Morris v. R.A. Popp Enterprises, Inc. et al
Filing
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MEMORANDUM AND ORDER - Mandatory disclosures shall be served by March 16, 2012. Jointly filed Abbreviated Rule 26(f) Report shall be filed on or before March 26, 2012. If parties believe a planning conference is needed to complete the abbreviated Rule 26(f) Report, contact Chambers before March 19, 2012.Ordered by Magistrate Judge Cheryl R. Zwart. (DMS)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOSEPH J. MORRIS, on behalf of himself
and all others similarly situated,
Plaintiff,
v.
R.A. POPP ENTERPRISES, INC.,
RONALD POPP, RUTH ANN POPP,
KAREN POPP, and ANDREW POPP,
Defendants.
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8:11CV263
MEMORANDUM AND ORDER
The court has entered an order granting the plaintiff’s motion for class certification. See
filing 33. The parties filed a Rule 26(f) Report on September 28, 201 , but many of the suggested
deadlines in that report have passed. Accordingly,
IT IS ORDERED:
1)
Mandatory disclosures, (Fed. R. Civ. P. 26(a)(1)), shall be served by March 16,
2012.
2)
Counsel for the parties shall confer and, on or before March 26, 2012 they shall
jointly file an abbreviated Rule 26(f) Report, a copy of which is attached.1
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 March 19, 2012, a party shall contact my chambers at (402)
437-1670, or by email addressed to zwart@ned.uscourts.gov, to arrange a conference
call.
February 24, 2012.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge
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The abbreviated Rule 26(f) Report includes, verbatim, the Case Progression section
of the “F orm 35 (R ule 2 6 (f)) Report” available online at
http://www.ned.uscourts.gov/forms/.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
Plaintiff(s),
v.
Defendant(s).
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_:__CV____
ABBREVIATED
RULE 26(f) REPORT
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 an initial planning conference would be beneficial
and/or should be held before a final scheduling order is entered? _____
Explain. _____________________________________________________________
B.
Mandatory disclosures required by Rule 26(a)(1), including a statement of how each
matter disclosed relates to the elements of the disclosing party's claims or defenses
_____ have been completed.
_____ will be completed by ___________________________________________.
C.
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
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.
__________________________________________________________________
D.
Experts.
1)
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)
E.
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 _________________.
Motions to exclude expert testimony on Daubert and related grounds will be
filed by _________________.
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:
____________________________________________________________.
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Counsel have agreed to the following actions to address that difficulty:
____________________________________________________________.
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;
(ix)
Methods to preserve any potentially discoverable materials
such as voice mail, active data in databases, or electronic messages;
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(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 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;
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(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 _____.
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:
____________________________________________________________.
F.
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): __________________________________________________________.
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Motions to dismiss and/or for summary judgment will be filed by _______________.
G.
Other matters to which the parties stipulate and/or which the court should know or
consider: __________________________________________________________.
H.
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 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.
I.
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 _____
6
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.
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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