DEIULIIS et al v. BOY SCOUTS OF AMERICA NATIONAL COUNCIL

Filing 9

DEIULIIS et al v. BOY SCOUTS OF AMERICA NATIONAL COUNCIL

Doc. 9

Case 2:05-cv-01077-DWA

Document 9

Filed 10/14/2005

Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYL VANIA
NICOLA DeIULIIS, a minor, by his Guardian, ANNETTE DeIULIIS, and ANNETTE DeIULIIS, in her own right,
Plaintiffs
vs.
J J
J

CIVIL DIVISION
No. CA 5- 1 077
The Honorable Donetta W. Ambrose

J J J J J

BOY SCOUTS OF AMERICA NATIONAL COUNCIL,
Defendant.

J
J

J J

Fed. R. Civ. P. 26(0 REPORT OF THE PARTIES
AND NOW comes Plaintiffs, Nicola DeIuliis, a minor by his Guardian, Annette

DeIuliis, and Anette DeIuliis, in her own right, by and through their attorneys, Victor H.
Pribanic, Esquire, Sherie Lynn Painter, and Pribanic & Pribanic, L.L.c., and Defendant, Boy
Scouts of America National Council, by and through its attorneys, David B. White, Esquire, and
Burns, White & Hickton, and respectfully file the within Fed. R.Civ.P 26(f) Report of

the Parties

and further aver as follows:

1. Identification of counsel and unrepresented parties. The following attorneys are the

counsel of record in the captioned matter:

Victor H. Pribanic, Esquire Sherie Lynn Painter, Esquire PRIBANIC & PRIBANIC, LLC 1735 Lincoln Way White Oak, PA 15131 [phone]
[phone] fax
ll2iiÜit.Qr(aJ1iib aiii..£,S:Qlg

David B. White, Esquire Mark E. Schweers, Jr., Esquire BURS, WHITE & HICKTON, LLC Four Northshore Center
106 Isabella Street

Pittsburgh, PA 15212 [phone]
[phone] fax

Counsel for Plaintif

dbwhite0Jbwhllc.com Counsel for Defendant

Dockets.Justia.com

Case 2:05-cv-01077-DWA

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2. General nature of

the case: On Sunday, August 15,2004, at approximately 12:49

p.m. on State Route 366 in Washington Township, Westmoreland County, Minor-Plaintiff, Nicola

DeIuliis, was injured in a one-vehicle accident while a passenger in a van operated by Samuel

Lombardo. Mr. Lombardo was returning from a Boy Scouts outing from Ohio Pyle State Park
with a group of boy scouts. As a result of

the accident, Minor-Plaintiff sustained serious injuiies
his body. It is alleged that as a result of

to his internal organs and other parts of

the accident the

Minor-Plaintiff

may have sustained a loss of

his ability to earn a living in the future. It is further
his ability to earn a living in the future;

alleged that the minor Plaintiff

has also sustained a loss of

he and his family have incurred expenses for medical attention and hospitalization in the past and
may continue to incur such expenses in the future.

3. The Rule 26(f) Conference was held on Friday, October 7,2005 between Sherie
Lynn Painter on behalf of the Plaintiffs, and Mark E. Schweers, Jr., on behalf of

the Defendant.

4. This Honorable Court has scheduled the Rule 16 Initial Scheduling Conference for

Tuesday, November 8, 2005 at 9: 1 5 a.m. in Suite 3280, Third Floor, U.S. Post Office and

Courthouse Building, Pittsburgh, Pennsylvania. (Lead Trial Counsel and unrepresented parties
shall attend the Rule 16 Initial Scheduling Conference with their calendars in hand for the purpose
of scheduling other pre-trial events and procedures, including a Post-Discovery Status Conference;

Counsel and unrepresented parties shall attend the Rule 16 Initial Scheduling Conference prepared

to discuss the anticipated number of depositions and identities of potential deponents and the
anticipated dates by which interrogatories, requests for production of documents and requests for

admissions wil be served).

5. To date, no party to this matter has filed a dispositive motion pursuant to

Fed.R.Civ.P. 12. It is presently undetermined if any party will in fact file a dispositive motion
pursuant to Fed. R. Civ. P. 12. The parties agree that any dispositive motion and brief

in support

shall be filed on or before 45 days after the close of discovery. The party responding to the

dispositive motion shall have three weeks to respond to an opposing party's motion. A reply brief

Case 2:05-cv-01077-DWA

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shall be due 5 business days after receipt of

the response brief. The parties agree that if

the

parties do not file motions for judgment on the pleadings, for summary judgment, or to dismiss,

plaintiffs pre-trial narrative statement will be filed by Monday, April 3, 2006. Defendant's pretrial narrative statement shall be due within 30 days of

the filing ofplaintiffs pre-trial statement in

accordance with Local Rule l6.1.4B.

6. To date, there has been no specific Alternative Dispute Resolution (ADR)
discussed. The parties agree that if they elect to engage in the ADR process, the completion of

the

ADR process will be on or before Tuesday, February 28, 2006.

7. Rule 26(a)(I) disclosures will be exchanged by the parties on or before Friday,

November 4,2005.

8. Subjects on which fact discovery may be needed. (By executing this report, no

party shall be deemed to (1) have waived the right to conduct discovery on subjects not listed
herein or (2) be required to first seek the permission of

the Court to conduct discovery with regard

to subjects not listed herein): Generally, it is believed that fact discovery may be necessary
regarding: (1) the incident which is the subject of

Plaintiffs Complaint and (2) the injuries and

damages Plaintiff s claim arising from the incident at issue.

9. The parties have agreed to the proposed suggested dates for the following:
a. Disclosures required by Fed. R. Civ. P. 26(a) are to be made on or before

Friday, November 4,2005;

b. Any additional parties shall be joined on or before Friday, January 6,2006;
c. The pleadings shall be amended on or before Friday, December 23,2005;
d. Fact discovery should be completed on or before Friday, March 3, 2006;
e. The parties agree that discovery should not be conducted in phases nor should it

be limited to or focused on particular issues;

f. Plaintiffs' expert reports should be filed on or before Monday, March 13,2006;

Case 2:05-cv-01077-DWA

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g. Depositions of

plaintiffs' expert(s) should be completed on or before May 31,

2006;
h. Defendant's expert reports should be filed on or before Monday, April

3, 2006;

1. Depositions of defendant's expert(s) should be completed on or before May 31,

2006;
J. Third party expert's reports should be filed on or before April 13,2006; and,
k. Depositions of

third party's expert(s) should be completed on or before May 31,

2006.

10. The paries agree that no changes should be made to the limitations on discovery

imposed by the Federal Rules of Civil Procedure or Local Rule and/or that no other limitations
should be imposed on discovery.

11. The parties agree there is no need for special deadlines, procedures or orders of
court dealing with discovery of electronically-stored information (electronic discovery).

12. The parties have elected to schedule the Post-Discovery Status Conference

following the completion of Expert Discovery. The parties shall be prepared at the Post-

Discovery Status Conference to discuss and/or schedule the following: (The parties are not
required during their Rule 26(f) Conference to consider or propose dates for the items identified
below. Those dates will be detern1ined, if

necessary, at the Post-Discovery Status Conference.

Lead trial counsel for each party and each unrepresented party are required to attend the Post-

Discovery Status Conference with their calendars in hand to discuss those items listed below that
require scheduling. In addition, a representative with settement authority of each party shall

be required to attend; representatives with settlement authority of any insurance company
providing any coverage shall be available throughout the Conference by telephone):
a. Settlement and/or transfer to an ADR procedure;

b. Dates for the filing of expert reports and the completion of expert discovery as itemized in
sub-paragraphs 9.f. through 9.k., above, if

the parties elected to defer such discovery until

after the Post Discovery Status Conference

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c. Dates by which dispositive motions pursuant to Fed. R. Civ. P. 56, replies thereto and responses to replies should be fied;
d. Dates by which parties' pre-trial statements should be filed;

e. Dates by which in limine and Daubert motions and responses thereto should be filed;
f. Dates on which motions in limine and Daubert motions shall be heard;

g. Dates proposed for final pre-trial conference;

h. Presumptive and final trial dates.

13. At this time, the parties are unaware of any additional orders necessary under

Fed.R.Civ.P. 16(b) or 26(c).

14. The parties do not anticipate the court needing to appoint a special master to deal
with any matter regarding this case.

15. The parties have agreed with regard to all subjects for which a report is required as

set forth above.

16. At this time, the paries have not considered the possibility of settlement of

the

action as discovery in this matter has just begun.

Case 2:05-cv-01077-DWA

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RESPECTFULLY SUBMITTED,

SLif

PRIANIC & PRIBANIC, LLC

~1t. /, õ/5 . ~4
[phone] SLP

1735 Lincoln Way White Oak, PA 15131

, 'AVID. ITE
P A LD. No. 36684

Counsel for Defendant

BURNS, WHITE & HICKTON, LLC Four Northshore Center 106 Isabella Street Pittsburgh, PA 15212 [phone]
[phone] fax

Case 2:05-cv-01077-DWA

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Filed 10/14/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYL VANIA
NICOLA DeIULIIS, a minor, by his Guardian, ANNETTE DeIULIIS, and ANNETTE DeIULIIS, in her own right,
Plaintiffs
vs.
J J J
J

CIVIL DIVISION
No. CA 5- 1 077

J J
J J

The Honorable Donetta W. Ambrose

BOY SCOUTS OF AMERICA NATIONAL COUNCIL,
Defendant.

J
J

J J

ORDER OF COURT

AN NOW, to wit, this
ORDERED that the Fed. R. Civ. P. 26(f) Report of

day of

, 2005, IT IS HEREBY
the Parties is approved.

BY THE COURT,

J.