STIPULATED SCHEDULING AND DISCOVERY ORDER FOR CASES ASSIGNED TO JUDGE KANE [Please note that except for the caption and signature blocks, the Stipulated Scheduling and Discovery Order actually filed must comply with the double-spacing requirement of D.C.Colo.LCivR 10.1E. The use of "et al." to identify additional plaintiffs or defendants is not acceptable. The bracketed and italicized text on the form convey instructions to counsel or parties appearing pro se and should not be included in the proposed Scheduling and Discovery Order submitted to the court.] IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. * *, Plaintiff*, v. *, Defendant*. STIPULATED SCHEDULING AND DISCOVERY ORDER 1. DATE OF CONFERENCE [Provide the date of the Scheduling and Discovery Conference.] 2. STATEMENT OF CLAIMS AND DEFENSES Do not quote from the complaint, answer or other pleadings. State concisely and without boilerplate the essence of your case. Include the specific basis for the court's juridsiction. a. b. c. Plaintiff(s)' statement: Defendant(s)' statement: Other parties' statement: American LegalNet, Inc. www.FormsWorkFlow.com [Each party shall make a concise narrative statement of all claims or defenses. Unless the same items of relief are sought against all defendants, use of the collective "defendants" is inappropriate. Each party should, in light of any informal discovery undertaken thus far, take special care to eliminate frivolous claims or defenses. See Fed.R.Civ.P. 16(c)(1), 11. Jurisdictional or otherwise dispositive affirmative defenses should be addressed by dispositive motion or risk being deemed waived at the Pretrial Conference. Do not summarize the pleadings. Statements such as "defendant denies the material allegations of the complaint" are not acceptable. State with particularity what is asserted and what is denied.] 3. UNDISPUTED FACTS The following facts are undisputed: a. b. c. [............, etc.] [A statement of all facts which the parties acknowledge to be undisputed. When the parties have their Rule 26(f) meeting, they should make a good faith attempt to determine the facts that are not in dispute. There is a continuing duty throughout the discovery period to supplement undisputed facts. This supplement will be included in the Pretrial Order.] 4. COMPUTATION OF DAMAGES [Include a computation of all categories of damages sought or the basis and theory for calculating damages. See Fed.R.Civ.P. 26(a)(1)(C). This should include the claims, counterclaims and cross-claims of all parties. If the computation cannot be complete, set forth the reasons why and the date when it will be completed .] 5. REPORT OF PRE-CONFERENCE DISCOVERY & MEETING UNDER Fed. R.Civ. P. 26(f) a. b. c. Date of Rule 26(f) meeting: Names of each participant and each party represented: Proposed changes, if any, in timing or requirement of disclosures under Fed.R.Civ.P. 26(a)(1): American LegalNet, Inc. www.FormsWorkFlow.com d. Statement as to when Rule 26(a)(1) disclosures were made or will be made: [If a party's disclosures were not made within the time provided in my Pretrial and Trial Procedures Memorandum and Fed. R. Civ. P. 26(a)(1), the party must here provide an explanation showing good cause for the omission.] e. Statement concerning any agreements to conduct informal discovery: [State what processes the parties have agreed upon to conduct informal discovery such as joint interviews with potential witnesses or joint meetings with clients or exchanging documents outside of formal discovery. If there is an agreement to conduct joint interviews with potential witnesses, list the names of such witnesses. See l. below to identifying documents. The parties should at a minimum meet and exchange, collate and number documents.] f. Statement concerning any agreements or proposals regarding electronic discovery: [In cases in which: (i) the substantive allegations involve extensive computergenerated records; (ii) a substantial amount of disclosure or discovery will involve information or records in electronic form (e.g., e-mail, word processing, databases); (iii) expert witnesses will develop testimony based in large part on computer data and/or modeling; or (iv) either party plans to present a substantial amount of evidence in digital form at trial, the parties shall confer regarding steps they can take to preserve relevant computer records and data, facilitate computer-based discovery, limit discovery costs and delay and avoid discovery disputes. Counsel should provide a statement here regarding agreements or proposals regarding electronic discovery made at the Rule 26(f) conference and be prepared to discuss these issues, as appropriate, at the Scheduling Conference.] g. Statement concerning any other agreements or proposals to reduce discovery and other litigation costs: [Examples of means of reducing discovery and other litigation costs include depositions via telephone, joint repositories for documents, use of discovery in other cases and extensive use of expert affidavits to support judicial notice.] h. i. Statement regarding use of the unified exhibit numbering system: Parties are required, to use the unified exhibit numbering system. A unified exhibit numbering system means that each exhibit is given only one arabic number throughout the litigation and that number is used no matter who presents or offers it. If counsel wish to learn more about this system, upon request, I will provide further explanation and the names of attorneys who have used it to their satisfaction. Each party shall set forth its anticipated costs of conducting this litigation, American LegalNet, Inc. www.FormsWorkFlow.com itemizing costs including travel and attorney fees for taking depositions, paralegal expenses, costs of preparations, costs of drafting written discovery, anticipated motions and costs of complying with discovery requests. 6. CASE PLAN AND SCHEDULE The plan and schedule must include the following items: a. Deadline for Joinder of Parties [No later than 45 days after the Scheduling Conference.] b. Deadline to Amend Pleadings [No later than 45 days after the Scheduling Conference.] c. Discovery Cut-off [Not more than six months if one plaintiff and one defendant. Not more than 12 months if multiple parties. This period includes both fact and expert discovery. Any longer periods proposed by the parties must be fully justified to the court at the Scheduling Conference.] d. Dispositive