IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
PLAINTIFF NAME, :
Plaintiff, :
:
v. : Civil No. X:xx-cv-0xxxx-JMG
:
DEFENDANT NAME, et al., :
Defendants. :
__________________________________________
JOINT RULE 26(f) REPORT
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:
I. Counsel
A. Lead counsel for Plaintiff(s): _____________________________
B. Lead counsel for Defendant(s): _____________________________
C. Counsel who participated in Rule 26(f) conference on behalf of Plaintiff(s):
____________________
____________________
____________________
D. Counsel who participated in Rule 26(f) conference on behalf of Defendant(s):
____________________
____________________
____________________
II. Description of Claims and Defenses
The Parties 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 summarize the primary facts that the parties contend support their claims and defenses and
the threshold legal issues. Counsel should not merely parrot their pleadings. In addition, the
Parties should attach critical documents to this report for the Court to review, if not attached to the
pleadings already (e.g., in a contract case, the document(s) comprising the contract; in a personal
injury case, photographs of the scene, etc.).
III. Stipulated Facts
The Parties must stipulate to facts that are not in dispute. In the interest of judicial
economy and avoiding duplicative and/or unnecessary discovery, the Parties are required to
identify and sign a stipulation outlining facts which they do not intend to dispute, although they
are not required to identify disputed facts at this early stage.
IV. Jurisdiction
The Parties must state the basis for this Court’s subject matter jurisdiction over the dispute.
V. Insurance Coverage and Deductibles
The Parties must disclose any insurance coverage and the cost of the retainer or deductible
as required by Rule 26(a)(1)(A).
VI. Dispositive Motions
The Parties must identify if either side expects to file a case-dispositive motions, what
motion, and approximate timeline for the motion.
VII. Anticipated Scope of Discovery
A. Summarize with specificity those issues on which the Parties will need to conduct
discovery. Identify categories of information each Party needs in discovery and why.
B. Anticipated number of interrogatories per Party: ___________________
C. Anticipated number of depositions per Party: ___________________
D. To the extent either Party proposes to exceed the presumptive limits in the Federal
Rules of Civil Procedure for discovery, explain the basis for that proposal.
E. Do the Parties anticipate the need for any third-party discovery? If so, identify the
likely third-parties and the discovery to be sought.
F. Do the Parties anticipate the need for experts? If so, identify the subjects on which the
expert(s) may opine.
VIII. Status of Discovery
The Parties must summarize the status of discovery to-date. 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. If
nothing has been done in terms of discovery, the Parties should explain why. Keep in mind that
self-executing discovery must not be delayed until the pretrial conference.
IX. Proposed Case Management Deadlines
When completing this section, the Parties should presume that the Court will not bifurcate
fact and expert discovery. Therefore, the Parties should propose dates that take that presumption
into account.
A. Deadline to serve initial disclosures under Rule 26(a)(1) (*must be exchanged at least
one (1) business day before Rule 16 conference): ___________________
B. Deadline to amend pleadings to add claims or Parties (*must be as early as practicable
to avoid prejudice or unnecessary delays): ___________________
C. Deadline for affirmative expert reports (if any) and disclosure of lay witness opinion
testimony with related information and documents (if any): ___________________
D. Deadline for rebuttal expert reports (if any): ___________________
E. Deadline to complete all discovery (fact and expert, including expert depositions):
___________________
F. If any Party seeks more than 120 days for discovery, explain why.
G. Deadline to file motion for summary judgment: ___________________
H. Estimated trial ready date: ___________________
I. Estimated Number of Days for Trial: ___________________
X. Deposition Scheduling
The Court expects the Parties to meet and confer as soon as practicable to set aside dates
to hold open for depositions before the close of discovery. If the Parties have not already done so,
the Court will order the Parties to do so within two weeks of the Rule 16 conference.
Have the Parties set aside dates for deposition? ___ Yes ___ No
If yes, what are those dates? _________________________________________________
If no, when do the parties intend to confer, and how many dates do they intend to set aside?
____________________________________
XI. Electronic Discovery
Prior to the Rule 16 conference, the Court expects the Parties to have a thorough
discussion about electronic discovery, including but not limited to 1) the need for electronically
stored information (“ESI”), 2) sources of ESI, 3) the anticipated scope of electronic discovery, 4)
the identity of potential custodians, 5) whether search terms will be necessary and, if so, any
limitations thereto, 6) the respective burdens of collecting, reviewing, and producing ESI,
including any claims for cost-shifting under the Federal Rules of Civil Procedure, and 7) any
anticipated problems with electronic discovery. The Parties should summarize their discussion on
these issues here. The Court expects counsel who attend the Rule 16 conference to be familiar
with and able to discuss any ESI-related issues that might arise.
In addition, the Parties should state whether they have agreed to an ESI stipulation. If so,
the Parties should submit the stipulation to the Court in advance of the Rule 16 conference.
If not, the Parties should identify what issues need to be resolved to finalize the stipulation.
XII. Protective Orders and Confidentiality Agreements
The Parties should indicate whether they anticipate the need for a protective order in this
case. If so, the Parties must explain what type of information needs protection from disclosure
and why such protection is warranted under governing standards. In addition, the Parties are
directed to Judge Gallagher’s Policies and Procedures concerning Protective Orders and
Confidentiality Agreements.
XIII. Alternative Dispute Resolution
A. Have the Parties engaged in any settlement discussions? If so, set forth the status of
those negotiations. If not, explain why not.
B. Have the Parties explored or considered other forms of alternative dispute resolution?
If so, summarize those efforts. If not, state the Parties’ positions with respect to ADR,
as required under Local Rule of Civil Procedure 53.3.
C. Identify the individual who will attend the Rule 16 conference who will have authority
to discuss settlement.
XIV. Consent to Send Case to a Magistrate Judge
The Parties should indicate whether they consent to have a United States Magistrate Judge
conduct any or all proceedings in this case, pursuant to 28 U.S.C. § 636(c).
XV. Policies and Procedures
Judge Gallagher’s Policies and Procedures are available for the Parties to review on the
Court’s website. By signing below, counsel for each Party and/or each pro se Party represents that
he or she has reviewed the Judge’s Policies and Procedures and acknowledges the requirements
contained therein. The Parties and their counsel further acknowledge by signing below that Judge
Gallagher will strike pleadings and other submissions that do not comply with his Policies and
Procedures.
XVI. Other Matters
The Parties should identify any other issues that have not been addressed above but may
require the Court’s attention (e.g., anticipated motions, bifurcation, privilege issues, etc.).
ACKNOWLEDGEMENT OF RULE 26(F) MEETING AND THE ABOVE SUBMISSION
TO THE COURT:
_________________________________ _________________________________
Name: Name:
Counsel For: Counsel For:
Law Firm Name: Law Firm Name:
Address: Address:
Telephone: Telephone:
Fax: Fax:
E-Mail: E-Mail:
Date: Date:
