St. Louis Cardinals, LLC v. Lewis

Filing 11

RULE 16 ORDER This case is assigned to Track: 2 (standard) Joint Scheduling Plan due by 4/26/2007. Rule 16 Conference set for 5/1/2007 09:00 AM in Courtroom 17N before Mag Judge David D. Noce. Magistrate Consent due by 4/16/2007; Signed by Judge David D. Noce on 03/28/2007;(DJO)

St. Louis Cardinals, LLC v. Lewis

Doc. 11

Case 4:07-cv-00473-CEJ

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Filed 03/28/2007

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION ST. LOUIS CARDINALS, LLC, Plaintiff, v. DOUGLAS J. LEWIS, d/b/a STL Products, Defendant. ) ) ) ) ) ) ) ) ) )

No. 4:07 CV 473 DDN

ORDER SETTING RULE 16 CONFERENCE Pursuant to the Civil Justice Reform Act Expense and Delay Reduction Plan and the Differentiated Case Management Program of the United States District Court of the Eastern District of Missouri, IT IS HEREBY ORDERED that, Consent : This case has been randomly assigned to a United States Magistrate Judge. Unless previously submitted, no later than April 16, 2007 , each party must submit to the Clerk's Office the consent/option form either consenting to the jurisdiction of a United States Magistrate Judge or opting to have the case assigned to a United States District Judge. 1. Scheduling Conference: A Scheduling Conference pursuant to Rule 16, Fed.R.Civ.P., is set for May 1, 2007, at 9:00 a.m. in the courtroom of the undersigned. expected to discuss At the scheduling conference counsel will be in detail all matters covered by Rule 16,

Fed.R.Civ.P., as well as all matters set forth in their joint proposed scheduling plan described in paragraph 3, and a firm and realistic trial setting will be established at or shortly after the conference. 2. Meeting of Counsel: Prior to the date for submission of the joint proposed scheduling plan set forth in paragraph 3 below, counsel f or the parties shall meet to discuss the following: the nature and basis of the parties' claims and defenses, the possibilities for a prompt settlement or resolution of the case, the formulation of a discovery plan, and other topics listed below or in Rule 16 and Rule 2 6 (f), Fed.R.Civ.P. mat t e r s discussed Counsel will be asked to report orally on the at this meeting when they appear before the

undersigned for the scheduling conference, and will specifically be asked to report on the potential for settlement; whether settlement

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Case 4:07-cv-00473-CEJ

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demands or offers have been exchanged, without revealing the content of any offers or demands; and, suitability for Alternative Dispute Resolution. This meeting is expected to result in the parties reaching

agreement on the form and content of a joint proposed scheduling plan as described in paragraph 3 below. Only one proposed scheduling plan may be submitted in any case, and it must be signed by counsel for all parties. It will be the responsibility of counsel for the plaintiff to actually submit the joint proposed scheduling plan to the Court. to any matter required to be If the parties cannot agree as in the joint plan, the contained

disagreement must be set out clearly in the joint proposal, and the Court will resolve the dispute at or shortly after the scheduling conference. 3. counsel Joint Proposed Scheduling Plan: No later than April 26, 2007, shall file with the Clerk of the Court a joint proposed All dates required to be set forth in the plan shall
Track 2: Standard *Disposition w/i 18 mos of filing *180-240 days from R16 Conf. for discovery/dispositive motions Track 3: Complex *Disposition w/i 24 mos of filing *240-360 days from R16 Conf for discovery/dispositive motions

scheduling plan.
Track 1: Expedited

be within the ranges set forth below for the applicable track:
*Disposition w/i 12 mos of filing *120 days for discovery

The parties' joint proposed scheduling plan shall include: (a) (b) pleadings; (c) a discovery plan including: (i) a date or dates by which the parties will disclose inform a t i o n Fed.R.Civ.P., (ii) whether discovery should be conducted in phases or limited to certain issues, (iii) dates by which each party shall disclose its expert witnesses' identities and reports, and dates by which each party shall make its expert witnesses available for deposition, giving consideration to whether serial or simultaneous disclosure is appropriate in the case, and exchange documents pursuant to Rule 26(a)(1), whether the Track Assignment is appropriate; NOTE: This case dates for joinder of additional parties or amendment of has been assigned to Track 2: ( Standard ).

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(iv) whether the presumptive limits of ten (10) depositions per side as set forth in Rule 30(a)(2)(A), Fed.R.Civ.P., and twenty-five (25) interrogatories per party as set forth in Rule 33(a), Fed.R.Civ.P. should apply in this case, and if not, the reasons for the variance from the rules, ( v ) whether any physical or mental examinations of parties will be requested pursuant to Rule 35, Fed.R.Civ.P., and if so, by what date that request will be made and the date the examination will be completed, (vi) whet h er there exist any issues relating to disclosure or discovery of electronically stored information, including the form or forms in which it should be produced, ( v ii) a date by which all discovery will be completed applicable track range, Section 3. above) ; (vii i ) any other matters pertinent to the completion of discovery in this case, (d) the parties' positions concerning the referral of the action to mediation or early neutral evaluation, and when such a referral would be most productive; (e) (f) above) ; PLEASE NOTE: The court has assigned this case to Track 2 for disposition prior to 18 months after commencement of the action. Therefore, please select a trial period which, for this case, will result in the final disposition of this action in this court before September 9, 2008. Further, Track 2 requires that the conclusion of pretrial discovery and the filing of dispositive motions occur within 180-240 days following the Rule 16 conference. Therefore, for this case, please select dates for the conclusion of discovery and the filing of dispositive motions before January 2, 2008 . (g) (h) an estimate of the length of time expected to try the case any other matters counsel deem appropriate for inclusion in dates for the filing of any dispositive motions (see applicable track range, Section 3. above) ; the earliest date by which this case should reasonably be expected to be ready for trial (see applicable track range, Section 3. (see

to verdict; and the Joint Scheduling Plan.

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Case 4:07-cv-00473-CEJ
4. Disclosure of

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Corporate

Filed 03/28/2007
All

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non-governmental

Interests:

corporate parties are reminded to comply with Disclosure of Corporate Interests by filing a Certificate of Interest with the Court pursuant to E.D.Mo. L.R. 2.09. 5. Pro Se Parties: If any party appears in this action pro se, such party shall meet with all other parties or counsel, participate in the preparation and filing of a joint proposed scheduling plan, and appear for the scheduling conference, all in the same manner as otherwise required by this order.

/S/ David D. Noce DAVID D. NOCE UNITED STATES MAGISTRATE JUDGE

Signed on March 28, 2007.

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