Pasco v. Zimmerman et al

Filing 20

REPORT of Rule 26(f) Planning Meeting.

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
Roanoke Division
ROBERT L. PASCO,
Plaintiff,

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v.
HANK ZIMMERMAN, et al.,

Civil Action No. 5:11CV00087

Defendants.
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JOINT PROPOSED DISCOVERY PLAN AND RULE 26(f) REPORT
The plaintiff, Robert L. Pasco and the defendants, Hank Zimmerman, Shenandoah
County Library, James Dallas Moore and the Board of Directors of the Shenandoah
Library, by counsel, and pursuant to this Court’s Scheduling Order of January 3, 2012,
hereby provide the following report required by Fed. R. Civ. P. 26(f) and jointly propose
the following plan for completion of discovery in this case:
I.

Conference of Parties
The parties have conferred prior to this proposed plan to consider claims,

defenses, possibilities of a prompt settlement, and to arrange for disclosures as required
by Fed. R. Civ. P. 26(a)(1).
II.

Initial Disclosures
The parties agree that initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall

be made on or before February 21, 2012.
III.

Settlement

The parties have conferred concerning the possibility for settlement, and have
agreed to make efforts to engage in settlement discussions, including through mediation,
as the matter continues, and particularly following the hearing set in this matter on
February 7, 2012.
IV.

Magistrate Judge
The parties have not agreed to try this matter in front of a United States

Magistrate Judge.
V.

Depositions, Interrogatories, Requests for Admission, Requests for Production
The parties agree that discovery shall be conducted pursuant to the Federal Rules

of Civil Procedure and do not anticipate any need to modify those Rules at this time.
VI.

Expert Witnesses
The parties agree to the following dates for identification of expert witnesses,

which should modify the disclosure deadlines set forth in the Scheduling Order:
Plaintiff’s Experts: April 2, 2012
Defendant’s Experts: April 17, 2012
Plaintiff’s Rebuttal Experts: May 2, 2012
These dates shall also apply for identification of treating physicians or healthcare
providers. Except for this change in dates, the Scheduling Order shall control with
respect to the designation of expert witnesses.
VII.

Protective Order
The parties anticipate submitting a Stipulated Protective Order to the Court to

address disclosure and use of confidential information, including employee or personnel
information.

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Respectfully submitted,

January 17, 2012

s/ Timothy E. Cupp
_________________________________
Timothy E. Cupp (VSB No. 23017)
[e-mail]
Cupp & Cupp, P.C.
1951-D Evelyn Byrd Avenue
P.O. Box 589
Harrisonburg, Virginia 22803-0589
[phone]
[phone] (fax)
Counsel for Plaintiff
s/Julia B. Judkins
_________________________________
Julia B. Judkins (VSB No. 22597)
[e-mail]
Bancroft, McGavin, Horvath & Judkins, PC
3920 University Drive
Fairfax, Virginia 22030
[phone]
[phone] (fax)
Counsel for Defendant Moore
s/Melisa G. Michelsen
__________________________________
Melisa G. Michelson (VSB No. 40001)
J. Jay Litten (VSB No. 24567)
Litten & Sipe, LLP
410 Neff Avenue
Harrisonburg, Virginia 22801
[phone]
[phone] (fax)
Counsel for Defendants Zimmerman, Board of Trustees and Shenandoah County Library

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