- Category: Judge Berger
- Published on 01 August 2012
- Written by Judge Berger
- Hits: 956
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF KANSAS
Debtor(s). Case No. ____________
-vs-Adv. No. _____________
SCHEDULING ORDER INCORPORATING
REPORT OF PARTIES' PLANNING MEETING
(Held Pursuant to Fed. R. Civ. P. 26(f))
1. Pursuant to Fed. R. Civ. P. 26(f), the following parties held a meeting on [date] at [place]:
Name Address and Telephone Party Represented
2. Pre-Discovery Disclosures. The parties [choose one] [have exchanged] [will exchangeby (date)] the information required by Fed. R. Civ. P. 26(a)(1).
Discovery Plan: The parties jointly propose to the Court the following discovery plan:
[Use separate paragraphs or subparagraphs as necessary if parties disagree.]
Discovery will be needed on the following subjects:
[Insert a brief description of subjects on which discovery will be needed.]
All discovery will be completed by [date]. [Discovery on (issue for early
discovery) will be completed by (date).]
The parties [have] [have not] reached an agreement regarding preservation,
disclosure, or discovery of electronically stored information.
Identify any issues regarding electronically stored information as to whichthe parties have been unable to reach an agreement.
Each party may serve upon any other party a maximum of [number]
interrogatories. [Responses shall be due (number) days after service.]
Each party may serve upon any other party a maximum of [number] requests foradmission. [Responses shall be due (number) days after service.]
Plaintiff(s) may take a maximum of [number] depositions. Defendant(s) may take
a maximum of [number] depositions.
Each deposition [other than of (specify)] shall be limited to a maximum of
[number] hours unless extended by agreement of the parties.
Reports from retained experts under Rule 26(a)(2) shall be due from plaintiff(s)
by [date]; from defendant(s) by [date].
The parties [have] [have not] reached an agreement regarding the procedures forasserting claims of privilege or protection of either electronic or other discoverymaterial (if the case involves privilege or work-product claims).
Supplementation under Rule 26(e) shall be due within [time(s) or interval(s)].
4. Other Items [Use separate paragraphs or subparagraphs as necessary if partiesdisagree.]
The parties [request] [do not request] a conference with the Court before entryof the scheduling order.
The parties [request] [do not request] a final pretrial conference.
Plaintiff(s) shall be allowed until [date] to file a motion to join additional partiesand until [date] to file a motion to amend their pleadings.
Defendant(s) shall be allowed until [date] to file a motion to join additionalparties and until [date] to file a motion to amend their pleadings.
All potentially dispositive motions shall be filed by [date].
f. Settlement [choose one]: [is likely] [is unlikely] [cannot be evaluated prior to(insert date)] [may be enhanced by use of the following alternative disputeresolution procedure: ______________________________________].
g. Final lists of witnesses and exhibits under Fed. R. Civ. P. 26(a)(3) shall be duefrom plaintiff(s) by [date], and from defendant(s) by [date].
h. Parties shall have [number] days after service of final lists of witnesses and
exhibits to list objections thereto under Fed. R. Civ. P. 26(a)(3).
Pretrial Order Requirements:
Subject to Paragraph 5.b., Counsel for ________________________ shall draftthe Final Pretrial Conference Order based on the input of all the parties. The
Final Pretrial Conference Order shall be prepared in the form issued by the Court.
All counsel are jointly responsible for the timely preparation and submission ofthis Order bearing their approval signatures. Final Pretrial Conference Order due
The parties [request] [do not request] a Final Pretrial Conference Order. If the
parties agree that a Final Pretrial Conference Order is not necessary, then theCourt shall enter an order in the event the Court still requires same.
If filed, the Final Pretrial Conference Order shall control the subsequent course ofthis action and shall not be modified except by order of the Court on its ownmotion or on motion of the parties to prevent manifest injustice.
The Clerk will schedule this matter for trial and give notice thereof.
The trial of this case is expected to take approximately [length of time].
IT IS SO ORDERED.
[Plaintiff(s)' Attorney, including Address,
Telephone Number, and Kansas Supreme
Court Attorney Registration No.]
[Defendant(s)' Attorney, including Address,
Telephone Number and Kansas SupremeCourt Attorney Registration No.]