Freeman v. GNS Corporation

Filing 32

SCHEDULING ORDER: Mandatory disclosures shall be served by September 7, 2015. Counsel for the parties shall confer and, on or before September 14, 2015, they shall jointly file an abbreviated Rule 26(f) Report, a copy of which is attached. If one or more of the parties believes a planning conference is needed to complete the abbreviated Rule 26(f) Report, or if the parties cannot agree on one or more of the deadlines identified or case progression issues raised in the attached Rule 26(f) Report, on or before September 7, 2015, a party shall contact my chambers at [phone], or by email addressed to [e-mail], to arrange a conference call. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BOB FREEMAN,
Plaintiff,

4:14CV3203

vs.
SCHEDULING ORDER
GNS CORPORATION, A Nebraska
Corporation;
Defendant.
IT IS ORDERED:
1)

Mandatory disclosures shall be served by September 7, 2015.

2)

Counsel for the parties shall confer and, on or before September 14, 2015, they
shall jointly file an abbreviated Rule 26(f) Report, a copy of which is attached.

3)

If one or more of the parties believes a planning conference is needed to complete
the abbreviated Rule 26(f) Report, or if the parties cannot agree on one or more of
the deadlines identified or case progression issues raised in the attached Rule
26(f) Report, on or before September 7, 2015, a party shall contact my chambers
at [phone], or by email addressed to [e-mail], to arrange a
conference call.

August 17, 2015.

BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

Plaintiff,
vs.

Defendant.
The following attorneys conferred to prepare the Report of Parties’ Planning Conference
for the above-captioned case:
(Identify, for each party, the counsel who participated in preparing the Rule 26(f)
Report).
The parties discussed the case and jointly make the following report:
CASE PROGRESSION:
A.

Do any of the parties believe a planning conference would be beneficial and/or should be
held before a final scheduling order is entered? _____
Explain. __________________________________________________________.

B.

Motions to amend the pleadings or to add parties.
1)

The plaintiff
_____ does
_____ does not

anticipate need to amend pleadings or add parties. Any motions to amend pleadings shall
be filed by _______________.
2)

The defendant
_____ does
_____ does not
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anticipate need to amend pleadings or add parties. Any motions to amend pleadings shall
be filed by _______________.
If more than ninety days are needed, state the reason(s) why such time is
necessary._________________________________________________________.C.
Experts.
1)

If expert witnesses are expected to testify at the trial, counsel agree to at least
identify such experts, by name and address, (i.e., without the full reports required
by Rule 26(a)(2)), by _________________.

2)

Experts and, unless otherwise agreed, expert reports shall be served by
_________________. Note: The parties may agree on separate dates for the
plaintiff(s) and the defendant(s).

3)

Motions to exclude expert testimony on Daubert and related grounds will be filed
by _________________.

D.

Discovery.
1)

Written discovery under Rules 33 through 36 of the Federal Rules of Civil
Procedure will be completed by _________________.

2)

Depositions, whether or not they are intended to be used at trial, will be
completed by _________________.

3)

Agreed Discovery Procedures:
a.

Unique Circumstances. The following facts or circumstances unique to
this

case

will

make

discovery

more

difficult

or

more

time

consuming:_____________________________________________.
Counsel have agreed to the following actions to address that difficulty:
______________________________________________________.

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b.

Electronic Discovery Provisions: Counsel have conferred regarding the
preservation of electronically produced and/or electronically stored
information or data that may be relevant--whether privileged or not--to the
disposition of this dispute, including:

(i)

The extent to which disclosure of such data should be limited to
that which is available in the normal course of business, or
otherwise;

(ii)

The anticipated scope, cost, and time required for disclosure of
such information beyond that which is available in the normal
course of business;

(iii)

The format and media agreed to by the parties for the production of
such data or information as well as agreed procedure for such
production;

(iv)

Whether reasonable measures have been implemented to preserve
such data;

(v)

The persons who are responsible for such preservation, including
any third parties who may have access to or control over any such
information;

(vi)

The form and method of notice of the duty to preserve;

(vii)

Mechanisms for monitoring, certifying, or auditing custodial
compliance;

(viii)

Whether preservation will require suspending or modifying any
routine business processes or procedures, records management
procedures and/or policies, or any procedures for the routine
destruction or recycling of data storage media;

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(ix)

Methods to preserve any potentially discoverable materials such
as voice mail, active data in databases, or electronic messages;

(x)

The anticipated costs of preserving these materials and how such
costs should be allocated; and

(xi)

The entry of and procedure for modifying the preservation order as
the case proceeds.

The parties agree that:
_____ No special provisions are needed in respect to electronic discovery.
The court should order protection and production of such information in
accordance with its usual practice.
_____ As to electronically stored information, the following provisions
will be followed by the parties: ____________________.

c.

