IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
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v. : CIVIL ACTION NO.
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JOINT REPORT OF RULE 26(f) MEETING
In accordance with Federal Rule of Civil Procedure 26(f), counsel for the parties conferred
on _____________ and submit the following report of their meeting for the Court’s consideration:
Date and time of Rule 16 Conference: __________________
Plaintiff’s Counsel participating in the Rule 16 conference: __________________________
Defendant’s Counsel participating in the Rule 16 conference: ________________________
Basis of Jurisdiction: _________________________________________________
Jury trial _______ Non-Jury Trial _______ Arbitration _______
Do the parties consent to having this case proceed before a Magistrate Judge? _______
1. Discussion of Claims, Defenses, and Relevant Issues
You should assume that the Court has read the complaint and answer and is familiar with
the claims. However, the facts supporting those claims and defenses are unknown. Therefore,
counsel shall set forth concisely the controlling facts that the parties contend support their claims
and defenses. Each party shall provide a brief factual summation of the case should be provided
as an attachment and should not exceed two pages in length, double spaced in 12 point font.
If counsel contends that one or more issues of fact or law will be dispositive, they should
specifically identify such issues.
Informal Disclosures
Except in exceptional cases with a substantial quantity of documents, the parties are
expected to have identified and produced documents falling within the definition of initial
disclosures under Rule 26(a)(1) in advance of the Conference with sufficient time for opposing
counsel to review them and be prepared to address them.
When did parties participate with Rule 26(a)’s duty of self-executing disclosure?
______________
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.
Formal Discovery
The discovery deadline should normally be no more than 90 - 120 days from the date of
that the Court provided notice of the Rule 16 conference, not from the date of the conference itself.
The parties anticipate discovery should be completed within ____ days.
If you contend the discovery period should exceed 120 days, please explain:
______________________________________________________________________________
____________________________________________________________________________
Have the parties discussed issues relating to claims of privilege or of protection as trial-
preparation material, as required by Rule 26(f)(3)(D)? ______________________________
Is electronic discovery needed: ______ If so, have the parties reached an agreement on how
to conduct electronic discovery? ________. If the parties cannot reach an agreement, in most
cases, the Court will enter an order incorporating default standards. The default order can be
viewed at www.paed.uscourts.gov.
Have all necessary authorizations been signed and exchanged in advance of the Conference (e.g.
HIPPA release, tax return authorization)? _____yes ______ no
Are there any discovery issues that should be addressed at the Rule 16 conference?
_________________________________________________________________________
_________________________________________________________________________
Does either party anticipate the use of experts? ______yes ______ no
If yes, describe the nature of the experts?
_________________________________________________________________________
_________________________________________________________________________
Insurance Coverage:
The parties shall provide full information about any potentially applicable insurance,
regardless of any disclaimer or reservation of rights, including the limits of coverage, potential
excess coverage, deductibles, self-insured retention (SIR), and whether any deductible or SIR
includes payment of counsel fees and costs.
Is there a relevant insurance policy? ______yes ______ no
If yes, then attach the policy to your response.
Dispositive Motions:
Are dispositive motions expected? ______yes ______ no ______ unsure
Are Daubert motions expected? ______yes ______ no ______ unsure
Settlement or Resolution
The parties should review Local Rule 53.3 before responding. Whenever possible, plaintiff
or counter-claim plaintiffs should communicate a settlement demand before the Conference. Set
forth 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.
If this matter is scheduled as a jury trial, the parties should disclose the most recent demand
and offer of settlement. This information should not be disclosed if a bench trial is expected.
Would a settlement conference be beneficial? ____________________________________
If so, when: _______ early ________ after discovery.
Other Matters
Please advise the Court if there are any other matters that will need to be addressed at the
Conference.
Counsel agrees that they have fully discussed their joint responses to this disclosure and have
jointly submitted this response to the best of their knowledge of their respective cases:
_______________________________
(Attorney Signature)
_______________________________
(Attorney Signature)
