FORM
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PLAINTIFF : CIVIL ACTION
:
v. : NO. ________
:
DEFENDANT :
JOINT 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.
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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 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.
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. It is expected that the parties will reach an
agreement on how to conduct e-discovery.
4. 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.
5. Early Settlement or Resolution
The parties must familiarize themselves with Local Rule 53.3. Recite
the parties’ discussion about early resolution through ADR and state
what steps were taken by counsel to advise the client of alternative
dispute resolution options. Explain any decision not to seek early
resolution. State what mediation options the parties may consider and
when mediation would be appropriate.
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6. Magistrate Jurisdiction
Indicate discussion between the parties about having the entire matter
transferred to the jurisdiction of a U.S. Magistrate Judge pursuant to
28 U.S.C. § 636(c) and Fed.R.Civ.P. 73.
7. Trial date
State the parties’ agreement on the three or four week range of time
during which the case will be assigned to a trial pool or given a trial
date certain.
8. Other Matters
Indicate discussion and any agreement on matters not addressed
above.
(Attorney Signature)
(Attorney Signature)
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