McAfee, Inc v. Wilmer, Cutler, Pickering, Hale and Dorr, LLP

Filing 10

M c A f e e , Inc v. Wilmer, Cutler, Pickering, Hale and Dorr, LLP

D o c . 10

IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF TEXAS S H E R M A N DIVISION M c A F E E , INC. VS. W IL M E R , CUTLER, PICKERING, HALE A N D DORR, LLP § § § § § §

CIVIL ACTION NO. 4:08cv160

O R D E R TO M E E T , REPORT AND APPEAR AT SCHEDULING CONFERENCE C o u n s e l and all unrepresented parties m u s t appear in person for a Scheduling Conference before J U D G E M IC H A E L SCHNEIDER, United States Courthouse, 221 W e s t Ferguson, TYLER, TEXAS, on J u ly 24, 2008 at 1:30 p.m . 1. P r i o r to the Scheduling Conference, the parties m u s t : A. B. H o ld a m e e tin g as required by FED. R. CIV. P. 26(f) on or before July 10, 2008. P r e p a r e a joint report that reflects the parties' detailed case m a n a g e m e n t plan. The report m u s t contain the inform a t io n required on the attached form , including deadlines for a p r o p o s e d Scheduling Order, and m u s t be filed on or before July 17, 2008.

2.

U n r e p r e s e n te d parties, unless incarcerated, are bound by the requirem e n ts im p o s e d upon counsel in this Order. C o u n s e l m u s t file with the clerk within fifteen days from receipt of this order a certificate listing all p e r s o n s , associations of persons, firm s , partnerships, corporations, affiliates, parent corporations, o r other entities that are financially interested in the outcom e of this litigation. If a group can be s p e c if ie d by a general description, individual listing is not necessary. Underline the nam e of each c o r p o r a tio n whose securities are publicly traded. If new parties are added or if additional persons or e n titie s that are financially interested in the outcom e of the litigation are identified at any tim e during th e pendency of this litigation, then each counsel shall prom p tly file an am e n d e d certificate with the c le r k . F a ilu r e to com p ly with this Order invites sanctions, including dism is s a l of the action and assessm e n t o f fees and costs. See FED. R. CIV. P. 16(f).

.

3.

4.

S O ORDERED.

SIGNED this 13th day of June, 2008.

____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE

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Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF TEXAS S H E R M A N DIVISION M c A F E E , INC. VS. W IL M E R , CUTLER, PICKERING, HALE A N D DORR, LLP § § § § § §

CIVIL ACTION NO. 4:08cv160

JOINT DISCOVERY/CASE MANAGEMENT PLAN Please restate each instruction before furnishing the requested information. Any differences between parties as to the response(s) to any matter must be set forth in this report. 1. State where and when the conference among the parties required by FED. R. CIV. P. 26(f) was held, and identify the counsel who attended for each party, including name, address, bar number, phone and fax numbers, and email address. List any related cases pending in any state or federal court. Include the case numbers, the courts, and how they are related. Briefly describe in 3 pages or less: (a) What this case is about and (b) Each claim or defense. Specify the basis of federal jurisdiction. Identify the parties who disagree with plaintiff's jurisdictional allegations and state the reasons for disagreement. List anticipated additional parties that may be included, when they might be added and by whom. List anticipated intervenors. Describe any class-action or collective-action issues. State whether the parties are exempt from initial disclosures under Rule 26(a)(1)(E). State whether each party represents that it has made the initial disclosures required by Rule 26(a)(1). If not, describe the arrangements that have been made to complete the disclosures. Describe the proposed discovery/case management plan, including:

2. 3. 4. 5. 6. 7. 8. 9. 10.

11.

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(a)

In accordance with Rule 26(f): (1) (2) Any changes that should be made in the timing, form, or requirement for disclosures under Rule 26(f). The subjects on which discovery may be needed, when discovery should be completed, and whether discovery should be conducted in phases or be limited to or focused on limited issues. Any issues relating to disclosure and discovery of electronically stored information (ESI), including the form(s) in which it should be produced. The steps already taken or that will be taken for preserving discoverable information, including ESI. Any issues relating to claims of privilege or protection, including whether any agreement has been reached as to inadvertent production.1 Any changes that should be made in the limitations on discovery imposed by the Rules, whether federal or local, and any other limitations that should be imposed.

