UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
_________________________, :
:
Plaintiff, :
:
v. : No. _________________
:
_________________________, :
:
Defendant. :
JOINT REPORT BY COUNSEL TO THE COURT OF RULE 26(f) MEETING
(To Be Sent to Chambers Five (5) Days in Advance of Initial Rule 16 Pretrial Conference)
In compliance with Federal Rule of Civil Procedure 26(f), counsel for the parties jointly report as
follows:
1. Jurisdiction: State the basis for jurisdiction of the Court:
__________________________________________________________________
2. Trial:
(a) Jury Trial ____________
(b) Non-Jury Trial ____________
(c) Arbitration ____________
(d) Cross Motions for Summary
Judgment (no testimony required) ____________
(Check One)
3. Plaintiff Counsel: Name(s) of Plaintiff counsel attending Rule 16 Conference:
__________________________________________________________________
4. Defense Counsel: Name(s) of Defense counsel attending Rule 16 Conference:
__________________________________________________________________
5. Date of Rule 26 Conference: State the date the parties held required Rule 26
Conference: _______________________________________________________
6. Compliance with Rule 26(a) Self-Executing Disclosure Requirement: Have all
parties complied with Rule 26(a) duty of self-executing disclosure?
(a) Yes_____ No_____ (Check One)
(b) If no, state date compliance will occur: ___________________________
7. Class Actions (if applicable)
(a) Does the plaintiff seek to maintain this case as a class action?
Yes________ No__________
(b) Proposed Schedule
If yes, the parties shall confer and submit a mutually agreed upon proposed
schedule for this action and attach it to this Report. The schedule should address, at
a minimum, deadlines for the following: (i) threshold dispositive motions, such as
challenges to jurisdiction and venue, which may need to be decided before a
motion to certify a class; (ii) precertification class discovery, if needed; (iii) motion
for class certification; (iv) merits discovery; and (v) motions for summary
judgment.
(c) Precertification Discovery
If the parties seek to conduct precertification discovery, they should identify the
depositions and other discovery contemplated, as well as the subject matter, and be
prepared to explain why this discovery is necessary to the certification inquiry.1
The parties should also be mindful that Rule 23 contemplates that determination of
the propriety of class action be made at an early stage of the proceedings. See Fed.
R. Civ. P. 23(c)(1)(A).
8. Discovery:
(a) Fact Discovery
(i) The parties anticipate that fact discovery will be completed within
_____________ days (the Court allows up to 90 days from the date of the
initial Rule 16 pretrial conference to complete fact discovery).
(ii) If you contend the fact discovery period should exceed 90 days,
please state reason: _____________________________________
(iii) Do the parties anticipate serving Interrogatories and/or Requests
for Production?
Yes_____ No_____ (Check One)
(iv) Have Interrogatories and/or Requests for Production been served?
Plaintiff Yes______ No______ (Check One)
Defendant Yes______ No______ (Check One)
(b) Expert Discovery
Does either side anticipate the use of experts?
Plaintiff Yes_____ No_____ (Check One)
Defendant Yes_____ No_____ (Check One)
1
See Manual for Complex Litigation (Fourth) § 21.14 (2004).
(c) 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 on the Court’s web site at the link for
“Judges’ Info”, then proceed to “District Court Judges”, then proceed to “Joseph F.
Leeson, Jr.” to view “Order Governing Electronic Discovery”.
(d) Claims of Privilege
Have the parties discussed issues relating to claims of privilege or of protection of
trial-preparation material, as required by Rule 26(f)(3)(D)?
Yes_____ No_____ (Check One)
(e) Other Discovery Issues
Identify any other discovery issues which should be addressed at the Rule
16 Conference, including limitations on discovery, protective Orders needed, or
other elements which should be included in a particularized discovery plan.
____________________________________________________________
9. Case Dispositive Motions: Does either side expect to file a case-dispositive
motion?
(a) Plaintiff Yes____ No____ (Check One)
(i) If yes, under what Rule: _________________________________
(ii) If yes, specify the issue(s): _______________________________
(b) Defendant Yes____ No____ (Check One)
(i) If yes, under what Rule: _________________________________
(ii) If yes, specify the issue(s): _______________________________
10. Settlement:
Local Rule 53.3 requires litigants in all civil actions to consider the use of an
alternative dispute resolution process (“ADR”), such as mediation or settlement
conferences. The parties should familiarize themselves with this Rule before responding to
the following questions.
(a) (i) Do the parties want to explore with the Court the possibility of
settlement at the Rule 16 Conference?