Privileged and/or confidential communications and information.
General practice: Under the court’s general practice, if any document is
withheld from production or disclosure on the grounds of privilege or
work product, the producing party shall, for each document, disclose a
description of the document withheld with as much specificity as is
practicable without disclosing its contents, including

(a) the general

nature of the document; (b) the identity and position of its author; (c) the
date it was written; (d) the identity and position of its addressee; (e) the
identities and positions of all persons who were given or have received
copies of it and the dates copies were received by them; (f) the document's
present location and the identity and position of its custodian; and (g) the
specific reason or reasons why it has been withheld from production or
disclosure. The non-producing party may move to compel documents
identified on the privilege log. The producing party may also seek a
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protective order to preserve the privilege or confidentiality of the
documents identified.
Special provisions.

To facilitate an early, efficient, and expeditious

resolution of discovery issues which may arise related to documents
withheld on the basis of alleged privilege or confidentiality, the parties
shall discuss and consider:
(i)

Whether the parties anticipate discovery issues or challenges
arising from non-disclosure of allegedly confidential information;

(ii)

Whether reasonable date ranges should be established after which
privilege log entries for privileged or confidential information need
not be made; and

(iii)

As contemplated by Rule 502(e) of the Federal Rules of Evidence,
the need for and terms of any agreement regarding disclosure of
privileged attorney-client communications or confidential work
product, and whether the parties will seek court approval of any
such agreement.

The parties agree that:
_____ No special provisions are needed regarding discovery of allegedly
confidential information. If such issues arise, they will be resolved in
accordance with the court’s general practice.
_____ In addition to, or in lieu of the court’s general practice for asserting
confidentiality claims and resolving disputes over nondisclosure of
allegedly confidential information, the parties agree the following
provisions will be followed: _______________________________.
d.

The maximum number of interrogatories, including sub-parts, that may be
served by any party on any other party is _____.

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e.

The maximum number of depositions that may be taken by the plaintiffs
as a group and the defendants as a group is _____.

f.

Depositions will be limited by Rule 30(d)(1), except the depositions of
_____________, which by agreement shall be limited as follows:
______________________________________________________.

g.

The parties stipulate that they will be required to give at least _____ days'
notice of their intention to serve records/documents or subpoenas on third
parties prior to issuance. See NECivR 45.1

h.

Other special discovery provisions agreed to by the parties include:
______________________________________________________.

E.

The following claims and/or defenses may be appropriate for disposition by dispositive
motion (motion to dismiss or for summary judgment or partial summary judgment):
________________________________________________.
Motions to dismiss and/or for summary judgment will be filed by _____________.

F.

Other matters to which the parties stipulate and/or which the court should know or
consider: __________________________________________________________.

G.

Consent to Trial Before Magistrate Judge.
In accordance with the provisions of 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, the
parties in this case may voluntarily consent to have a United States Magistrate Judge
conduct any and all further proceedings in the case, including the trial, and order the
entry of final judgment. The consent must be unanimous, and any appeal must be taken to
the United States Court of Appeals. If the parties do not presently consent, they may do
so at a later time and the case will remain with the assigned United States District Judge

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or, if not previously assigned, will be randomly assigned to a United States District
Judge.
_____ All parties hereby voluntarily consent to have the United States Magistrate Judge
conduct any and all further proceedings in this case including the trial, and order the entry
of final judgment.
_____ All parties do not consent at this time.

H.

Trial date.
1)

Jury Trial:
a.

_____ No party has timely demanded a jury trial.

b.

_____ A party has timely demanded a jury trial and does not anticipate
waiving that demand, and the parties agree that all or part of the claims in
this case must be tried to a jury.

c.

_____ A party has demanded a jury trial, and the parties disagree on
whether trial by jury is available in this case. A motion to strike the
(plaintiff’s/defendant’s) demand for jury trial will be filed no later than
_________________.

d.

_____ Having previously demanded a jury trial, the plaintiff now waives
jury trial. The defendant will file a demand for jury trial within _____
days of the filing of this report, in the absence of which jury trial will be
deemed to have been waived.

e.

_____ Having previously demanded a jury trial, the defendant now waives
jury trial. The plaintiff will file a demand for jury trial within _____ days
of the filing of this report, in the absence of which jury trial will be
deemed to have been waived.

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2)

This case will be ready for trial before the court by: (month, year) . If more than
eight months are required, state the special problems or circumstances that
necessitate that much time for trial preparation. ____________________

3)

The estimated length of trial is _____ days.

Dated: ________________________

_____________________________ ______________________________
Counsel for Plaintiff(s)

Counsel for Defendant(s)

CERTIFICATE OF SERVICE

I hereby certify that on ______________, I electronically filed the foregoing with the
Clerk of the Court using the CM/ECF system, which will send notification of such filing to the
following: ______________________________________________, and I hereby certify that I
have mailed by United States Postal Service the document to the following non CM/ECF
participants: _________________________________________.

s/______________________________

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