Report of Parties' Planning Meeting; Sample Planning Report; Jury Selection Process

=== Report of Parties' Planning Meeting ===

[Caption and Name of Parties] (Rev. 3/25/16) Report of Parties Planning Meeting 1. Meeting. was attended by : Pursuant to FED. R. CIV. P. 26(f), a meeting was held on [date] at [place] and [name] for plaintiff[s] [name] for defendant[s] 2. Nature of the Case a. The case involves the following claims and counterclaims: [Include a brief description] b. The basis for federal jurisdiction is: [state basis] 3. Pre-trial Schedule. The parties jointly propose to the court the following discovery plan: [Use separate paragraphs or subparagraphs as necessary if parties disagree.] a. Discovery will be needed on the following subjects: [brief description of subjects on which discovery will be needed] b c. d. e. Disclosures pursuant to FED. R. CIV. P. 26(a)(1) to be made by [date]. All discovery to be commenced in time to be completed by [date]. The parties have discussed discovery of electronically stored information [“ESI”]. The parties acknowledge their obligation to take reasonable and proportionate steps for preserving relevant and discoverable ESI within their possession, custody, or control. The parties acknowledge, further, that requests for ESI, and responses to those requests, must be reasonably targeted, clear, and as specific as practicable. The parties propose the following methodologies for identifying ESI, eliminating duplicative ESI, developing filters or keywords for searches: [brief description of ESI discovery methodologies] The parties expect they will need approximately [#] depositions. Reports from retained experts under Rule 26(a)(2) due: from plaintiff[s] by [date] from defendant[s] by [date f. All potentially dispositive motions should be filed by [date]. [Note: The court will not consider a summary judgment motion until the parties have first discussed settlement. Any motion for summary judgment must be accompanied by a statement signed by lead counsel for both parties certifying that they have engaged in good faith settlement efforts.] 4. Trial Schedule a. b. Final pretrial order: Plaintiff to prepare proposed draft by [date]; parties to file joint final pretrial order by [date]. The case should be ready for trial by [date] and at this time is expected to take approximately [length of time]. 5. Expected Evidentiary Proceedings The parties anticipate there may be the following types of evidentiary hearings: [list such hearings as preliminary injunction proceedings; Markman or claims construction hearings; Daubert hearings; bench or jury trial]. 6. 7. Settlement. At least 7 days prior to the Rule 16[b] scheduling conference, plaintiff[s] is directed to make a written settlement demand to the defendant[s]. At least 3 days prior to the scheduling conference defendant[s] is to respond in writing to the plaintiff’s settlement demand. Consent. Judge. Parties [do] [do not] consent unanimously to proceed before a Magistrate Date: __________ ___________________________________ /signed by all counsel

=== Sample Planning Report ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION _______________________________ _______________________________ _______________________________ Plaintiff(s), v. _______________________________ _______________________________ _______________________________ Defendant(s). No. _________ Judge Rebecca R. Pallmeyer PLAINTIFF(S) AND DEFENDANT(S) JOINT RULE 26(f)(1) REPORT Now comes the Plaintiff(s) and the Defendant(s) and jointly present their Rule 26(f) Report to the Court as follows: 1. Pursuant to Federal Rule 26(f) a planning meeting was held on __________, at the offices of __________, and was attended by: __________ for the Plaintiff(s) and __________for the Defendant(s). The conference was productive in establishing a discovery schedule and outlining various issues and positions, but did not result in settlement. 2. The parties jointly propose to the Court the following discovery plan: a. Discovery will be needed on the following subjects: 1. 2. The design and manufacture of the product at issue; The development of [the relevant] technology and other related technology, and the negotiations with the product’s manufacturer with respect to the implementation of the technology; 3. 4. 5. The Plaintiff’s use of the product at issue, and the facts of the occurrence at issue; The Plaintiff’s employment history; and The medical care and treatment of the Plaintiff for the injuries suffered. b. The Defendant will produce its Federal Rule 26(a)(1) disclosures by __________. All discovery to be commenced in time to be completed by __________. c. The parties believe that it will be necessary to depose a variety of witnesses relative to these issues and that these witnesses are located throughout the United States of America. The parties anticipate that the depositions of the individuals knowledgeable about the design and manufacture of the product, as well as the design and manufacture of [the relevant] technology and discussions with manufacturers, would involve up to 10 to 15 witnesses. The vast majority of these witnesses would be outside the State of Illinois. It is anticipated that the parties will be deposing __________ and other individuals who developed [the relevant] technology; these individuals are located outside the State of Illinois. Additionally, the Plaintiff has in excess of $_________ in medical expenses for treatment that he contends is related to the injury alleged in the Complaint. The Defendants anticipate that there will be 2 to 5 depositions of medical personnel. Finally, both parties anticipate that there will be expert discovery and the total number of respective experts will be dependent on the nature and extent of the fact discovery completed. There are hundreds of thousands of pages of documents relative to the product development and the development of [the relevant] technology that will make depositions of various witnesses lengthy. d. Reports and depositions of retained experts under Rule 26(a)(2) shall be disclosed as follows: 1. The Plaintiff to disclose expert reports on or before . 2. 3. 4. Depositions of the Plaintiff’s experts to be completed by . The Defendants and Third-Party Defendants to disclosure expert reports on or before . The Defendants and Third-Party Defendants expert witnesses to be deposed by __________. 2 e. Parties shall be allowed until __________, to join additional parties and to amend the pleadings. f. Dispositive motions to be filed by __________; The court will not consider a motion for summary judgment until the parties have first discussed settlement. Any motion for summary judgment must be accompanied by a statement signed by lead counsel for both parties certifying that they have engaged in good faith settlement efforts. g. Final pretrial order: Plaintiff shall prepare proposed draft by __________; parties to file joint final pretrial order by __________. h. The case should be ready for trial by __________, and at this time is expected to take approximately ___ weeks. 3. At this time the parties (do/do not consent) unanimously to proceed before the Magistrate Judge. Respectfully submitted, Law Offices of By: (name) Address and phone number of law firm(s): 3