Zard v. Groupon, Inc.

Filing 8

NOTICE of RULE 16 PRETRIAL CONFERENCE: Pretrial Conference set for June 8, 2011 @ 10:00 AM in Judge's Chambers, Suite 734 (STP) before Judge Paul A. Magnuson. (smr)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Brian Zard
on behalf of himself and other
individuals similarly situated

Civil 11-00605 PAM/FLN

Plaintiff,
v.

NOTICE OF PRETRIAL
CONFERENCE

Groupon, Inc.
a Delaware Corporation
Defendant.

I.

DATE, TIME, PLACE AND PARTICIPANTS
A pretrial conference in the above case will be held on Wednesday, June 8, 2011 @

10:00 A.M. before the Honorable Paul A. Magnuson, at 316 North Robert St., Seventh Floor,
Suite 734, St. Paul, Minnesota. Counsel who will try the case should make every effort to be
present at the conference. Pursuant to Fed.R.Civ.P. 26(f), counsel shall meet in person at least
14 days before the scheduled pretrial conference.
II.

REPORT REQUIRED BY RULE 26(f)
Within 10 days after the Rule 26(f) meeting counsel shall jointly prepare and file with

the Clerk of Court, a complete written Report of the Rule 26(f) meeting. A copy of the Report
shall be sent directly to the undersigned one week prior to the conference. The Report
shall include:
A.

Date and place of the Meeting and Identification of the Parties, and Their Attorneys
1.

The date and place at which the meeting was held;

2.

3.

B.

Name, address and occupation of each party, together with the name,
address, and ID number of the attorneys who represented each party at
the meeting;
Name of insurance carriers which may be liable for payment of any
damage award;

Description of the Case
1.

A brief narrative of the facts giving rise to the lawsuit, including a
description of legal claims and defenses;

2.

A concise statement of the jurisdictional basis of the case, giving a brief
narrative description as well as statutory references by number;
A brief statement of the material factual issues to be resolved;

3.
C.

Pleadings
1.

2.

D.

A statement of whether all pleadings have been filed, and a description
of any amendments to the pleadings the party proposes to make
including the identification of any new parties to be added (if none, so
state);
Whether jury trial is available under the law, and whether a jury trial has
been timely demanded;

Discovery Plan1 and Nondispositive Motions
1.

2.

The date by which all discovery (including expert discovery) shall be
completed;

3.

The date by which all motions which seek to amend the pleadings or add
parties must be filed and the hearing thereon completed;

4.

1

Date by which all pre-discovery disclosures required by Rule 26(a)(1)
will be completed;

The date by which all other nondispositive motions must be filed and
served;

If the parties are unable to agree upon discovery plan, the Report shall separately set forth each
party's proposed plan.

5.
6.

The number of depositions each party shall be permitted to take
excluding expert witness depositions);

7.

A statement of how many, if any, expert witnesses each party anticipates
calling at trial, and a brief (one or two words) description of the type of
experts anticipated, e.g. medical doctor, economist, accident
reconstructionist, accountant;

8.

The dates by which each party shall disclose the identity of expert
witnesses and disclose the reports required under Rule 26(a)(2);

9.

Whether the parties anticipate expert depositions;

10.

The number of expert depositions each party shall be permitted to take.

11.

E.

The number of interrogatories each party shall be permitted to serve;

The frequency with which discovery responses must be supplemented
pursuant to Rule 26(a);

Dispositive Motions and Trial
1.
2.

Date by which the case will be ready to commence trial;

3.
III.

Date by which all dispositive motions shall be filed and noticed;

Estimated trial time including jury selection and instructions.

SETTLEMENT
A.

The parties should fully explore the possibility of settling this case at the Rule
26(f) meeting. If the case does not settle, the parties shall be fully prepared to
advise the court at the pretrial conference about the status of settlement
discussions.

B.

Plaintiff is directed to make a written settlement demand prior to the Rule 26(f)
meeting. Defendant shall respond in writing to this demand as soon as possible,

but in no event later than the date of the pretrial conference

C.

with the court.

If the plaintiff is unable to make a settlement demand, plaintiff shall be fully
prepared:
1.
2.

To advise the court what is needed to evaluate settlement; and

3.

D.

To explain the inability at the pretrial conference;

To advise the court of the earliest date the parties can realistically
evaluate settlement.

The parties shall be prepared to advise the court whether they wish to engage in
any method of alternative dispute resolution following pre-discovery disclosures
but before formal discovery is commenced.

If parties or counsel are not listed, it is the RESPONSIBILITY OF THE
PLAINTIFF'S COUNSEL to notify those parties or counsel of this conference
IMMEDIATELY. Also, if parties are outside of the Twin Cities area and a telephone
conference is desired, please contact the undersigned at [phone].
DATED: May 12, 2011

s/Suzanne M. Ruiz
Suzanne M. Ruiz, Calendar Clerk to
Judge Paul A. Magnuson
cc:

Myles Schneider
Jarod M. Bona