant(s). )
REPORT OF THE PARTIES’ PLANNING MEETING
1. Synopsis of the case: <Provide a brief synopsis of the case that advises the
court of the general claims and defenses of the parties. This synopsis must not
exceed one page.>
2. 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)>
3. Initial Disclosures. The parties [have completed] [will complete by <Date>]
the initial disclosures required by Rule 26(a)(1).
4. Discovery Plan. The parties propose this discovery plan:
<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, excluding experts
and parties.>
(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).>
5. Other Items:
(a) <A date if the parties ask to meet with the court before a scheduling
order.>
(b) <Final dates for the plaintiff to amend pleadings or to join parties.>
(c) <Final dates for the defendant to amend pleadings or to join parties.>
(d) <Final dates to file dispositive motions.>
(e) <State the prospects for settlement.>
(f) <Identify any alternative dispute resolution procedure that may
enhance settlement prospects.>
(g) <Suggested trial date and estimate of trial length.>
(h) <Other matters.>
Date: <Date> <Signature of the attorney or unrepresented
party>
____________________________________
<Printed name>
<Address>
<E-mail address>
<Telephone number>
Date: <Date> <Signature of the attorney or unrepresented
party>
____________________________________
<Printed name>
<Address>
<E-mail address>
<Telephone number>
2
SCHEDULING WORKSHEET
Plaintiff(s) v. Defendant(s)
Case No.
A. Deadlines
Parties’ Rule 26(f) Report Court’s Suggestion
Initial Disclosures
P: Deadline to Join Parties or P:
D: Amend Pleadings D:
P: P:
Expert Reports
D: D:
Rule 26(e) Supplementations Follow Rule 26(e)(1)(a)
All Discovery Complete
n/a Telephone Status Conference
Dispositive Motions
Witness & Exhibit Lists
Objections & Motions in Limine
Responses to Objections/MIL
Pretrial Conference
Trial Date (Jury) and Estimated
Date, #-days
Length of Trial
B. Discovery Limits
Parties’ Rule 26(f) Report Court’s Suggestion
# each, due within ## days
Interrogatories
of service
# each, due within ## days
Requests for Admission
of service
# each, due within ## days
Requests for Production
of service
# each, # hours each Depositions
3
