JENKO v. WAL-MART STORES, INC.
ORDER scheduling Initial Case Management Conference for 4/24/13 at 10:00 AM in Courtroom 7A before Judge David S. Cercone. Rule 26 conference to be held on or before 4/9/13. Stipulation Selecting ADR Process and Rule 26 Meeting Report due by 4/16/13. Signed by Judge David S. Cercone on 3/13/13. (Attachments: # 1 Exhibit A - Stipulation Selecting ADR Process; and # 2 Exhibit B - Rule 26 Report Form) (njt)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
JAMES JENKO, on behalf of himself and )
all others similarly situated,
WAL-MART STORES, INC.
ORDER OF COURT
AND NOW, this 13th day of March, 2013, counsel for all parties having been
identified on the record, IT IS HEREBY ORDERED as follows:
Initial Case Management Conference. Pursuant to Local Rule 16.1, an
Initial Case Management Conference shall be held before the undersigned on Wednesday, April
24, 2013, at 10:00 a.m., Courtroom No. 7A, Seventh Floor, United States Post Office and
Courthouse, Pittsburgh, PA. At the conference, the parties will discuss narrowing of the issues,
the extent of pretrial preparation, discovery procedures, the early disposition of controlling
questions of law, the probable extent of provable damages, the possibility of settlement, the
designation of an Alternative Dispute Resolution process, and any other matter that will
contribute to the prompt disposition of the case.
Trial counsel and all unrepresented parties shall be present at the conference.
If trial counsel is unable to attend, the Court will require the presence of substitute counsel who
is fully informed as to the status of the case and who is authorized to make binding agreements
on behalf of the client and trial counsel.
Rule 26(f) Conference. Pursuant to Rule 26(f) and notwithstanding the
pendency of any outstanding motion, the parties MUST confer to consider the nature and basis
of their claims and defenses and the possibilities for a prompt settlement or resolution of the case
and to make arrangements for the disclosures required by Rule 26(a)(1) on or before April 9,
2013. Plaintiff shall initiate this conference; however, the Court will hold all parties responsible
for ensuring that this conference is held in a timely manner.
Rule 26(f) Report. The parties MUST confer as necessary and MUST file
with the Court the Stipulation Selecting ADR Process (form attached hereto) and the Rule 26(f)
Report (form attached hereto) on or before April 16, 2013. The parties may decide who will
prepare and file the Stipulation and Rule 26(f) Report; however, the Court will hold all parties
responsible for ensuring that the Stipulation and Report are filed in the correct form and in a
timely manner. This Court requires strict compliance with Rule 26.
THE PARTIES ARE HEREBY NOTIFIED THAT ANY IDENTIFIED
NEUTRAL (COURT APPROVED OR PRIVATE) IS REQUIRED TO BECOME A
REGISTERED USER OF THE ELECTRONIC CASE FILING SYSTEM IN THE
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF
PENNSYLVANIA. COUNSEL SHALL SO NOTIFY THEIR AGREED UPON
NEUTRAL AND REFER THEM TO THE COURT’S WEBSITE AT
WWW.PAWD.USCOURTS.GOV FOR USER REGISTRATION FORMS. COUNSEL
SHALL CONFIRM TO THE COURT AT THE INITIAL CASE MANAGEMENT
CONFERENCE THAT THE SELECTED NEUTRAL HAS COMPLETED THIS
s/ DAVID STEWART CERCONE
David Stewart Cercone
United States District Judge
Joseph H. Chivers, Esquire
Brandon J. Lester, Esquire
(Via CM/ECF Electronic Mail)