THORNTON et al v. CITY OF PITTSBURGH et al

Filing 16

REPORT of Rule 26(f) Planning Meeting. (Perer, Alan)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF
PENNSYLVANIA

:
THERESA
E.
THORNTON
and
JEREMIAH C. MITCHELL, as CoAdministrators of the Estate of Curtis L.
Mitchell, deceased;

CIVIL DIVISION

No. 10-1436
Plaintiffs,
Fed. R. Civ. P. 26(f) REPORT OF THE
PARTIES

v.
CITY OF PITTSBURGH; ROBERT J.
McCAUGHAN; MARK A. BOCIAN;
RONALD V. ROMANO; JOSIE DIMON;
ANDREW LAGOMARSINO; KIM LONG;
NORMAN
AUVIL;
RON
CURRY;
ALLEGHENY COUNTY; and COUNTY
OF ALLEGHENY DEPARTMENT OF
EMERGENCY SERVICES,
Defendants.

:
:
:
:
:
:
:
:
:
:
:

Fed. R. Civ. P. 26(f) REPORT OF THE PARTIES

1.

Identification of counsel and unrepresented parties. Set forth the
names, addresses, telephone and fax numbers and e-mail addresses of
each unrepresented party and of each counsel and identify the parties
whom such counsel represent:
A.

Counsel for Plaintiff, Theresa E. Thornton
Alan H. Perer, Esquire
SPK – THE LAW FIRM OF
SWENSEN PERER & KONTOS
One Oxford Centre, Suite 2501

Pittsburgh, PA 15219
[phone]
Paul A. Ellis, Esquire
1621 Bedford Avenue
Pittsburgh, PA 15219
[phone]

B.

Counsel for Plaintiff, Jeremiah C. Mitchell
Robert N. Peirce, III, Esquire
ROBERT PEIRCE & ASSOCIATES, P.C.
2500 Gulf Tower
707 Grant Street
Pittsburgh, PA 15219-1918

C.

Counsel for Defendants, City of Pittsburgh, Robert J. McCaughan,
Mark A. Bocian, Ronald W. Romano, Josie Dimon, Andrew
Lagomarsino, Kim Long, Norman Auvil, and Ron Curry,
John F. Doherty, Esquire
Daniel D. Regan, Esquire
Michael E. Kennedy, Esquire
City of Pittsburgh Department of Law
Room 313, City-County Building
414 Grant Street
Pittsburgh, PA 15219-2285
[phone]
[phone] (f)

D.

Counsel for Defendants, Allegheny County and County of
Allegheny Department of Emergency Services
Caroline Liebenguth, Esquire
Michael H. Wojcik, Esquire
Allegheny County Law Department
300 Fort Pitt Commons
445 Fort Pitt Boulevard
Pittsburgh, PA 15219
[phone]

2.

Set forth the general nature of the case (patent, civil rights, anti-trust,
class action, etc):
Civil rights and state law wrongful death and survival action claims
alleging failure of Defendants and their employees to render
emergency medical assistance to the Decedent.

3.

Date Rule 26(f) Conference was held, the identification of those
participating therein and the identification of any party who may not
yet have been served or entered an appearance as of the date of said
Conference:
All parties are served and represented. Rule 26(f) conference held
on 11-9-10 and all participated.

4.

Date of Rule 16 Initial Scheduling Conference as scheduled by the
Court: (Lead Trial Counsel and unrepresented parties shall attend the
Rule16 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 will be served):
12/17/10 at 2:30 p.m.

5.

Identify any party who has filed or anticipates filing a dispositive
motion pursuant to Fed. R. Civ. P. 12 and the date(s) by which any
such anticipated motion may be filed:
City and County intend to file 12(b) Motions on or before 12/25/10.

6.

Designate the specific Alternative Dispute Resolution (ADR) process
the parties have discussed and selected, if any, and specify the
anticipated time frame for completion of the ADR process. Set forth
any other information the parties wish to communicate to the court
regarding the ADR designation:
Mediation after Motions to dismiss are decided.

7.

Set forth any change that any party proposes to be made in the
timing, form or requirements of Fed. R. Civ. P. Rule 26(a)
disclosures, whether such change is opposed by any other party,
whether any party has filed a motion seeking such change and
whether any such motion has been ruled on by the Court:
The Court excused the parties from the 14 day Rule 26(a)(1)
disclosures timeline. The parties agree to make disclosures on or
before 1/15/11.

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):
1. Policies/procedures relative to dispatching EMS, emergency
response, communications between county and city
2. Investigation by defendant and other agencies
3. Plaintiff’s damages

9.

