Free Scheduling Order & worksheet - Iowa

U.S. DISTRICT COURTS FOR THE NORTHERN/SOUTHERN DISTRICTS OF IOWA INSTRUCTIONS AND WORKSHEET FOR PREPARATION OF SCHEDULING ORDER AND DISCOVERY PLAN Effective [December][January] 1, 200[0][7] ORDER REQUIRING SUBMISSION OF SCHEDULING ORDER AND DISCOVERY PLAN Please carefully review the Local Rules, revised as of January 1, 200[3][6], for a more complete description of the District's requirements for pretrial case management (available at www.iand.uscourts.gov or www.iasd.uscourts.gov ). IT IS ORDERED THAT counsel for the parties shall confer, as required by Federal Rules of Civil Procedure 16 and 26 and Local Rules 16.1 and 26.1, and submit to the Clerk of Court on the attached form a stipulated proposed scheduling order and discovery plan. If counsel are not able to agree upon the deadlines required to complete the form or are requesting deadlines significantly beyond those suggested in the form, or if the case involves any special issues that require the early attention of the court, counsel should, in paragraph 11 of the form, request a Rule 16(b) and 26(f) scheduling and planning conference with the court.

/S/ ____________________________________ U.S. MAGISTRATE JUDGE Follow this worksheet at your Rule 16(b) and 26(f) conference. The deadlines referred to in the worksheet are suggested deadlines except for the dispositive motion deadline, which MUST be at least 120 days before the trial ready date. File only the attached two-page proposed scheduling order and discovery plan. DO NOT FILE THE WORKSHEET. 1 INITIAL DISCLOSURES[ AND ELECTRONICALLY STORED INFORMATION]: State whether the parties [(a) ]entered into an agreement at the Rule 26(f) conference resolving all issues relating to the Federal Rule of Civil Procedure 26(a)(1) initial disclosures in this action[, and (b) discussed the preservation, disclosure, and discovery of electronically stored information].[If you answered "no" to the last question, state whether any party objected at the Rule 26(f) conference either to making the initial disclosures or to the timing of the initial disclosures] _____ yes _____ no

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If any party objected at the Rule 26(f) conference either to making the initial disclosures or to the timing of the initial disclosures, then within 10 days after the scheduling order and discovery plan is filed, the objecting party must serve and file a document in which the objections are set forth with particularity. If the parties have entered into an agreement concerning the timing of the initial disclosures, state the date by which the initial disclosures will be made. ________________________________ (insert date) Unless a different deadline is set by agreement of the parties or court order, or unless a party objects to making the initial disclosures or to the timing of the initial disclosures, Local Rule 26.1(a) requires that the initial disclosures be made within 14 days after the Rule 26(f) conference. Federal Rule of Civil Procedure 26(a)(1) requires that the parties must, without awaiting a discovery request, provide to other parties: (A) the name and, if known, the address and telephone number of each individual likely to have discoverable information that the disclosing party may use to support its claims or defenses, unless solely for impeachment, identifying the subjects of the information; (B) a copy of, or a description by category and location of, all documents, [data compilations][electronically stored information], and tangible things that are in the possession, custody, or control of the party and that the disclosing party may use to support its claims or defenses, unless solely for impeachment; (C) a computation of any category of damages claimed by the disclosing party, making available for inspection and copying as under [Federal ]Rule [of Civil Procedure 34][34] the documents or other evidentiary material, not privileged or protected from disclosure, on which such computation is based, including materials bearing on the nature and extent of injuries suffered; and (D) for inspection and copying as under [Federal ]Rule [of Civil Procedure 34][34] any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. If the parties have any other disputes concerning initial disclosures or [the preservation, disclosure, or discovery of electronically stored information, or ]are aware of any other issues relating to scheduling or planning that might benefit from the early intervention of the court, the parties may, in paragraph 11 of the proposed scheduling order and discovery plan, request a court-sponsored pretrial discovery and planning conference.

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10.