(3) (4) (5) (6)

(b) (c) (d) (e) (f )

W hen and to whom plaintiff anticipates sending interrogatories. W hen and to whom defendant anticipates sending interrogatories. Of whom and by when plaintiff anticipates taking oral depositions. Of whom and by when defendant anticipates taking oral depositions. W hen plaintiff (or the party with the burden of proof on an issue) will be able to designate experts and provide the reports required by Rule 26(a)(2)(B), and when the opposing party will be able to designate responsive experts and provide their reports. W hen plaintiff (or the party with the burden of proof on an issue) anticipates taking expert depositions and the anticipated completion date. W hen the opposing party anticipates taking expert depositions and the anticipated completion date. Whether there should be separate deadlines for the completion of fact discovery and expert discovery. If the parties disagree on any part of the discovery plan, describe the opposing views.

(g) (h) (i) (j)

See h ttp ://w w w .tx e d .u s c o u rts .g o v/J u d g e s /S c h n e id e r/O rd e rs & F o rm s for the court's s tan d a rd protective order.

1

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12. 13. 14.

Specify any discovery beyond the initial disclosures that has taken place to date. State the date the planned discovery can reasonably be completed. State the progress made toward settlement, and the present status of settlement negotiations by providing the information set out below.2 a. Describe the possibilities for a prompt settlement or resolution of the case that were discussed in the Rule 26(f) meeting. Describe what each party has done or agreed to do to bring about a prompt resolution of this case. State whether a demand and an offer have been made.

b.

c. 15.

From the attorneys' discussions with their client(s), state the alternative dispute resolution technique (e.g., mediation, arbitration, or summary jury trial) that would be reasonably suitable for resolving this case and when it would be most effective (e.g., before discovery, after limited discovery, at the close of discovery). If mediation is the preferred ADR technique and the parties have agreed on a specific mediator, state the name and address of the mediator. United States Magistrate Judges are vested with full authority to try both jury and nonjury trials. State whether the parties agree to trial before a United States Magistrate Judge.3 State whether a jury demand has been made and if it was made on time. Specify the number of hours it will take to present the evidence in this case. List any pending motions that could be ruled on at the Scheduling Conference. List all other pending motions. Indicate other matters peculiar to this case, including discovery, that deserve the special attention of the court at the Scheduling Conference. Certify that all parties have filed Disclosure of Interested Persons as directed in paragraph 3 in the Order to Meet, Report and Appear at Scheduling Conference, listing the date of the original and any amendments.

16.

17.

18. 19. 20. 21. 22.

23.

This must be a detailed answer. Do not submit a generic recitation that settlement was d iscu ss e d but was unsuccessful. The court urges parties to give this option serious consideration. Parties consenting should file the appropriate form as soon as possible so that a Rule 16 management conference can be s c h e d u le d before the Magistrate Judge. See Appendix "B," Local Rules For the Eastern District of T e x a s and http://www.txed.uscourts.gov/Rules/LocalRules/LocalRules.htm.
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2

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24.

Proposed Dates for Scheduling. Please review the proposed deadlines for many of the pretrial events (listed below) that will be scheduled for this case. Both the events and the proposed dates are intended to give the parties guidance in (1) formulating answers to the other parts of this questionnaire and (2) scheduling the events preceding the trial. The Scheduling Order that will be entered at the Scheduling Conference will necessarily be more specific, more detailed, and contain additional matters and discovery limitations. The court's suggested dates and events may be appropriate for this case. If not, please propose suggested modifications that the parties believe are suited for this lawsuit. As indicated below by asterisks, some dates and events are "inflexible" because of limited judicial resources and the court's calendar.

PRETRIAL EVENTS Rule 26(f) meeting* File case management plan* Rule 16(b) scheduling conf.* Rule 26(a)(1) initial disclosures Deadline to add additional parties Deadline to amend pleadings Deadline to file motions to dismiss Exchange privilege logs Deadline for plaintiff to designate expert witnesses & reports Deadline for defendant to designate expert witnesses & reports Discovery deadline Deadline to complete ADR Deadline to file dispositive motions* Deadline to file joint pretrial order, motions in limine & proposed jury instructions (or proposed findings of fact & conclusions of law) Pretrial conference & trial scheduling*

COURT'S PROPOSED DATES July10, 2008 July 17, 2008 July 24, 1008 August 11, 2008 August 18, 2008 August 18, 2008 September 12, 2008 October 10, 2008 November 11, 2008 December 11, 2008 January 12, 2009 January 19, 2009 January 26, 2009 April 10, 2009

PARTIES' PROPOSED DATES

May 11, 2009

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25.

List the name, bar number, address, email address, and telephone number of counsel and any unrepresented person who will appear at the Scheduling Conference on behalf of the parties. Appearing counsel must be an attorney of record, have full authority to bind clients and enter into stipulations regarding all matters that may be discussed.

Signature of Counsel and Date:

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