1 (Rev. 8/2016) UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS , Plaintiff(s), v. Case No. , Defendant(s). REPORT OF PARTIES222 PLANNING CONFERENCE [Completed form should be spaced as shown. Use separate paragraphs or subparagraphs as necessary if the parties1 disagree.] Introductory Note: Fed. R. Civ. P. 1 provides that all Federal Rules of Civil Procedure should be construed and employed by the court and the parties to secure the Ajust, speedy, and inexpensive@ determination of civil cases. Careful planning is essential to efficient case management and discovery proceedings. The court strongly encourages the parties to conduct their planning conferences under Fed. R. Civ. P. 26(f) in person instead of by telephone, to improve the quality of discussion. In any event it222s unacceptable to simply exchange draft planning reports by e-mail. The court also strongly encourages 223first chair224 trial counsel to be meaningfully involved in this critical planning process. Before the parties conduct their planning conference and attempt to complete this required planning report form, instead of just mechanically filling in the blanks, the court expects them to review and be prepared to address all the specific agenda items mentioned in Fed. R. Civ. P. 16(c)(2)(A)-(P) and Fed. R. Civ. P. 26(f)(3)(A)-(F). The parties should think creatively and, to the extent possible, cooperatively, about how to structure this case in a way that leads to the efficient resolution of the factual and legal issues presented. 1As used in this report, the term 223plaintiff224 includes plaintiffs as well as counterclaimants, cross-claimants, third-party plaintiffs, intervenors, and any other parties who assert affirmative claims for relief. The term 223defendant224 includes defendants as well as counterclaim defendants, cross-claim defendants, third-party defendants, and any other parties who are defending against affirmative claims for relief. However, when the parties actually complete and submit this report, they should accurately describe their posture in the case. American LegalNet, Inc. www.FormsWorkFlow.com 2 This court, like the Kansas Supreme Court, has formally adopted the Kansas Bar Association222s Pillars of Professionalism (2012) as aspirational goals to guide lawyers in their pursuit of civility, professionalism, and service to the public. Counsel are expected to familiarize themselves with the Pillars of Professionalism and conduct themselves accordingly when litigating cases in this court. The Pillars of Professionalism are available on this court222s website: District of Kansas Pillars of Professionalism Discovery of electronically stored information (ESI) is unduly expensive if it222s not managed properly. Therefore, counsel must become generally knowledgeable about their clients222 information management systems before the planning conference. That is, counsel must be prepared to discuss at the conference how their clients222 information is stored and retrieved, and in turn be prepared to discuss and resolve the specific issues raised in the ESI guidelines posted on this court222s website: District of Kansas ESI Guidelines 1. Rule 26(f) Conference. Pursuant to Fed. R. Civ. P. 26(f), a discovery and case management conference was held on (date), and was attended by [list appearances]. The conference was conducted [in person at (place)] [by telephone]. 2. Preliminary Matters. A. The following persons will appear at the upcoming Rule 16 scheduling conference with the magistrate judge: [Insert names of all parties and counsel who will appear at the scheduling conference and, if the conference is scheduled to occur by video conference or telephone, the telephone numbers where parties and/or counsel may be reached at the designated time.] B. The parties provide the following information regarding themselves and their counsel: [For each attorney, insert: (1) name; (2) business address; (3) telephone and facsimile numbers; and (4) e-mail address. For each party, insert: (1) name; (2) home and business addresses; (3) telephone and facsimile numbers; and (4) e-mail address.] C. The parties jointly submit the following case summary: [Insert a brief summary of the case, preferably in a single paragraph and no more than one page, which states: (1) the general nature of the case, e.g., employment discrimination, personal injury, etc.; (2) the statutes asserted to confer subject American LegalNet, Inc. www.FormsWorkFlow.com 3 matter jurisdiction, e.g., 28 U.S.C. 247 1332; (3) the plaintiff222s legal theories, and (4) the primary defenses pleaded by defendant.] 3. Plan for Alternative Dispute Resolution (ADR). A. The parties already have engaged in the following good faith efforts to resolve this matter: [describe efforts]. B. Plaintiff will submit a written, good-faith settlement proposal to defendant by (date). Defendant will make a written, good-faith counter-proposal by (date). By (date), unless the parties have jointly filed a notice stating whom they have selected to serve as mediator, along with the firmly scheduled date, time, and place of mediation, each party will submit a confidential settlement report to the assigned magistrate judge. Note: In order to facilitate the ADR process, the court usually will require the parties to either complete their exchange of settlement proposals or file a joint notice of mediation within 30 days after the scheduling conference. But if more time is necessary due to the complexity of this particular case, specific reasons for the request must be provided so the court can make an informed judgment about whether to delay the parties222 exchange of settlement proposals. C. The parties have agreed on the following ADR procedure, which will be accomplished by: [insert agreed procedure, e.g., mediation, and a deadline, which usually should be within 90-120 days of the scheduling conference]. An ADR report (on the court222s ADR report form) will be filed within 14 days after the scheduled ADR process is held. 4. Plan for Pre-Discovery Disclosures. The parties have exchanged the information required by Fed. R. Civ. P. 26(a)(1) and submitted copies of their disclosures to chambers along with this report. [Recommended additional language: In order to facilitate settlement negotiations and to avoid unnecessary expense, the parties have agreed that, without any need for formal requests for production, copies of the various documents described in the parties222 respective Rule 26(a)(1) disclosures will be [exchanged] [made available for inspection and copying] by (date).] Note: Pursuant to Rule 26(a)(1)(C), the parties are required to serve their initial disclosures no later than 14 days after their Rule 26(f) planning conference. As indicated in the Initial Order Regarding Planning and Scheduling, copies of the parties222 initial disclosures under Rule 26(a)(1)(A) must be emailed along with the parties222 completed Rule 26(f) planning report. These disclosures will be discussed with the magistrate judge during the upcoming scheduling conference in finalizing a discovery and case plan that achieves the objectives of Rule 1. The parties should not submit to the court any documents identified or described in their Rule 26(a)(1)(A) initial disclosures. American LegalNet, Inc. www.FormsWorkFlow.com 4 5. Plan for Discovery. The parties jointly propose to the court the following discovery plan: A. Discovery is needed on the following specific subjects: [list]. Note: The parties should try to reach early stipulations about those matters that are not in dispute, to ensure that discovery, particularly involving ESI, is conducted only on those matters legitimately in dispute. Under the December 1, 2015 amendments to Fed. R. Civ. P. 26(b)(1), the parties in this case are entitled to obtain pretrial discovery regarding any nonprivileged matter provided it is (a) relevant to a party222s claim or defense, AND (b) proportional to the needs of the case. Under Rule 26(b)(1), whether any particular discovery request is proportional is to be determined by considering, to the extent they apply, the following six factors: (1) the importance of th