SETTLEMENT CONFERENCE: Indicate one of the following two choices regarding a court-sponsored settlement conference: ______ A court-sponsored settlement conference should be set by the court at this time for a date after: ____________________________________. (insert date) ______ A court-sponsored settlement conference is not necessary at this time.

11.

SCHEDULING AND PLANNING CONFERENCE: State whether the parties believe a court-sponsored scheduling and planning conference pursuant to Federal Rules of Civil Procedure 16(b) and 26(f) would be appropriate in this case. _____ yes _____ no

12.

CONSENT TO MAGISTRATE JUDGE: State whether the parties unanimously consent, or do not unanimously consent, to trial, disposition, and judgment by a United States Magistrate Judge, with appeal to the Eighth Circuit Court of Appeals. _____ no, we do not unanimously consent

_____ yes, we unanimously consent

You may consent in either a jury or non-jury case. Cases consented to the United States Magistrate Judge will be set for trial on a date certain. 13. [FILING OR ]DELIVERY OF FORM TO CLERK OF COURT: Print or type the names, addresses, telephone and fax numbers, and e-mail addresses on the proposed scheduling order and discovery plan, sign the proposed order and plan, and [deliver it to the Clerk of Court. Be sure to deliver to the Clerk of Court][(a) in the Southern District of Iowa, electronically file the form in the court's electronic case filing system, or (b) in the Northern District of Iowa, e-mail the form to the following e-mail address: [email protected]. Be sure to include] both pages of the proposed order and plan[, and include the signature line for the magistrate judge].

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IN THE UNITED STATES DISTRICT COURT FOR THE [NORTHERN] [SOUTHERN] DISTRICT OF IOWA [WESTERN] [CENTRAL] [EASTERN] [CEDAR RAPIDS] [DAVENPORT] DIVISION ____________________________, Plaintiff(s), vs. ____________________________, Defendant(s). ) ) ) ) ) ) ) ) )

NO. __________________

SCHEDULING ORDER AND DISCOVERY PLAN

Counsel have conferred and submit the following case information and proposed dates for case management: 1. Did the parties [enter][both (a) enter] into an agreement at the Rule 26(f) conference resolving all issues relating to initial disclosures[? ____ yes _____ no If you answer "no," state whether any party objected at the Rule 26(f) conference to making or to the timing of the initial disclosures: ][, and (b) discuss the preservation, disclosure, and discovery of electronically stored information? ]____ yes _____ no If any party objected at the Rule 26(f) conference to making or to the timing of the initial disclosures, then the objecting party must, within 10 days after this order and plan has been filed, serve and file a document in which the objections are set forth with particularity. If the parties have agreed to a deadline for making the initial disclosures, state the date by which the initial disclosures will be made: Deadline for motions to add parties: Deadline for motions to amend pleadings: Expert witnesses disclosed by: a) Plaintiff: b) Defendant: c) Plaintiff Rebuttal: Deadline for completion of discovery: Dispositive motions deadline (at least 120 days before Trial Ready Date): Trial Ready Date (at least 120 days after Dispositive Motions Date): Has a jury demand been filed? _______ yes _______ no Estimated length of trial: _______ days Settlement conference (choose one of the following): (a) ______ A court-sponsored settlement conference should be set by the court at this time for a date after: ________________________; or (b) ______ A court-sponsored settlement conference is not necessary at this time. Should the court order a court-sponsored scheduling and planning conference pursuant to Fed. R. Civ. P. 16(b) and 26(f)? ______ yes _______ no Do the parties unanimously consent to trial, disposition and judgment by a U.S. Magistrate Judge, with appeal to the Eighth Circuit Court of Appeals pursuant to 28 U.S.C. § 636(c)(3)? ______ yes _______ no ______________________________ Attorney for Plaintiff(s): Address: Telephone: Facsimile: E-mail address: ______________________________ Attorney for Defendant(s): Address: Telephone: Facsimile: E-mail address:

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