MODEL DISCOVERY PLAN1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------- X , Plaintiff(s), -against- , Defendant(s). -------------------------------------------------------- X CIV. (KMW) DISCOVERY PLAN Pursuant to Federal Rule of Civil Procedure 26(f), during a conference on between counsel for plaintiff (plaintiff222s name) and counsel for defendant (defendant222s name), counsel for the parties discussed and agreed to the following discovery plan: (1)The parties shall exchange the initial disclosures required under Federal Rule of CivilProcedure 26(a)(1) no later than .2 (2)Both plaintiff and defendant shall serve their first request for production ofdocuments, pursuant to Federal Rule of Civil Procedure 34, no later than .(3)Both plaintiff and defendant shall serve their notices of deposition, pursuant toFederal Rule of Civil Procedure 30, no later than . Plaintiff anticipatesdeposing: (a) ; (b) ; and (c). Defendant anticipates deposing: (a) ;(b); and (c) .(4)Depositions of the parties shall commence after , at mutuallyconvenient dates and times, without prejudice to either party conducting a non-partydeposition beforehand at a mutually convenient date, time and place.(5)Both plaintiff and defendant shall serve subpoenas upon any third-party witnesses no 1 The Court recognizes that discovery plans will vary in accordance with the needs of the parties. This Model Discovery Plan is intended only to guide the parties in developing more individualized plans. 2 Fed. R. Civ. P. 26 provides that 223[a] party must make the initial disclosures at or within 14 days after the parties222 Rule 26(f) conference unless a different time is set by stipulation or court order, or unless a party objects during the conference that initial disclosures are not appropriate in the circumstances of the action and states the objection in the proposed discovery plan.224 Fed. R. Civ. P. 26(a)(1)(C). American LegalNet, Inc. www.FormsWorkFlow.com later than , seeking the production of documents and/or depositions. (6)Plaintiff shall serve its expert222s report upon defendants, pursuant to Federal Rule ofCivil Procedure 26(a)(2), no later than .3 The report shall setforth a complete statement of all opinions the witness will express, the facts on whichthe witness relies, and the process of reasoning by which the witness222s conclusions arereached, and must otherwise comply with the requirements of Federal Rule of CivilProcedure 26(a)(2)(B).(7)Defendant shall serve its expert222s rebuttal report upon plaintiff, pursuant to FederalRule of Civil Procedure 26(a)(2), no later than .4 (8)Depositions of the experts shall begin in time to be completed no later than for plaintiff222s expert and fordefendant222s expert.(9)All discovery shall be completed by .(10)The parties may seek to schedule additional discovery as necessary, so long as it iscompleted by (same date as appears in (9) above).Signed: Plaintiff: Defendant: [Plaintiff222s Name] [Defendant222s Name] [Attorney222s Printed Name] [Attorney222s Printed Name] [Attorney222s Signature] [Attorney222s Signature] SO ORDERED. Dated: New York, New York KIMBA M. WOOD United States District Judge 3 223Absent a stipulation or court order, the [expert] disclosures must be made at least 90 days before the date set for trial or for the case to be ready for trial.224 Fed. R. Civ. P. 26(a)(2)(D). 4 223[I]f the evidence is intended solely to contradict or rebut evidence on the same subject matter identified by another party under Rule 26(a)(2)(B) or (C), [such rebuttal shall be made] within 30 days after the other party222s disclosure.224 Fed. R. Civ. P. 26(a)(2)(D). American LegalNet, Inc. www.FormsWorkFlow.com UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------X , Plaintiff(s), -against- , Defendant(s). -------------------------------------------------------- X CIV. (KMW) Pursuant to Federal Rule of Civil Procedure 26(f), during a conference on between counsel for plaintiff and counsel for defendant , counsel for the parties discussed and agreed to the following discovery plan: The parties shall exchange the initial disclosures required under Federal Rule of CivilProcedure 26(a)(1) no later than .Both plaintiff and defendant shall serve their first request for production ofdocuments, pursuant to Federal Rule of Civil Procedure 34, no later than .Both plaintiff and defendant shall serve their notices of deposition, pursuant toFederal Rule of Civil Procedure 30, no later than . Plaintiff anticipatesdeposing: (a) ; (b) ; and (c). Defendant anticipates deposing: (a) ;; and (c) .Depositions of the parties shall commence after , at mutuallyconvenient dates and times, without prejudice to either party conducting a non-partydeposition beforehand at a mutually convenient date, time and place.Both plaintiff and defendant shall serve subpoenas upon any third-party witnesses no later than , seeking the production of documents and/ordepositions. DISCOVERY PLAN American LegalNet, Inc. www.FormsWorkFlow.com Plaintiff shall serve its expert222s report upon defendants, pursuant to Federal Rule ofCivil Procedure 26(a)(2), no later than .3 The report shall setforth a complete statement of all opinions the witness will express, the facts on whichthe witness relies, and the process of reasoning by which the witness222s conclusions arereached, and must otherwise comply with the requirements of Federal Rule of CivilProcedure 26(a)(2)(B).Defendant shall serve its expert222s rebuttal report upon plaintiff, pursuant to FederalRule of Civil Procedure 26(a)(2), no later than .4Depositions of the experts shall begin in time to be completed no later than for plaintiff222s expert and fordefendant222sexpert.All discovery shall be completed by .The parties may seek to schedule additional discovery as necessary, so long as it iscompleted by .Signed: Plaintiff: Defendant: SO ORDERED. Dated: New York, New York KIMBA M. WOOD United States District Judge American LegalNet, Inc. www.FormsWorkFlow.com