THORNTON et al v. CITY OF PITTSBURGH et al

Filing 3

ORDER directing that Rule 26 Meeting be conducted on or before 11/18/2010, that Rule 26 Meeting Report be filed by 12/2/2010, and setting INITIAL LOCAL RULE 16.1 SCHEDULING CONFERENCE for 12/17/2010 at 2:30 PM. Signed by Chief Judge Gary L. Lancaster on 10/28/10. (map)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
THERESA E. THORNTON, ET AL.,
Plaintiffs,

)
)
)
)
)
)
)

v.
CITY OF PITTSBURGH, ET AL.,
Defendants.

Civil Action No. 10-1436

ORDER
AND NOW, this 28th day of October, 2010, IT IS HEREBY
ORDERED that the parties shall comply with the following dates in
the above-captioned matter:

1.

Initial Rule 16 Scheduling Conference

Pursuant to Local Rule 16.1.1, an initial Rule 16 Scheduling
Conference shall be held before the undersigned on Friday,
December 17, 2010 at 2:30 p.m. in Suite 3250, 3rd floor, U.S.
Courthouse.

All counsel shall bring their calendars to the

conference for scheduling purposes.

The parties should be

prepared to discuss settlement.

2.

Rule 26(f) Conference

Pursuant to Rule 26(f) and not withstanding the pendency of
any outstanding motion, the parties MUST confer to consider the
nature and basis of their claims and defenses, the possibilities
for a prompt settlement or resolution of the case, the ADR
Process, and to make arrangements for the disclosures required by

Rule 26(a) on or before November 18, 2010. Plaintiff shall
initiate this conference.

However, the court will hold both

parties responsible for ensuring that this conference is held in
a timely manner.

3.

Rule 26(f) Report

The parties MUST confer as necessary and MUST file with the
Clerk of Court a Rule 26(f) report on or about December 2, 2010.
The Rule 26(f) Report SHALL comply, in form and content, with the
"Federal Rule of Civil Procedure 26(f) Report of the Parties"
that is available on the Court's website, www.pawd.uscourts.gov,
where it can be downloaded and used as a word processing
document.

The parties may decide who will prepare and file the

Rule 26(f) Report.

However, the court will hold both parties

responsible for ensuring that the Report is filed in the correct
form and in a timely manner.

4.

Selection of ADR Process

During the Rule 26(f) Conference, the parties MUST discuss
the Alternate Dispute Resolution (ADR) Process.

The parties MUST

provide the Court with specific information regarding the ADR
Process that they have selected in BOTH the Rule 26(f) Report and
the Stipulation Selecting ADR Process.
Specifically, the Rule 26(f) Report must include (1) the
specific ADR process that has been selected and (2) the time
frame in which the ADR process will be completed.

The

Stipulation must include (1) the specific ADR process that has
been selected, (2) how the parties have agreed to share the cost
of ADR, (3) the name of the individual who will conduct the ADR,
(4) the date the ADR process will occur, and (5) the names of the
individuals who will attend the ADR.
The parties MUST file with the Clerk of Court the
Stipulation Selecting ADR Process concurrently with their Rule
26(f) Report.

The Stipulation Selecting ADR Process SHALL

comply, in form and content, with the "Stipulation Selecting ADR
Process" that is available on the Court's website,
www.pawd.uscourts.gov, where it can be downloaded and used as a
word processing document.

For the parties' convenience, the

Court has also attached a copy of the Stipulation to this Order.
The parties may decide who will prepare and file the
Stipulation Selecting ADR Process.

However, the court will hold

both parties responsible for ensuring that the Stipulation is
filed in the correct form and in a timely manner.

5.

Rule 26(a) Disclosures

The parties are excused from the requirement of making the
disclosures required by Rule 26(a)(1) within fourteen (14) days
after the Rule 26(f) Conference.

The parties may agree to make

the required disclosures at any time following the Rule 26(f)
Conference, and are encouraged to do so promptly.

The parties

are reminded that under the rule a party shall make its initial
disclosures based on the information then reasonably available to
it and is not excused from making its disclosures because it has
not fully completed its investigation of the case, or because it
challenges the sufficiency of another party’s disclosures, or
because another party has not made its disclosures.

If the

required disclosures have not been made as of the date of the
initial Rule 16 Scheduling Conference, the court shall set a date
by which such disclosures must be made at that Conference.

BY THE COURT:
s/Gary L. Lancaster
Gary L. Lancaster,
Chief United States District Judge
cc:

All Counsel of Record

ATTACHMENT
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Plaintiff(s),
v.

Defendant(s).

)
)
)
)
)
)
)

Civil Action No.

STIPULATION SELECTING ADR PROCESS
Counsel report that they have met and conferred regarding Alternative Dispute Resolution
(ADR) and have reached the following stipulation pursuant to L.R. 16.2 and the Court’s ADR
Policies and Procedures.
I. PROCESS
Select one of the following processes:
______ Mediation
Early Neutral Evaluation (ENE)
______Court sponsored Binding1 Arbitration
______Court sponsored Non-binding Arbitration
______Private ADR (please identify process and provider)
Other (please identify process and provider)_____________________________
________________________________________________________________
*If you are utilizing a private process, be advised that the case is still governed by the
Court’s ADR Policies and Procedures. It is the responsibility of counsel to ensure that all
of the proper forms are timely submitted and filed, as required by Polices and Procedures.
II. COSTS
The parties have agreed to share the ADR costs as follows (do not complete percentages for court
sponsored arbitration. For that process costs are paid by the court in accordance with 28 USC
§658.):
% by Plaintiff
% by Defendant
If a dispute arises as to compensation and costs for the mediator/neutral evaluator/private
arbitrator, the Court will set reasonable compensation and costs.

1

For binding arbitration, please complete form “Stipulation to Binding Arbitration”
located on the Court’s website at www.pawd.uscourts.gov

III. NEUTRAL
The parties hereby designate by agreement the following individual to serve as a Neutral in the
above-styled action:
Name of Neutral:
Address of Neutral:
Telephone & FAX Numbers:
Email address of Neutral:
Date of ADR Session:
_____________________________________________
The parties represent that they have contacted the selected prospective neutral and have
determined that the neutral is available to conduct the ADR session within the time prescribed by
the Court's Policies and Procedures and that the neutral does not have a conflict.
IV. PARTICIPANTS
Name of the individual(s) who will be attending the mediation or early neutral evaluation session
in accordance with Sections 3.8A and 4.10A of the Court’s ADR Policies and Procedures:
For Plaintiff(s):
For Defendant ___________________
For Defendant ___________________
For 3d party Deft_________________

Name and title
__________________________________________
Name and title
__________________________________________
Name and title
__________________________________________
Name and title

If there is insufficient space to list all parties who will be attending the session, please add
additional sheets as necessary.
Each party certifies that the representative(s) attending the ADR session on its behalf has full and
complete settlement authority.

V. ACKNOWLEDGMENT
We, the undersigned parties to this action, declare that this stipulation is both consensual
and mutual.

Dated:
Attorney for Plaintiff
Dated:
Attorney for Defendant
4/15/09