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Initial Order Regarding Planning And Scheduling Form. This is a Kansas form and can be use in District Court Federal.
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Tags: Initial Order Regarding Planning And Scheduling, Kansas Federal, District Court
(Rev. 6/20/12)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
__________________________,
Plaintiff,
v.
__________________________,
Defendant.
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Case No. ____________
INITIAL ORDER REGARDING PLANNING AND SCHEDULING
Pursuant to Fed. R. Civ. P. 16(b), the court hereby sets this case for a scheduling
conference by telephone on (date), at (time). The court will initiate the telephone
conference call. All attorneys who have entered an appearance in accordance with D.
Kan. Rule 5.1(d) shall be available for the conference call at the telephone numbers listed
in the pleadings.
Pursuant to Fed. R. Civ. P. 26(f), no later than (date), the parties, in person and/or
through counsel, shall confer to discuss the nature and basis of their claims and defenses,
to discuss the use of mediation or other methods of alternative dispute resolution (ADR),
to develop a proposed discovery plan, and to make or arrange for the disclosures required
by Fed. R. Civ. P. 26(a)(1).
In developing their case management plan, counsel should keep in mind that
electronically stored information (ESI) was the subject of very significant amendments to
Fed. R. Civ. P. 16, 26, 33, 34, 37, and 45 that went into effect on December 1, 2006.
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Therefore, prior to the Rule 26(f) planning conference, counsel should familiarize
themselves with those amendments and review the ESI guidelines that are posted on this
court’s Internet website: (http://www.ksd.uscourts.gov/guidelines-for-esi/)
As this court’s ESI guidelines make clear, prior to the Rule 26(f) conference, counsel also
should become knowledgeable about their clients’ information management systems and
their operation, including how the information is stored and retrieved.
Prior to the Rule 26(f) planning conference, counsel shall have conferred with
their clients to discuss these issues and the benefits of mediation or other methods of
ADR. Absent exceptional circumstances, the court expects the parties to utilize some
form of ADR within ninety days of the scheduling conference. The parties and counsel
should select the particular ADR process to be pursued and the person who will conduct
the process, i.e., a mediator or other neutral.
By (date), plaintiff(s) shall submit a completed report of the parties’ planning
conference to the undersigned magistrate judge. The report shall follow the report form
posted on the court’s Internet website:
(http://www.ksd.uscourts.gov/report-of-parties-planning-conference/).
It shall be submitted electronically in .pdf format as an attachment to an Internet e-mail
sent to ksd_[judge]_chambers@ksd.uscourts.gov, and shall not be filed with the
Clerk’s Office.
In addition to the matters covered in Fed. R. Civ. P. 16(b) and (c), the parties shall
be prepared to discuss the following matters at the scheduling conference:
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1.
The items listed in the report of the parties’ planning conference.
2.
The extent to which the parties intend to serve disclosures and discovery
electronically, as permitted by D. Kan. Rules 5.4.2 and 26.3.
3.
How disclosure or discovery of ESI should be handled.
4.
How claims of privilege or of protection as trial-preparation material
asserted after production will be handled.
5.
Whether documents should be exchanged without formal discovery
requests in order to facilitate settlement, to avoid unnecessary expense, etc.
6.
Whether a limited amount of discovery would enable the parties to present
substantive issues for the court’s resolution that would narrow the scope of
remaining discovery.
7.
Whether potential dispositive motions could be presented for the court’s
determination at the earliest appropriate opportunity.
8.
Whether any issues should be bifurcated.
9.
All potentially dispositive issues.
10.
The setting of definite dates for the final pretrial conference and trial.
11.
Consent to trial before a U.S. Magistrate Judge, either at this time or as a
backup if the assigned U.S. District Judge determines that his or her
schedule is unable to accommodate the scheduled trial date. The parties
should note that magistrate judges may preside over jury trials.
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Withholding consent will have no adverse substantive consequences but
may delay the trial of the case.
Except when particularly complicated or simple, cases usually are set on a
calendar for trial within twelve to fourteen months from the date of filing. Pursuant to D.
Kan. Rule 26.1, discovery in civil cases (other than patent infringement and antitrust
cases) should be completed within four months of the filing of the scheduling order,
unless the court, for good cause shown, establishes a longer or shorter period for the
completion of discovery. The dispositive motion deadline is usually set four to six
months before the trial date to allow the court time to consider any such motions before
the parties begin their final trial preparation. The final pretrial conference will usually be
scheduled approximately two weeks after the close of discovery and approximately two
weeks before the dispositive motion deadline.
The court appreciates the cooperation and diligent efforts which will secure a just
and speedy determination of the issues in this case. If you have questions, please e-mail
_____________ , at ksd_[judge]_chambers@ksd.uscourts.gov.
IT IS SO ORDERED.
Dated this _____ day of _____________, 20___, at ______________, Kansas.
__________________________________
U.S. Magistrate Judge
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