State of Washington et al v. United States of America et al

Filing 67

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 9/11/2018, FRCP 26f Conference Deadline is 8/28/2018, Initial Disclosure Deadline is 9/4/2018, by Judge Marsha J. Pechman. (RM)

Case 2:18-cv-00939-MJP Document 67 Filed 07/31/18 Page 1 of 6

1
2
3
4
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

5
6

7 STATE OF WASHINGTON, et al.,
Plaintiff(s),

8

Case No. 2:18−cv−00939−MJP

v.
9

UNITED STATES OF AMERICA, et al.,

10
11

ORDER REGARDING INITIAL
DISCLOSURES, JOINT STATUS
REPORT, AND
EARLY SETTLEMENT

Defendant(s).

12
13
14

I. INITIAL SCHEDULING DATES

15

The Court sets the following dates for initial disclosure and submission of the

16

Joint Status Report and Discovery Plan:

17

Deadline for FRCP 26(f) Conference:

8/28/2018

18

Initial Disclosures Pursuant to FRCP 26(a)(1):

9/4/2018

19

Combined Joint Status Report and Discovery
Plan as Required by FRCP 26(f)
and Local Civil Rule 26(f):

9/11/2018

20

The deadlines above may be extended only by the Court. Any request for an
21
extension should be made by telephone to Rhonda Miller, Courtroom Deputy, at
22
(206) 370−8518. If Defendants have appeared, the parties are directed to meet and to
23

ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT,
AND EARLY SETTLEMENT − 1

Case 2:18-cv-00939-MJP Document 67 Filed 07/31/18 Page 2 of 6

1
confer before contacting the Court to request an extension.
2
If this case involves claims which are exempt from the requirements of
3
4

FRCP 26(a) and 26(f), please notify Rhonda Miller, Courtroom Deputy, by
telephone at (206) 370−8518.

5

II. JOINT STATUS REPORT & DISCOVERY PLAN

6

All counsel and any pro se parties are directed to confer and provide the Court

7

with a combined Joint Status Report and Discovery Plan (the "Report") by

8

September 11, 2018. This conference shall be by direct and personal communication,

9

whether that be a face−to−face meeting or a telephonic conference. The Report will be

10

used in setting a schedule for the prompt completion of the case. It must contain the

11

following information by corresponding paragraph numbers:

13

1.

A statement of the nature and complexity of the case.

2.

A proposed deadline for the joining of additional parties.

3.

12

The parties have the right to consent to assignment of this case to a full time

14
United States Magistrate Judge, pursuant to 28 U.S.C. §636(c) and Local Rule MJR 13
15
to conduct all proceedings. The Western District of Washington assigns a wide range of
16
cases to Magistrate Judges. The Magistrate Judges of this district thus have significant
17
18
19

experience in all types of civil matters filed in our court. Additional information about
our district's Magistrate Judges can be found at www.wawd.uscourts.gov. The
parties should indicate whether they agree that the Honorable Mary Alice Theiler

20

may conduct all proceedings including trial and the entry of judgment. When

21

responding to this question, the parties should only respond "yes" or "no". Individual

22

party responses should not be provided. A "yes" response should be indicated only

23

ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT,
AND EARLY SETTLEMENT − 2

Case 2:18-cv-00939-MJP Document 67 Filed 07/31/18 Page 3 of 6

1
if parties consent. Otherwise, a "no" response should be provided.
2
4.
3
4

A discovery plan that states, by corresponding paragraph letters (A, B, etc.),

the parties' views and proposals on all items in Fed. R. Civ. P. 26(f)(3), which
includes the following topics:

5

(A) initial disclosures;

6

(B) subjects, timing, and potential phasing of discovery;

7

(C) electronically stored information;

8

(D) privilege issues;

9

(E) proposed limitations on discovery; and
(F) the need for any discovery related orders.

10
11
12
13

5.

