FORM
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CIVIL ACTION
v.
NO.
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
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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.
Counsel shall include specific dates for all pretrial deadlines in accordance with the
template for standard cases provided in Schedule A of this document. In standard cases, the
Court usually allows up to one hundred twenty (120) days from the date of the Rule 16
conference to complete fact discovery, thirty (30) days for exchange of experts’ reports and up to
thirty (30) days to conduct expert depositions. In complex cases, the Court will permit additional
time to conduct fact and/or expert discovery if the parties identify specifically the reason to do
so. A case will ordinarily be listed for trial after dispositive motion practice is complete. If the
parties believe there are compelling reasons for a longer period of discovery, state them.
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
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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:
(1) referral to a magistrate judge for a settlement conference;
(2) consent to a magistrate judge handling the matter in its entirety;
(3) court mediation; or
(4) ADR.
Explain any decision not to seek early resolution, and what mediation options the parties
may consider and when mediation would be appropriate.
Frequently, the Court will order counsel to submit a joint report as to whether they
believe a settlement conference before a magistrate judge, or some other form of alternative
dispute resolution, would be of assistance in resolving the case. Indicate in the proposed
discovery plan when the parties deem this appropriate to occur.
7. Trial Date
Chambers will contact the parties if no dispositive motions are filed after the deadline, or
after dispositive motions are decided, to schedule all further proceedings, including a trial date.
8. Other Matters
Indicate discussion and any agreement on matters not addressed above.
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(Attorney Signature)
(Attorney Signature)
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SCHEDULE A
The standard discovery plan is as follows:
Event Description Timing Date Certain
Initial Disclosures Date of Completion
Written Discovery Deadline Flexible. Prior to fact
discovery deadline
Fact Discovery Deadline 120 days from the date of
the Rule 16 conference
Parties exchange curriculum vitae and 30 days from fact
reports of expert witnesses discovery deadline
Any responses or rebuttal reports to expert 30 days after exchange of
witness discovery expert discovery
Close of expert discovery, including expert 30 days after responses
depositions or rebuttal reports
Motions for summary judgment and/or 30 days after close of
Daubert motions expert discovery
Responses to dispositive motions 30 days after dispositive
motions deadline
If the parties believe there are compelling reasons for bifurcated expert discovery, state them. If
bifurcated expert discovery is requested, the template for standard track cases is as follows:
Event Description Timing Date Certain
Initial Disclosures Date of Completion
Written Discovery Deadline Flexible. Prior to fact
discovery deadline
Fact Discovery Deadline 120 days from the date of
the Rule 16 conference
Plaintiff(s) shall serve Defendant(s) with 30 days from fact
curriculum vitae and reports of expert discovery deadline
witnesses
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Any responses or rebuttal reports to 30 days after service of
Plaintiff expert witness discovery Plaintiff expert discovery
Defendant(s) shall serve Plaintiff(s) with 14 days after service of
curriculum vitae and reports of expert Plaintiff expert discovery
witnesses
Any responses or rebuttal reports to 30 days after service of
Defense expert witness discovery Defense expert discovery
Close of expert discovery, including expert 30 days after responses
depositions or rebuttal reports to
Defense expert discovery
Motions for summary judgment and/or 30 days after close of
Daubert motions expert discovery
Responses to dispositive motions 30 days after dispositive
motions deadline
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