UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
DAVID G. BERNTHAL
114 U.S. COURTHOUSE 201 S. VINE STREET URBANA, ILLINOIS 61802 TELEPHONE 217-373-5839 Fax 217-373-5840
May 7, 2007
TO: FROM: Counsel Practicing in CD/IL (Urbana Division Only) David G. Bernthal U.S. Magistrate Judge SUGGESTED FORM FOR PROPOSED DISCOVERY PLAN
Pursuant to this Court's standard order setting Rule 16 hearings, the parties are directed to conduct a meeting pursuant to FED. R. CIV. P. Rule 26(f) at least 21 days before the scheduling conference is held. The parties are directed to develop a proposed discovery plan which shall be submitted to the Court not less than fourteen (14) days prior to the scheduling conference. We have had several inquiries about this Court's preference for the form in which proposed discovery plans are submitted. Therefore, we have prepared the following sample to guide attorneys in preparing their proposed plan for submission to the Court. The sample has been modified to reflect changes in the Federal Rules of Civil Procedure that became effective in December 2006. It is not mandatory that the proposed plan be followed; the sample is offered only as a guide.
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS Urbana Division ) ) ) ) ) ) ) )
REPORT OF RULE 26(f) PLANNING MEETING Plaintiff being represented by _________________________ and Defendant being represented by ___________________________, counsel met on ____________________ for the purpose of formulating a proposed discovery calendar for consideration by the Court. The following are dates1 which counsel have agreed upon. 1. Parties will exchange initial disclosures pursuant to FED. R. CIV. P. 26(a)(1) by ___________________. 2. The deadline for amendment of pleadings is _________________________________. 3. The deadline for joining additional parties is ________________________________. 4. Plaintiff shall disclose experts and provide expert reports by ____________________. Plaintiff shall make any such experts available for deposition by _______________________. 5. Defendant shall disclose experts and provide expert reports by __________________. Defendant shall make any such experts available for deposition by _______________________. 6. Discovery shall be modified as follows: (Use this space to add additional discovery limitations or deadlines.) 7. All discovery, including deposition of experts, is to be completed by _____________.
See Section III of this Court's Rule 16 memo (also displayed on this website) for suggested time frames. 2
8. The deadline for filing case dispositive motions shall be ______________________. 9. If applicable, insert here any provisions for disclosure or discovery or electronically stored information and/or any agreements the parties reach for asserting claims of privilege or of protection as trial preparation materials after production. ___________________________, Plaintiff2 BY: _________________________________ Attorney's Name, Firm, etc. __________________________, Defendant BY: ________________________________ Attorney's Name, Firm, etc.
The following Order area : should be left blank for completion by the Court.
This Court accepts the discovery calendar itemized above with any noted changes, as well as the additions below. The matter is scheduled for a telephone status conference before ____________________ on _____________________________. The matter is scheduled for final pretrial conference by personal appearance before ________________________ on ______________________________________. The matter is scheduled for jury selection/jury trial or bench trial before _________________________ on ____________________________________ (Case No. ___).
CERTIFICATE OF SERVICE I hereby certify that on _______________, I electronically filed the foregoing Rule 26(f) Meeting Report together with proposed order, with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following: and I hereby certify that I have mailed by United States Postal Service the document to the following non CM/ECF participants: s/ (attorney's typed names) Attorney's Address Block
See this Court's Civil Administrative Procedures (specifically pp. 17-18) for instructions on electronic multiple signatures. 3