Wagner v. Jones

Filing 4

ORDER GIVING NOTICE OF DISMISSAL. Rule 16 Dismissal deadline set for 6/9/2009. Signed by R Johnson for Clerk Marjorie Krahn on 5/26/2009. (Attachments: # 1 Local Rule 41.1, # 2 Rule 16 Worksheet and Proposed Order) (rmj)

U.S. DISTRICT COURTS FOR THE NORTHERN/SOUTHERN DISTRICTS OF IOWA
INSTRUCTIONS AND WORKSHEET FOR PREPARATION OF
SCHEDULING ORDER AND DISCOVERY PLAN
Effective December 1, 2000
ORDER REQUIRING SUBMISSION OF SCHEDULING ORDER
AND DISCOVERY PLAN
Please carefully review the Local Rules, revised as of January 1, 2006, for a more
complete description of the District’s requirements for pretrial case management (available at
www.iand.uscourts.gov or www.iasd.uscourts.gov ).
IT IS ORDERED THAT counsel for the parties shall confer, as required by Federal Rules
of Civil Procedure 16 and 26 and Local Rules 16.1 and 26.1, then file a "proposed scheduling order and
discovery plan" through the Court's electronic filing system (CM/ECF). If counsel are not
able to agree upon the deadlines required to complete the form or are requesting deadlines
significantly beyond those suggested in the form, or if the case involves any special issues that
require the early attention of the court, counsel should, in paragraph 11 of the form, request a
Rule 16(b) and 26(f) scheduling and planning conference with the court.
____________________________________
U.S. MAGISTRATE JUDGE
Follow this worksheet at your Rule 16(b) and 26(f) conference.
The deadlines referred to in the worksheet are suggested
deadlines except for the dispositive motion deadline, which
MUST be at least 120 days before the trial ready date. File only
the attached proposed scheduling order and discovery plan.
DO NOT FILE THE WORKSHEET.
1

INITIAL DISCLOSURES: State whether the parties entered into an agreement at
the Rule 26(f) conference resolving all issues relating to the Federal Rule of Civil
Procedure 26(a)(1) initial disclosures in this action.
_____ yes

_____ no

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If you answered “no” to the last question, state whether any party objected at the
Rule 26(f) conference either to making the initial disclosures or to the timing of the
initial disclosures.
_____ yes

_____ no

If any party objected at the Rule 26(f) conference either to making the initial disclosures or
to the timing of the initial disclosures, then within 10 days after the scheduling order and
discovery plan is filed, the objecting party must serve and file a document in which the
objections are set forth with particularity.
If the parties have entered into an agreement concerning the timing of the initial
disclosures, state the date by which the initial disclosures will be made.
________________________________
(insert date)
Unless a different deadline is set by agreement of the parties or court order, or unless a
party objects to making the initial disclosures or to the timing of the initial disclosures, Local
Rule 26.1(a) requires that the initial disclosures be made within 14 days after the Rule 26(f)
conference.
Federal Rule of Civil Procedure 26(a)(1) requires that the parties must, without awaiting
a discovery request, provide to other parties:
(A) the name and, if known, the address and telephone number of each individual likely to
have discoverable information that the disclosing party may use to support its claims or
defenses, unless solely for impeachment, identifying the subjects of the information;
(B) a copy of, or a description by category and location of, all documents, data
compilations, and tangible things that are in the possession, custody, or control of the party
and that the disclosing party may use to support its claims or defenses, unless solely for
impeachment;
(C) a computation of any category of damages claimed by the disclosing party, making
available for inspection and copying as under Federal Rule of Civil Procedure 34 the
documents or other evidentiary material, not privileged or protected from disclosure, on
which such computation is based, including materials bearing on the nature and extent of
injuries suffered; and
(D) for inspection and copying as under Federal Rule of Civil Procedure 34 any insurance
agreement under which any person carrying on an insurance business may be liable to
satisfy part or all of a judgment which may be entered in the action or to indemnify or
reimburse for payments made to satisfy the judgment.
If the parties have any other disputes concerning initial disclosures or are aware of any
other issues relating to scheduling or planning that might benefit from the early intervention of the
court, the parties may, in paragraph 11 of the proposed scheduling order and discovery plan,
request a court-sponsored pretrial discovery and planning conference.
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WORKSHEET – DO NOT FILE – WORKSHEET

2.

ADDING PARTIES: State the deadline for filing motions to add parties.
________________________________
(insert date)

This deadline should be no more than 2 months after the date the proposed
scheduling order and discovery plan is submitted to the court.
3.

AMENDING PLEADINGS: State the deadline for filing motions to amend
pleadings.
________________________________
(insert date)

This deadline should be no more than 2 months after the date the proposed
scheduling order and discovery plan is submitted to the court.
4.

EXPERT WITNESSES: State the deadlines for the parties to disclose, in
accordance with Federal Rule of Civil Procedure 26(a)(2)(A) and (B), all “expert
witnesses” who may be used at trial to present evidence under Federal Rules of
Evidence 702, 703, or 705.
Plaintiff’s experts:

________________________________
(insert date)

Defendant’s experts:

________________________________
(insert date)

Plaintiff’s rebuttal experts:

________________________________
(insert date)

The deadlines for the plaintiff to disclose experts, for the defendant to disclose experts,
and for the plaintiff to disclose rebuttal experts should be no more than 3 months, 5 months, and
6 months, respectively, after the date the proposed scheduling order and discovery plan is
submitted to the Clerk of Court. Except as otherwise stipulated by the parties or ordered by the
court, the parties must, by these deadlines, disclose to the other parties: (a) the identity of each
expert witness; and (b) a written report prepared and signed by each expert witness, as required
by Federal Rule of Civil Procedure 26(a)(2)(B). The report must contain a complete statement
of all opinions to be expressed and the basis and reasons therefor; the data or other information
considered by the witness in forming the opinions; any exhibits to be used as a summary of or
support for the opinions; the qualifications of the witness, including a list of all publications
authored by the witness within the preceding ten years; the compensation to be paid for the study
and testimony; and a listing of any other cases in which the witness has testified as an expert at
trial or by deposition within the preceding four years.