Set forth suggested dates for the following (The parties may elect by
agreement to schedule a Post-Discovery Status Conference, as identified
in Paragraph 12, below, at the conclusion of Fact-Discovery rather than at
the conclusion of Expert Discovery. In that event, the parties should
provide suggested dates only for the events identified in sub-paragraphs
9.a through 9.e, below. The parties shall provide such information even if
dispositive motions pursuant to Fed. R. Civ. P. 12 have been or are
anticipated to be filed. If there are dates on which the parties have been
unable to agree, set forth the date each party proposes and a brief
statement in support of each such party's proposed date. Attach to this
report form a proposed Court Order setting forth all dates agreed to below
and leaving a blank for the insertion of a date by the Court for any date not
agreed to):
a. Date(s) on which disclosures required by Fed. R. Civ. P. 26(a)
have been or will be made:
1/15/11
b.

Date by which any additional parties shall be joined:
1/31/11

c.

Date by which the pleadings shall be amended:
2/28/11

d.

Date by which fact discovery should be completed:
5/1/11

e.

If the parties agree that discovery should be conducted in
phases or limited to or focused on particular issues, identify
the proposed phases or issues and the dates by which
discovery as to each phase or issue should be completed:
N/A

f.

Date by which plaintiff's expert reports should be filed:
N/A

g.

Date by which depositions of plaintiff's expert(s) should be
completed:
N/A

h.

Date by which defendant's expert reports should be filed:
N/A

i.

Date by which depositions of defendant's expert(s) should be
completed:
N/A

j.

Date by which third party expert's reports should be filed:
N/A

k.

Date by which depositions of third party's expert(s) should be
completed:
N/A

10.

If the parties agree that changes should be made to the limitations on
discovery imposed or Local by the Federal Rules of Civil Procedure Rule
or that any other limitations should be imposed on discovery, set forth
such changes or limitations:
None.

11.

Set forth whether the parties have considered the need for special
deadlines, procedures or orders of court dealing with discovery of
electronically-stored information (electronic discovery), including the need
for the preservation of discoverable information and the protection of the
right to assert privilege(s) after the production of privileged information and
if so, set forth the results of such consideration. In particular, answer the
following questions:
None.

a.

ESI. Is either party seeking the discovery of ESI in this case? ■
Yes □ No
If disputed, identify the nature of the dispute
_____________________

b.

Metadata: Will any metadata be relevant in this case? ■ Yes □
No
If yes, with respect to what ESI Calls/ radio dispatch/
investigation documents
If disputed, identify the nature of the dispute
____________________________

c.

Format. Have the parties agreed on the format(s) for production of
ESI?
■ Yes □ No
If no, what disputes remain outstanding
________________________________

d.

Clawback Agreement. Will the parties be using the Form
Inadvertent Production Provision of LCvR 16.1.D? ■ Yes □ No
If no, will an alternative provision be proposed? □ Yes (Please
attach) □ No

e.

Search terms. Have the parties agreed on any protocol for review
of electronic data? ■ Yes □ No
If yes, please describe Will produce on paper otherwise will
make electronic versions available
If no, please identify what issues remain outstanding
_____________________

f.

Accessibility. Have the parties agreed on what ESI is "reasonably
accessible" as defined in R. 26(b)(2)(B)? ■ Yes □ No
If no, please identify the nature of the dispute
___________________________

g.

h.

12.

Preservation. Are there any unresolved issues pertaining to the
preservation of ESI? If so, please describe None
Other. Identify all outstanding issues or disputes concerning ESI
None

Set forth whether the parties have elected to schedule the Post-Discovery
Status Conference following the completion of Fact Discovery or Expert
Discovery; in either event the parties shall be prepared at the PostDiscovery 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 determined, 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 settlement 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):
The parties elect to schedule the post-discovery Status
conference following the completion of fact discovery.

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;
c.

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.

13.

Dates by which dispositive motions pursuant to Fed. R. Civ. P.
56, replies thereto and responses to replies should be filed;

Presumptive and final trial dates.

Set forth any other order(s) that the parties agree should be entered by
the court pursuant to Fed. R. Civ. P. 16(b) or 26(c):
None.

14.

Set forth whether the parties anticipate that the court may have to appoint
a special master to deal with any matter and if so, specify the proposed
role of any such master and any special qualifications that such master
may require to perform such role:
None.

15.

If the parties have failed to agree with regard to any subject for which a
report is required as set forth above, except for proposed dates required in
paragraph 9, above, briefly set forth the position of each party with regard
to each matter on which agreement has not been reached:
None.

16.

Set forth whether the parties have considered the possibility of settlement
of the action and describe briefly the nature of that consideration:
Defendants seek to defer ADR until rulings on 12(b) motions.
Respectfully submitted,
Alan H. Perer/s
_____________________________________
Alan H. Perer, Esquire (for Plaintiffs)
John F. Doherty/s
_____________________________________
John F. Doherty, Esquire (for City and
individual defendants)
Caroline Liebenguth/s
_____________________________________
Caroline Liebenguth, Esquire (for County and
County EMS)

(Signatures of counsel and unrepresented parties)