The parties' views, proposals, and agreements, by corresponding paragraph

letters (A, B, etc.), on all items set forth in Local Civil Rule 26(f)(1), which includes
the following topics:
(A) prompt case resolution;

14
(B) alternative dispute resolution;
15
(C) related cases;
16
(D) discovery management;
17
18
19

(E) anticipated discovery sought;
(F) phasing motions;
(G) preservation of discoverable information;

20

(H) privilege issues;

21

(I) Model Protocol for Discovery of ESI; and;

22

(J) alternatives to Model Protocol.

23

ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT,
AND EARLY SETTLEMENT − 3

Case 2:18-cv-00939-MJP Document 67 Filed 07/31/18 Page 4 of 6

1
2
3

6.

The date by which discovery can be completed.

7.

Whether the case should be bifurcated by trying the liability issues before

the damages issues, or bifurcated in any other way.
4
8.

Whether the pretrial statements and pretrial order called for by Local Civil

5
Rules 16(e), (h), (i), and (k), and 16.1 should be dispensed with in whole or in part
6
for the sake of economy.
7
8
9
10

9. Any other suggestions for shortening or simplifying the case.
10. The date the case will be ready for trial. The Court expects that most civil
cases will be ready for trial within a year after filing the Joint Status Report and
Discovery Plan.

11

11. Whether the trial will be jury or non−jury.

12

12. The number of trial days required.

13

13. The names, addresses, and telephone numbers of all trial counsel.

14

14. The dates on which the trial counsel may have complications to be

15
16
17

considered in setting a trial date.
15. If, on the due date of the Report, all defendant(s) or respondent(s) have not
been served, counsel for the plaintiff shall advise the Court when service will be
effected, why it was not made earlier, and shall provide a proposed schedule for the

18
required FRCP 26(f) conference and FRCP 26(a) initial disclosures.
19
16. Whether any party wishes a scheduling conference before the Court enters
20
a scheduling order in the case.
21
22
23

ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT,
AND EARLY SETTLEMENT − 4

Case 2:18-cv-00939-MJP Document 67 Filed 07/31/18 Page 5 of 6

1
2

17. List the date(s) that each and every nongovernmental corporate party filed
its disclosure statement pursuant to Fed. R. Civ. P. 7.1 and Local Rule 7.1.

3

If the parties are unable to agree to any part of the Report, they may answer in

4

separate paragraphs. No separate reports are to be filed. If the parties wish to have a

5

status conference with the Court at any time during the pendency of this action, they

6

should notify Rhonda Miller, Courtroom Deputy, by telephone at (206) 370−8518.

7
8
9

III. PLAINTIFF'S RESPONSIBILITY
This Order is issued at the outset of the case, and a copy is sent by the clerk to
counsel for plaintiff (or plaintiff, if pro se) and any defendants who have appeared.

10

Plaintiff's counsel (or plaintiff, if pro se) is directed to serve copies of this Order on all

11

parties who appear after this Order is filed. Such service shall be accomplished

12

within ten (10) days after each appearance. Plaintiff's counsel (or plaintiff, if pro se)

13

will be responsible for starting the communications needed to comply with this Order.

14
IV. JUDGE SPECIFIC PROCEDURAL INFORMATION
15
16

All counsel and unrepresented parties should review Judge Pechman's web page
for procedural information applicable to cases before Judge Pechman. The judges'

17

web pages, in addition to the Local Rules, Electronic Filing Procedures for Civil and

18

Criminal Cases, court forms, instruction sheets, and General Orders, can be found on

19

the Court's website at www.wawd.uscourts.gov.

20
21
22
23

ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT,
AND EARLY SETTLEMENT − 5

Case 2:18-cv-00939-MJP Document 67 Filed 07/31/18 Page 6 of 6

1
2

V. EARLY SETTLEMENT CONSIDERATION AND NOTIFICATION

3

If settlement is achieved, counsel shall immediately notify Rhonda Miller,

4
5
6
7
8

Courtroom Deputy, at (206) 370−8518.
The parties are responsible for complying with the terms of this Order. The Court
may impose sanctions on any party who fails to comply fully with this Order.
DATED: The 31st of July 2018.
s/ Marsha J. Pechman
Marsha J. Pechman
United States District Judge

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT,
AND EARLY SETTLEMENT − 6