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5.

DISCOVERY: State the date by which all discovery will be completed, not
propounded.
________________________________
(insert date)

This deadline should be no more than 8 months after the date the proposed
scheduling order and discovery plan is submitted to the court.
Federal Rule of Civil Procedure 26(e) imposes a continuing duty to supplement discovery
responses as soon as practicable. All discovery responses must be supplemented at least
30 days before the close of discovery.
6.

DISPOSITIVE MOTIONS: State the deadline for filing dispositive motions.
________________________________
(insert date)

This deadline must be at least 120 days before the trial ready date, but should be no
more than 9 months after the date the proposed scheduling order and discovery plan
is submitted to the court.
7.

TRIAL READY DATE: State the date on which the parties anticipate the case will
be ready for trial.
________________________________
(insert date)

This deadline should be no more than 13 months after the date the proposed
scheduling order and discovery plan is submitted to the court, but must not be less than
120 days after the dispositive motion deadline.
8.

JURY DEMAND: State whether a jury demand has been filed.
_____ yes

9.

_____ no

ESTIMATED LENGTH OF TRIAL: State your estimate of the number of days
required for trial. For jury trials, include in your estimate the time required for jury
selection, opening statements, closing arguments and instructions.
If
circumstances change, the parties should immediately so notify the court. In any
event, the parties should notify the court of any change in the time required
for trial and of their new estimated length of trial by at least 30 days before
the trial readiness date in paragraph 7.
______________________
(insert number of trial days)

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10.

SETTLEMENT CONFERENCE: Indicate one of the following two choices
regarding a court-sponsored settlement conference:
______ A court-sponsored settlement conference should be set by the court at this
time for a date after: ____________________________________.
(insert date)
______ A court-sponsored settlement conference is not necessary at this time.

11.

SCHEDULING AND PLANNING CONFERENCE: State whether the parties
believe a court-sponsored scheduling and planning conference pursuant to Federal
Rules of Civil Procedure 16(b) and 26(f) would be appropriate in this case.
_____ yes

12.

_____ no

CONSENT TO MAGISTRATE JUDGE: State whether the parties unanimously
consent, or do not unanimously consent, to trial, disposition, and judgment by a
United States Magistrate Judge, with appeal to the Eighth Circuit Court of Appeals.

_____ yes, we unanimously consent

_____ no, we do not unanimously consent

You may consent in either a jury or non-jury case. Cases consented to the United States
Magistrate Judge will be set for trial on a date certain.
13.

DELIVERY OF FORM TO CLERK OF COURT: File a "proposed scheduling order
and discovery plan" through the Court's electronic case filing system (CM/ECF).

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF IOWA
____________________________,
Plaintiff(s),
vs.
____________________________,
Defendant(s).

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NO. __________________

PROPOSED
SCHEDULING ORDER AND
DISCOVERY PLAN

Counsel have conferred and submit the following case information and proposed dates for case management:
1.

Did the parties enter into an agreement at the Rule 26(f) conference resolving all issues relating to initial
disclosures?
____ yes _____ no If you answer “no,” state whether any party objected at the
Rule 26(f) conference to making or to the timing of the initial disclosures:
____ yes _____ no
If any party objected at the Rule 26(f) conference to making or to the timing of the initial
disclosures, then the objecting party must, within 10 days after this order and plan has been filed,
serve and file a document in which the objections are set forth with particularity. If the parties have
agreed to a deadline for making the initial disclosures, state the date by which the initial disclosures will
be made:

2.
3.
4.

Deadline for motions to add parties:
Deadline for motions to amend pleadings:
Expert witnesses disclosed by:
a) Plaintiff:
b) Defendant:
c) Plaintiff Rebuttal:
Deadline for completion of discovery:
Dispositive motions deadline (at least 120 days before Trial Ready Date):
Trial Ready Date (at least 120 days after Dispositive Motions Date):
Has a jury demand been filed?
_______ yes
_______ no
Estimated length of trial:
_______ days
Settlement conference (choose one of the following): (a) ______ A court-sponsored settlement
conference should be set by the court at this time for a date after: ________________________; or
(b) ______ A court-sponsored settlement conference is not necessary at this time.
Should the court order a court-sponsored scheduling and planning conference pursuant to Fed. R. Civ.
______ yes
_______ no
P. 16(b) and 26(f)?
Do the parties unanimously consent to trial, disposition and judgment by a U.S. Magistrate Judge, with
appeal to the Eighth Circuit Court of Appeals pursuant to 28 U.S.C. § 636(c)(3)?
______ yes
_______ no

5.
6.
7.
8.
9.
10.

11.
12.

______________________________
Attorney for Plaintiff(s):

______________________________
Attorney for Defendant(s):

Address:

Address:

Telephone:

Telephone:

Facsimile:

Facsimile:

E-mail address:

E-mail address: