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 Mandatory Initial Disclosures (pursuant to Fed.R.Civ.P. 26(a)(1) as amended effective December 1, 2000) [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] AGREED DATE 1 American LegalNet, Inc. www.FormsWorkFlow.com DEADLINE OR EVENT Disclosure of Expert Reports Plaintiff: Defendant: [Court recommends 1 - 2 months before discovery deadline to allow expert depositions and staggered 30 days with the party baring the burden of proof, on the issue for which the expert is proffered, to be designated first] 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 [10 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 6 weeks before Trial] All Other Motions Including Motions In Limine [Court recommends 1 weeks before Final Pre-trial Conference] Final Pretrial Conference AGREED DATE If needed, the Court will set a date that is approximately 4 weeks before trial Trial Briefs and Deposition Transcripts[Court recommends 2 weeks before Trial] 2 American LegalNet, Inc. www.FormsWorkFlow.com DEADLINE OR EVENT 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 4 months after dispositive motions deadline (unless filing of such motions is waived); district judge trial terms typically begin on Monday preceding the 1st day on the 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 1: Address: Telephone: [Absent arbitration, mediation is mandatory; Court recommends either 2 - 3 months after CMR meeting, or just after discovery deadline] All Parties Consent to Proceed Before Magistrate Judge AGREED DATE Yes____ No____ Likely to Agree in Future _____ A list of Court approved mediators is available from the Clerk and is posted on the website for the Middle District at http://www.flmd.uscourts.gov 1 3 American LegalNet, Inc. www.FormsWorkFlow.com 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), 2 a meeting was held in person on ___________________ (date) at attended by: Name Counsel for (if applicable) (time) at (place) and was II. Brief Description of the Case The following is a brief description of the specific nature and relative complexity of the case: III. 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 2 A copy of the Local Rules may be viewed at http://www.flmd.uscourts.gov. 4 American LegalNet, Inc. www.FormsWorkFlow.com 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 extend 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 (date). (check one) by Below is a description of information disclosed or scheduled for disclosure, including electronically stored information as further described in Section III below. IV. Electronic Discovery The parties have discussed issues relating to disclosure or discovery of electronically stored information ("ESI"), 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: 3 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 3 See Generally: Rules Advisory Committee Notes to the 2006 Amendments to Rule 26 (f) and Rule 16. 5 American LegalNet, Inc. www.FormsWorkFlow.com 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 party's 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 party's information systems that may contain relevant ESI, including, where appropriate, the identity of individuals with special knowledge of a party's 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