LYTTLE v. The UNITED STATES OF AMERICA et al

Filing 69

ORDER FOR DISCOVERY PLAN sent to all parties. Counsel should read the order in its entirety for critical deadlines and information. Signed by Dennis P. Iavarone, Clerk of Court on 10/17/2011. (Sawyer, D.) (Sawyer, D.).

United States District Court
EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
NO. 4:10-CV-142-D

MARK DANIEL LYTTLE,
Plaintiffs,

v.
THE UNITED STATES OF AMERICA, ET AL.,
Defendants

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ORDER FOR
DISCOVERY PLAN

Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, the Court will enter a
scheduling order in this case. The Rule 26(f) meeting must occur by November 18, 2011. The
attorneys of record and all unrepresented parties that have appeared in the case are jointly responsible
for arranging the conference and for attempting in good faith to agree on the proposed discovery
plan. The discovery plan must be submitted to the Court within fourteen (14) days after the
26(f) meeting.
Please confer with opposing counsel and present to the court a discovery plan. Pursuant to
Rule 16(b), the planning meeting required by F.R.Civ.P.26(f) and the discovery plan contemplated
by this request are a mandatory part of the process of formulating a scheduling order. If counsel
cannot agree on a discovery plan, please submit your respective positions to The Clerk of Court, and
the Court will resolve the disputed issues. Following court approval, modifications of the scheduling
order will be allowed only by motion for good cause shown.
Mandatory initial disclosures must be made within fourteen (14) days after the Rule
26(f) conference unless (1) a different time is set by stipulation of the parties or court order, or (2)
a party objects during the 26(f) conference and states the objection and the response thereto in the
discovery plan. Absent a stipulation or court order, any party first served or otherwise joined after
the 26(f) conference must make these disclosures within thirty (30) days after being served or joined.
Failure to disclose information required by Rule 26(a) or 26(c)(1) may subject the offending party
or parties to sanctions pursuant to Rule 37, F.R.Civ.P.

Note that Local Rule 7.1 requires that all motions (except those relating to the admissibility
of evidence at trial) must be filed within 30 days after the conclusion of discovery. Untimely
motions may be summarily denied. Also note that cases are currently being docketed for trial 60 to
90 days after discovery expires, with a final pre-trial conference scheduled approximately two weeks
prior to trial.
This district now mandates, pursuant to Local ADR Rule 101, for civil cases in specified
categories. Refer to Local ADR Rule 101.1a and other relevant rules to determine the applicability
of the mediation requirement to this case. The parties in cases subject to mandatory mediation
must discuss mediation plans at the 26(f) conference and report their plans in the discovery
plan, pursuant to Local ADR Rule 101.1a(b).
SO ORDERED THIS 6th day of October 2011.

/s/ DENNIS IAVARONE
Clerk of Court

UNITED STATES DISTRICT COURT
for the
__________________ DISTRICT OF __________________
NO. __________________
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Plaintiff(s),

Defendant(s).

DISCOVERY PLAN

1.
Pursuant to Fed. R. Civ. P. 26(f), a meeting was held on [ date ] at [place] and
was attended by:
(name)
(name)
(name)

for plaintiff(s)
for defendant(s) (Party name)
for defendant(s) (Party name)

2.
Pre-Discovery Disclosures. The parties [have exchanged] [will exchange] by [date]
the information required by [Fed. R. Civ. P. 26(a)(1)] [local rule
].
3.
Discovery Plan. The parties jointly propose to the court the following discovery plan:
[Use separate paragraphs or subparagraphs as necessary if parties disagree].
Discovery will be needed on the following subjects:
(brief description of subjects on which discovery will be needed)
Disclosure or discovery of electronically stored information should be handled as follows:
(brief description of parties’ proposal)
The parties have agreed to an order regarding claims of privilege or of protection as trial
preparation material asserted after production, as follows: (brief description of provisions of
proposed order)
All discovery commenced in time to be completed by (date)
for early discovery to be completed by date].
Maximum of
after service].

. [Discovery on issue

interrogatories by each party to any other party. [Responses due

days

Maximum of
requests for admission by each party to any other party. [Responses due
days after service].

Maximum of

depositions by plaintiff(s) and

Each deposition [other than of
extended by agreement of parties.

by defendant(s).
] limited to maximum of

hours unless

Reports from retained experts under Rule 26(a)(2) due: from plaintiff(s) by (date) from
defendant(s) by (date) .
Supplementations under Rule 26(e) due
4.
disagree].

(times(s) or interval(s)).

Other Items. [Use separate paragraphs or subparagraphs as necessary if parties

The parties [request/do not request] a conference with the court before the entry of the
scheduling order.
The parties request a pretrial conference in [month and year].
Plaintiff(s) should be allowed until [date] to join additional parties and until [date] to amend
the pleadings.
Defendant(s) should be allowed until [date] to join additional parties and until [date] to
amend the pleadings.
All potentially dispositive motions should be filed by [date].
Settlement [is likely] [is unlikely] [cannot be evaluated prior to [date] [may be enhanced by
use of the following alternative dispute resolution procedure]: [
].
Final lists of witnesses and exhibits under Rule 26(a)(3) should be due from plaintiff(s) by
[date] and from defendant(s) by [date].
Parties should have _____ days after service of final lists of witnesses and exhibits to list
objections under Rule 26(a)(3).
The case should be ready for trial by [date] and at this time is expected to take approximately
[length of time] .

Other matters.

This the ______ day of ________________ 2011.

_________________________________
Attorney for plaintiff(s)
Address
E-mail Address
Telephone Number

____________________________________
Attorney for defendant(s)
Address
E-mail Address
Telephone Number