JENKO v. WAL-MART STORES, INC.

Filing 6

ORDER scheduling Initial Case Management Conference for 4/24/13 at 10:00 AM in Courtroom 7A before Judge David S. Cercone. Rule 26 conference to be held on or before 4/9/13. Stipulation Selecting ADR Process and Rule 26 Meeting Report due by 4/16/13. Signed by Judge David S. Cercone on 3/13/13. (Attachments: # 1 Exhibit A - Stipulation Selecting ADR Process; and # 2 Exhibit B - Rule 26 Report Form) (njt)

Case 2:12-cv-01144-DSC Document 6-2 Filed 08/24/12 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF
PENNSYLVANIA
[CAPTION]

[JUDICIAL OFFICER(S)]
Fed. R. Civ. P. 26(f) REPORT OF THE PARTIES

Counsel for the parties and unrepresented parties shall confer regarding the matters identified
herein and prepare a signed report in the following form to be filed at least 21 days before the Initial
LR 16.1 Scheduling Conference or at such other time as ordered by the court. This report form may
be downloaded from the Court=s web site as a word-processing document and the information filled
in as requested on the downloaded form . The dates to be provided in the report are suggested dates
and may be accepted or modified by the Court.
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:

2.

Set forth the general nature of the case (patent, civil rights, anti-trust, class action, etc):

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:

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):

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:

6.

Designate the specific Alternative Dispute Resolution (ADR) process the parties
have discussed and selected 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. For those cases in which a notice of
designation for placement in the ADR program has been filed, you MUST complete
the attached Stipulation Selecting ADR Process, marked as Exhibit A:

Case 2:12-cv-01144-DSC Document 6-2 Filed 08/24/12 Page 2 of 4

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:

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):

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 subparagraphs 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:

b.

Date by which any additional parties shall be joined:

c.

Date by which the pleadings shall be amended:

d.

Date by which fact discovery should be completed:

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:

f.

Date by which plaintiff=s expert reports should be filed:

g.

Date by which depositions of plaintiff=s expert(s) should be completed:

h.

Date by which defendant=s expert reports should be filed:

i.

Date by which depositions of defendant=s expert(s) should be completed:

j.

Date by which third party expert=s reports should be filed:

Case 2:12-cv-01144-DSC Document 6-2 Filed 08/24/12 Page 3 of 4

k.

Date by which depositions of third party=s expert(s) should be completed:

10.

If the parties agree that changes should be made to the limitations on discovery
imposed by the Federal Rules of Civil Procedure or Local Rule or that any other
limitations should be imposed on discovery, set forth such changes or limitations:

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:

12.

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 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
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):

a.
b.
c.
d.
e.
f.
g.
h.

Settlement and/or transfer to an ADR procedure;
Dates for the filing of expert reports and the completion of expert discovery as
itemized in sub-paragaphs 9.f. through 9.k., above, if the parties elected to defer
such discovery until after the Post-Discovery Status Conference
Dates by which dispositive motions pursuant to Fed. R. Civ. P. 56, replies
thereto and responses to replies should be filed;
Dates by which parties’ pre-trial statements should be filed;
Dates by which in limine and Daubert motions and responses thereto should be
filed;
Dates on which motions in limine and Daubert motions shall be heard;
Dates proposed for final pre-trial conference;
Presumptive and final trial dates.

13.

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):

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:

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:

16.

Set forth whether the parties have considered the possibility of settlement of the action

Case 2:12-cv-01144-DSC Document 6-2 Filed 08/24/12 Page 4 of 4

and describe briefly the nature of that consideration:
Respectfully submitted,
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(Signatures of counsel and unrepresented parties)