EASTERLING et al v. NATIONAL FOOTBALL LEAGUE, INC.

Filing 22

Discovery Plan by All Plaintiffs.(COBEN, LARRY)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CHARLES RAY EASTERLING and his
wife, MARY ANN EASTERLING;
WAYNE RADLOFF and his wife,
GARLAND RADLOFF; JAMES
McMAHON; JOSEPH E. THOMAS and his
wife, NICOLE THOMAS; GERALD
FEEHERY; STEVE KINER and his wife
CAROL KINER, and MICHAEL FURREY
and his wife, KOREN FURREY, in their
individual capacity and on behalf of all
others similarly situated.

CIVIL ACTION
Case No. 11-cv-05209-AB

PLAINTIFFS,
V.

JURY TRIAL DEMANDED

NATIONAL FOOTBALL LEAGUE, INC.
DEFENDANT.

RULE 26(f)(3) DISCOVERY PLAN

Plaintiffs, by their counsel below, hereby submit their proposed Discovery Plan
under Rule 26(f)(3) as follows:
A.

Plaintiffs suggest initial 26(a) disclosures should be made by February 1,

2012, given the nature of the litigation, except to the extent this Court orders discovery on issues
raised by the NFL’s Rule 12(b)1 and 12(b)6 Motion to Dismiss before that date.
B.

Plaintiffs suggest a parallel discovery plan that considers class

certification under Rule 23(b)(3) discovery while permitting general discovery on subjects, such
as:

1.

The NFL’s knowledge about the neurological injuries that were

caused, in whole or in part, from concussions and sub-concussions; and
2.

Dialogue with the helmet manufacturers that relate to neurological

injuries that professional football players might encounter.
C.

Electronic discovery should include email and documents, wherever

possible, in their native format. Scanned material should be Optical Character Recognized. The
parties should agree upon objective coding and fields to be included with document production.
D.

The parties should agree on a limited Confidentiality Order and privilege

log content for redacted or withheld documents.
E.

Plaintiffs agree to follow the local discovery rules.

F.

At the present time, plaintiffs do not require any other Orders under 26(c)

or 16(b).
ANAPOL SCHWARTZ, P.C.

By:

/s/ Larry Coben
Larry E. Coben, Esquire
Attorney I.D. No. 17523
Sol H. Weiss, Esquire
Attorney I.D. No. 15925
1710 Spruce Street
Philadelphia, PA 19103
[phone]
Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE
I, Larry Coben, hereby certify that on November 18, 2011, that Plaintiffs’ foregoing
Discovery Plan under Rule 26(f)(3) have been filed electronically and are available for
downloading and viewing from the Court’s ECF System by all counsel of record.

Dated: November 18, 2011

By:

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/s/ Larry Coben