UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Plaintiff, v. Case No. Defendant. CASE MANAGEMENT REPORT The parties have agreed on the following dates and discovery plan pursuant to Fed. R. Civ. P. 26(f) and Local Rule 3.05(c): DEADLINE OR EVENT AGREED DATE Mandatory Initial Disclosures [Approximately 30 days after CMR meeting] Certificate of Interested Persons and Corporate Disclosure Statement [Each party who has not previously filed must file immediately] Motions to Add Parties or to Amend Pleadings [Approximately 1 - 2 months after CMR meeting] Disclosure of Expert Reports Plaintiff: Defendant: [Approximately 1 - 2 months before discovery deadline to allow expert depositions] Discovery Deadline [Approximately 6 - 8 months after defendant222s first appearance] Dispositive Motions, Daubert, and Markman Motions [Court requires 5 months or more before trial term begins] Meeting In Person to Prepare Joint Final Pretrial Statement [Court will set a date] Joint Final Pretrial Statement (Including a Single Set of Jointly-Proposed Jury Instructions and Verdict Form, Witness Lists, Exhibit Lists with Objections on Approved Form 226 all to be emailed in a Word document to chambers at: chambersflmdcovington@flmd.uscourts.gov.) [Court will set a date] All Other Motions Including Motions In Limine [Court requires 2 months before Trial term begins] Final Pretrial Conference [Court will set a date]] Trial Term Begins [Trial term must not be less than 5 months after dispositive motions deadline (unless filing of such motions is waived); district judge trial terms begin on the first Monday of each month; trials before magistrate judges will be set on a date certain after consultation with the parties] American LegalNet, Inc. www.FormsWorkFlow.com 2DEADLINE OR EVENT AGREED DATE Estimated Length of Trial [Number of trial days] Jury / Non-Jury Mediation Deadline: Proposed Date of Mediation: Mediator: Address: Telephone: [Absent arbitration, mediation is mandatory; the Court recommends 7 days after the discovery deadline] All Parties Consent to Proceed Before Magistrate Judge Yes No Likely to Agree in Future I. Preparation of the Case Management Report Lead counsel may meet in person or by telephone to prepare the Case Management Report. Pursuant to Local Rule 3.05(c)(2)(B) or (c)(3)(A),1 a meeting was held in person or by telephone on (date) and was attended by: Name Counsel for (if applicable) Once the parties have met and a case management report has been filed, discovery in this case can commence. II. Pre-Discovery Initial Disclosures of Core Information Fed. R. Civ. P. 26(a)(1)(A) - (D) Disclosures Fed. R. Civ. P. 26, as amended effective December 1, 2000, provides that these disclosures are mandatory in Track Two and Track Three cases, except as stipulated by the parties or otherwise ordered by the Court (the amendment to Rule 26 supersedes Middle District of Florida Local Rule 3.05, to the extent that Rule 3.05 opts out of the mandatory discovery requirements): The parties have exchanged agree to exchange (check one) information described in Fed. R. Civ. P. 26(a)(1)(A) - (D) 1A copy of the Local Rules may be viewed at http://www.flmd.uscourts.gov. American LegalNet, Inc. www.FormsWorkFlow.com 3 on by (check one) (date). Below is a description of information disclosed or scheduled for disclosure, including electronically stored information as further described in Section III below. III. Electronic Discovery The parties have discussed issues relating to disclosure or discovery of electronically stored information (223ESI224), including Pre-Discovery Initial Disclosures of Core Information in Section II above, and agree that (check one): No party anticipates the disclosure or discovery of ESI in this case; One or more of the parties anticipate the disclosure or discovery of ESI in this case. If disclosure or discovery of ESI is sought by any party from another party, then the following issues shall be discussed:2 A. The form or forms in which ESI should be produced. B. Nature and extent of the contemplated ESI disclosure and discovery, including specification of the topics for such discovery and the time period for which discovery will be sought C. Whether the production of metadata is sought for any type of ESI, and if so, what types of metadata. D. The various sources of ESI within a party222s control that should be searched for ESI, and whether either party has relevant ESI that it contends is not reasonably accessible under Rule 26(b)(2)(B), and if so, the estimated burden or costs of retrieving and reviewing that information. E. The characteristics of the party222s information systems that may contain relevant ESI, including, where appropriate, the identity of individuals with special knowledge of a party222s computer systems. F. Any issues relating to preservation of discoverable ESI. G. Assertions of privilege or of protection as trial-preparation materials, including whether the parties can facilitate discovery by agreeing on procedures and, if appropriate, an Order under the Federal Rules of Evidence Rule 502. If the parties agree that a protective order is needed, they shall attach a copy of the proposed order to the Case Management Report. The parties should attempt to agree on protocols that minimize the risk of waiver. Any protective order shall comply with Local Rule 1.09 and Section IV. F. below on Confidentiality Agreements. H. Whether the discovery of ESI should be conducted in phases, limited, or focused upon particular issues. Please state if there are any areas of disagreement on these issues and, if so, summarize the parties222 position on each: 2 See Generally: Rules Advisory Committee Notes to the 2006 Amendments to Rule 26 (f) and Rule 16. American LegalNet, Inc. www.FormsWorkFlow.com 4 If there are disputed issues specified above, or elsewhere in this report, then (check one): One or more of the parties requests that a preliminary pre-trial conference under Rule 16 be scheduled to discuss these issues and explore possible resolutions. Although this will be a non-evidentiary hearing, if technical ESI issues are to be addressed, the parties are encouraged to have their information technology experts with them at the hearing. If a preliminary pre-trial conference is requested, a motion shall also be filed pursuant to Rule 16(a), Fed. R. Civ. P. All parties agree that a hearing is not needed at this time because they expect to be able to promptly resolve these disputes without assistance of the Court. IV. Agreed Discovery Plan for Plaintiffs and Defendants A. Certificate of Interested Persons and Corporate Disclosure Statement 227 This Court has previously ordered each party, governmental party, intervenor, non-party movant, and Rule 69 garnishee to file and serve a Certificate of Interested Persons and Corporate Disclosure Statement using a mandatory form. No party may seek discovery from any source before filing and serving a Certificate of Interested Persons and Corporate Disclosure Statement. A motion, memorandum, response, or other paper 227 including emergency motion 227 is subject to being denied or stricken unless the filing party has previously filed and served its Certificate of Interested Persons and Corporate Disclosure Statement. Any party who has not already filed and served the required certificate is required to do so immediately. Every party that has appeared in this action to date has filed and served a Certificate of Interested Persons and Corporate Disclosure Statement, which remains current: Yes No Amended Certificate will be filed by (party) on or before (date). American LegalNet, Inc. www.FormsWorkFlow.com 5 B. Discovery Not Filed 227 The parties shall not file discovery materials with the Clerk except as provided in Local Rule 3.03. The Court encourages the exchange of discovery requests on diskette. See Local Rule 3.03 (f). The parties further agree as follows: C. Limits on Discovery 227 Absent leave of Court, the parties may take no more than ten depositions per side (not per party). Fed. R. Civ. P. 30(a)(2)(A); Fed. R. Civ. P. 31(a)(2)(A); Local Rule 3.02(b). Absent leave of Cour