Plaintiff Yes_____ No_____ (Check One)
Defendant Yes_____ No_____ (Check One)
(ii) Will all counsel have full authority to settle at Rule 16
Conference?
Yes_____ No_____ (Check One)
(b) Has the Plaintiff submitted a demand for settlement to Defendant?
Yes_____ No_____ (Check One)
(c) Is a settlement conference at a future date likely to be helpful? _________
If so, when: _________________________________________________
(d) Explain any decision not to seek early resolution through ADR, and
provide any other pertinent information about the discussions the parties have had
about ADR: _________________________________________
___________________________________________________________
11. Estimated Trial Ready Date: Approximate date case should be trial-ready:
__________________________________________________________________
12. Estimated Number of Days for Trial:
(a) For Plaintiff’s case: _______________
(b) For Defendant’s case: _____________
13. Disposition by U.S. Magistrate Judge: Following consultation with your clients,
do you agree to proceed before a U.S. Magistrate Judge for final disposition?
Yes_____ No_____ (Check One)
If yes, all counsel are to sign the attached Consent and Reference of a Civil
Action to a Magistrate Judge form and file the form on CM/ECF, using the event located in
the Other Documents category, only if you are consenting to the exercise of jurisdiction by
a United States magistrate judge. Do not return this form to the Judge. The Consent
should be filed at least 48 hours before the Initial Rule 16 Pretrial Conference. Thereupon
the Initial Rule 16 Conference will be cancelled by Judge Leeson, the case will be re-
assigned to the docket of a U.S. Magistrate Judge, and the Magistrate Judge will determine
future scheduling of the case.
14. Other Matters: Indicate discussion and any agreement on any matters not
addressed above, or such matters upon which the involvement of the Court is requested.
__________________________________________________________________
15. Summary of Claims, Defenses and Relevant Issues: The Complaint and Answer
are docketed with the Court and available for review, however, the facts supporting those
claims and defenses are not fully known. Therefore, both sides are to set forth concisely
the factual background that the parties contend support their claims and defenses (not to
exceed one page in length per party):
__________________________________________________________________
__________________________________________________________________
16. Telephone Conference Call-In Information. Plaintiff counsel to provide telephone
conference call-in number and access code here.
Dial-In Number: _______________________________
Access Code: _______________________________
17. Certification: By signing below and submitting this Joint Report by Counsel,
I certify that I have read and agree to comply with the “Policies and Procedures” of Judge
Joseph F. Leeson, Jr. (copy available on the Court’s website under “Judges’ Info”).
___________________________________ _________________________________
(Signature) (Signature)
Name of Attorney: ___________________ Name of Attorney: _________________
Counsel For: ________________________ Counsel For: ______________________
Law Firm Name: ____________________ Law Firm Name: __________________
Address: ___________________________ Address: _________________________
Telephone: _________________________ Telephone: _______________________
Fax: ______________________________ Fax ______________________________
E-Mail: ___________________________ E-Mail: __________________________
Date: _____________________________ Date: ____________________________
Consent and Reference of a Civil Action to a Magistrate Judge (EDPA 06/22)
UNITED STATES DISTRICT
COURT
for the
Eastern District of Pennsylvania
______________________________________ )
Plaintiff )
v. ) Civil Action No.
______________________________________ )
Defendant )
CONSENT AND REFERENCE OF A CIVIL
ACTION TO A RANDOMLY ASSIGNED
MAGISTRATE JUDGE
Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to
conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment.
The judgment may then be appealed directly to the United States Court of Appeals like any other judgment of this
court. A magistrate judge may exercise this authority only if all parties voluntarily consent.
You may consent to have your case referred to a randomly assigned magistrate judge, or you may withhold
your consent without adverse substantive consequences. The name of any party withholding consent will not be
revealed to any judge who may otherwise be involved with your case.
Consent to a magistrate judge’s authority. The following parties consent to have a randomly assigned United
States magistrate judge conduct all proceedings in this case including trial, the entry of final judgment, and all post-
trial proceedings.
Printed names of parties and attorneys Signatures of parties or attorneys Dates
Reference Order
IT IS ORDERED: This case is referred to a randomly assigned United States magistrate judge to
conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R.
Civ. P. 73.
Date: _____________________ _______________________________________
District Judge’s Signature
Judge Joseph F. Leeson, Jr._________________
Printed Name and Title
Note: Please file this form on CM/ECF, using the event located in the Other Documents category, only
if you are consenting to the exercise of jurisdiction by a United States magistrate judge. Do not return
this form to a judge.
