UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
LAREDO DIVISION
___________________, §
§
Plaintiff, §
§
vs. § CIVIL ACTION NO. 5:__-CV-____
§
___________________, §
§
Defendant. §
JOINT REPORT REQUIRED BY FED. R. CIV. P. 26(f)
AND JOINT DISCOVERY / CASE MANAGEMENT PLAN
Please restate each instruction in bold before furnishing the requested information.
Any differences between parties as to the response(s) to any matter must be set forth
in this report.
Preliminary Matters
1. State when and in what manner the parties conferred as required by Rule 26(f), and
identify the counsel and / or parties who participated in the conference.
2. List cases pending in this or any other district, along with the cause number and judicial
district, that are related to this case.
3. If another case is pending in this or any other district, can and should this case be
consolidated with that case?
4. Briefly describe what this case is about.
5. What is Plaintiff’s allegation of federal jurisdiction, or, if this case was removed, what is
Defendant’s allegation of federal jurisdiction?
6. Does Defendant (or Plaintiff if this case was removed) agree or disagree with this
allegation?
7. Does either party anticipate the need to add additional parties?
8. If so, list any additional parties and when they can be added.
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9. List any anticipated interventions.
10. Are there any issues in this case that may raise class allegations or class action issues?
Discovery
11. The conference required by Rule 26(f) was held on ______________________________,
at __________________________. Counsel / Parties who participated in the conference:
___________________________ for Plaintiff(s) ________________________________.
___________________________ for Defendant(s) ______________________________.
12. Describe the proposed discovery plan agreed upon at the conference. Include the
following:
a) What changes should be made in the timing, form, or requirement for disclosures
under Rule 26(a);
b) When and to whom Plaintiff anticipates it may send interrogatories;
c) When and to whom Defendant anticipates it may send interrogatories;
d) Of whom and by what date Plaintiff anticipates taking oral depositions;
e) Of whom and by what date Defendant anticipates taking oral depositions;
f) When Plaintiff (or the party with the burden of proof on an issue) will be able to
designate experts and provide the reports required by Rule 26(a)(2)(B), and when
the opposing party will be able to designate responsive experts and provide their
reports;
g) List expert depositions Plaintiff (or the party with the burden of proof on an issue)
anticipates taking and their anticipated completion date. See Rule 26(a)(2)(B).
h) List expert depositions the opposing party anticipates taking and their anticipated
completion date. See Rule 26(a)(2)(B).
13. If the parties do not agree on any portion of the discovery plan, describe the separate
views and proposals of each party.
14. Specify the discovery beyond initial disclosures that has been undertaken to date.
15. State the date the planned discovery can reasonably be completed.
Settlement and Trial Alternatives
16. Describe the possibilities of settlement or alternative dispute resolution that were
discussed at the Rule 26(f) meeting.
17. Describe what each party has done or agreed to do to bring about a prompt resolution.
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18. From the attorneys’ discussions with their respective clients, state the alternative dispute
resolution techniques that are reasonably suitable and state when such a technique may be
effectively used in this case.
19. Magistrate Judges may now hear jury and non-jury trials. Will the parties consent to trial
before a Magistrate Judge?
20. State whether a jury demand has been made and if it was made on time.
21. In the event of a trial, how many hours will it take to try this case?
Additional Conference Items
22. If there are any motions pending before the Court at this time, list them.
23. Can any of these motions be ruled upon at the Initial Pretrial and Scheduling Conference?
24. Are there any other matters peculiar to this case, including discovery, that deserve special
attention from the Court at the Initial Pretrial and Scheduling Conference?
25. Proposed Dates for Scheduling Order. Please review the proposed deadlines for many
of the pretrial events (listed below) that will be scheduled for this case. Both the events
and the proposed dates are intended to give the parties guidance in (1) formulating
answers to the other parts of this questionnaire and (2) scheduling the events preceding
the trial. The Scheduling Order that will be issued following the Scheduling Conference
will necessarily be more specific and detailed and will contain additional matters and
discovery limitations. The Court’s suggested dates and events may be appropriate for
this case. If not, please propose suggested modifications that the parties believe are
suited for this lawsuit. As indicated below by asterisks, some dates and events are
“inflexible” because of limited judicial resources and the Court’s calendar.
COURT’S PROPOSED PARTIES’ PROPOSED
PRETRIAL EVENTS
DATES DATES
Rule 26(f) Meeting*
File Joint Case Management Plan*
Rule 16(b) Scheduling Conference*
Rule 26(a)(1) Initial Disclosures*
Deadline for Joinder of all Parties
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Deadline for Plaintiff to Designate
Expert Witnesses and Provide
Reports
Deadline for Defendant to
Designate Expert Witnesses and
Provide Reports
Discovery Deadline
Deadline to Complete ADR
Deadline to Amend Pleadings (with
consent of all parties or leave of
Court)
Deadline to File Contested
Motions*
Deadline to File Joint Pretrial
Order, Motions in Limine, and
Proposed Jury Instructions (or
proposed findings of fact and
conclusions of law)
Pretrial Conference and Trial
Scheduling*
26. List the names, bar numbers, addresses, and telephone numbers of all counsel.
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