UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION Plaintiff v. 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 (pursuant to Fed.R.Civ.P. 26(a)(1)) [Court recommends 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 [Court recommends 1 - 2 months after CMR meeting] Disclosure of Expert Reports Plaintiff: Defendant: Rebuttal: [Court recommends 1 - 2 months before discovery deadline to allow expert depositions] Discovery Deadline [Court recommends 6 months before trial to allow time for dispositive motions to be filed and decided; all discovery must be commenced in time to be completed before this date] 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 [20 days before Joint Final Pretrial Statement] Joint Final Pretrial Statement (Including a Single Set of Jointly-Proposed Jury Instructions and Verdict Form, Voir Dire Questions, Witness Lists, Exhibit Lists with Objections on Approved Form) [Court recommends 5 weeks before Trial] American LegalNet, Inc. www.FormsWorkFlow.com DEADLINE OR EVENT AGREED DATE All Other Motions Including Motions In Limine, Trial Briefs [Court recommends 7 weeks before trial] Trial Term Begins [Local Rule 3.05 (c)(2)(E) sets goal of trial within 2 years of filing complaint in all Track Two cases; 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 business day of each month; trials before magistrate judges will be set on a date certain after consultation with the parties] Estimated Length of Trial [trial days] Jury / Non-Jury Mediation Deadline: Mediator: Address: Telephone: [Absent arbitration, mediation is mandatory; Court recommends either 2 - 3 months after CMR meeting, or just after discovery deadline. If the parties do not select a mediator in the CMR, the Court will appoint one from its List of Certified Mediators.] All Parties Consent to Proceed Before Magistrate Judge Yes No Likely to Agree in Future I. Meeting of Parties in Person Lead counsel must meet in person and not by telephone absent an order permitting otherwise. Counsel will meet in the Middle District of Florida, unless counsel agree on a different location. Pursuant to Local Rule 3.05(c)(2)(B) or (c)(3)(A),1 a meeting was held in person on (date) at (time) at (place) and was attended by: Name Counsel for (if applicable) 1A copy of the Local Rules may be viewed at http://www.flmd.uscourts.gov. American LegalNet, Inc. www.FormsWorkFlow.com II. Pre-Discovery Initial Disclosures of Core Information Fed.R.Civ.P. 26(a)(1)(A) - (D) Disclosures Fed.R.Civ.P. 26 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 (,.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) 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: A. The form or forms in which ESI should be produced. American LegalNet, Inc. www.FormsWorkFlow.com 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 file a motion attaching a copy of the proposed order. 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. American LegalNet, Inc. www.FormsWorkFlow.com Please state if there are any areas of disagreement on these issues and, if so, summarize the parties222 position on each: 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 Fed. R. Civ. P. 16(a). 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. American LegalNet, Inc. www.FormsWorkFlow.com 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). 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 via electronic means. See Local Rule 3.03 (e). The parties further agree as follows: C. Limits on Discovery 227 Absent leave of Court, the parties may take no more