FORM
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
: CIVIL ACTION
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v. : NO.
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REPORT OF RULE 26(f) MEETING
In accordance with Federal Rule of Civil Procedure 26(f), counsel for the parties
conferred on (date) and submit the following report of their meeting for the court’s
consideration:
1. Discussion of Claims, Defenses and Relevant Issues
You should assume that the court has read the complaint and
is familiar with the claims. However, the facts supporting those
claims and defenses are unknown. Therefore, counsel shall
set forth concisely the factual background that the parties
contend support their claims and defenses.
Summarize your discussion of primary issues, threshold
issues and those issues on which the parties will need to
conduct discovery. Identify what information each party needs
in discovery as well as when and why. Also indicate likely
motions and their timing.
2. Informal Disclosures
State the parties’ agreement on timing, form and scope of
informal disclosures. Specifically identify not only the
information listed in Rule 26(a)(1), but any additional
information the parties agree to disclose informally.
Keep in mind that self-executing discovery must not be
delayed until the pretrial conference. If the parties have not
made the Rule 26(a) initial disclosures within the time required
by the Court’s Order scheduling the pretrial conference, they
should explain why not.
3. Formal Discovery
Indicate nature, sequence and timing of formal discovery, as
well as any need to conduct discovery in phases to prepare for
the filing of motions or for settlement discussions. Specifically
delineate what discovery will be conducted formally.
The discovery deadline should normally be no more than 120 -
150 days from the date of the Rule 16 pretrial conference. If
the parties believe there are compelling reasons for a longer
period of discovery, state them.
The parties are required to address procedures to preserve
electronically stored information, to avoid inadvertent privilege
waivers, and to determine the form in which electronic
information will be produced. The cost of producing the
information must be discussed.
4. Electronic Discovery
It is expected that the parties will reach an agreement on how
to conduct electronic discovery. In the event the parties cannot
reach such an agreement before the Rule 16 scheduling
conference, the court will enter an order incorporating default
standards. The default order can be viewed at
www.paed.uscourts.gov.
The parties shall discuss the parameters of their anticipated e-
discovery at the Rule 26(f) conference and shall be prepared
to address e-discovery at the Rule 16 scheduling conference
with the court.
5. Expert Witness Disclosures
Indicate agreement on timing and sequence of disclosure of
the identity and anticipated testimony of expert witnesses,
including whether depositions of experts will be needed.
The parties should expect that the court requires expert reports
to be exchanged simultaneously. If there are compelling
reasons to stagger the production of expert reports, state
them.
6. Early Settlement or Resolution
The parties must familiarize themselves with Local Rule 53.3
before responding. Recite the parties’ discussion about early
resolution through ADR, motion or otherwise explain what
steps were taken by counsel to advise the client of alternative
dispute resolution options.
Explain any decision not to seek early resolution and what
mediation options the parties may consider and when mediation
would be appropriate.
7. Trial
If a date certain is requested, state the reasons. Generally, if
requested, a firm trial date will be scheduled. Please provide
the estimated length of trial.
Please provide a statement whether all parties agree
to a referral of this case to a U.S. Magistrate Judge for
trial.1
8. Other Matters
Indicate discussion and any agreement on matters not
addressed above.
(Attorney Signature)
(Attorney Signature)
1
Magistrate Judges are authorized, with agreement of the parties, to try any civil
case, jury or non-jury, with appeals going directly to the Third Circuit.
