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    Brunson Case Gov - Uscourts.utd.139026.3.0

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    Freeman Lawyer
    This order from a US District Court establishes procedures for developing a litigation schedule in a new civil case. It requires the plaintiff to propose a draft schedule to the defendant within 14 days of the first answer. The parties must then conduct a Rule 26(f) conference within 14 days to discuss required items. Within 35 days, the parties must either file a stipulated motion for a scheduling order with an attached planning report, or a motion for a scheduling conference indicating disputed issues. The order provides guidance on issues to be prepared to discuss if a scheduling conference is held, and urges the parties to propose a schedule with standard discovery deadlines.

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    Public Domain
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    Brunson Case Gov - Uscourts.utd.139026.3.0

    Uploaded by

    Freeman Lawyer
    152 views5 pages
    This order from a US District Court establishes procedures for developing a litigation schedule in a new civil case. It requires the plaintiff to propose a draft schedule to the defendant within 14 days of the first answer. The parties must then conduct a Rule 26(f) conference within 14 days to discuss required items. Within 35 days, the parties must either file a stipulated motion for a scheduling order with an attached planning report, or a motion for a scheduling conference indicating disputed issues. The order provides guidance on issues to be prepared to discuss if a scheduling conference is held, and urges the parties to propose a schedule with standard discovery deadlines.

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    Brunson Case USDC Document 139026 - 3.0

    Original Title

    Brunson Case Gov.uscourts.utd.139026.3.0

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    This order from a US District Court establishes procedures for developing a litigation schedule in a new civil case. It requires the plaintiff to propose a draft schedule to the defendant within 14 days of the first answer. The parties must then conduct a Rule 26(f) conference within 14 days to discuss required items. Within 35 days, the parties must either file a stipulated motion for a scheduling order with an attached planning report, or a motion for a scheduling conference indicating disputed issues. The order provides guidance on issues to be prepared to discuss if a scheduling conference is held, and urges the parties to propose a schedule with standard discovery deadlines.

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    152 views5 pages

    Brunson Case Gov - Uscourts.utd.139026.3.0

    Uploaded by

    Freeman Lawyer
    This order from a US District Court establishes procedures for developing a litigation schedule in a new civil case. It requires the plaintiff to propose a draft schedule to the defendant within 14 days of the first answer. The parties must then conduct a Rule 26(f) conference within 14 days to discuss required items. Within 35 days, the parties must either file a stipulated motion for a scheduling order with an attached planning report, or a motion for a scheduling conference indicating disputed issues. The order provides guidance on issues to be prepared to discuss if a scheduling conference is held, and urges the parties to propose a schedule with standard discovery deadlines.

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 5
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    The key takeaways are that the order outlines the process and timeline for the parties to propose a scheduling order which will secure a just, speedy, and inexpensive determination of the case.

    The purpose of the order is to have the parties propose a schedule to the court in order to efficiently manage the case and fulfill the purposes of the Federal Rules of Civil Procedure.

    The steps the parties must take are to conduct a planning conference, file either a stipulated motion for scheduling order or a motion for scheduling conference depending on if they agree, and propose a schedule within certain timeframes that is urged to include completion dates for discovery and dispositive motions.

    Case 1:23-cv-00042-HCN-JCB Document 3 Filed 04/13/23 PageID.

    31 Page 1 of 5

    THE UNITED STATES DISTRICT COURT

    DISTRICT OF UTAH

    RALAND J. BRUNSON, ORDER TO PROPOSE SCHEDULE

    Plaintiff,

    v. Case No. 1:23-cv-00042-JCB

    SONIA SOTOMAYOR, et al.,

    Defendants. Magistrate Judge Jared C. Bennett

    To secure the just, speedy, and inexpensive determination of every action and proceeding

    and fulfill the purposes of Fed. R. Civ. P. 1, 16, and 26, IT IS HEREBY ORDERED:

    1. Except for cases listed in Fed. R. Civ. P. 26(a)(1)(B), Plaintiff(s) must propose a

    schedule to Defendant(s) in the form of a draft Attorney Planning Meeting

    Report 1 within 14 days after the first answer to the complaint is filed, 2 subject to

    the following exceptions:

    a. The parties may stipulate to a litigation schedule before an answer is filed.

    b. If the first answer to the complaint has already been filed at the time this

    Order is issued, Plaintiff(s) must propose a schedule to Defendant(s) in the

    1
    The Attorney Planning Meeting Report can be found on the court’s website at:
    https://www.utd.uscourts.gov/usdc-forms.
    2
    If the first answer to the complaint is filed more than 90 days after any Defendant has been
    served with the complaint or 60 days after any Defendant has appeared because the parties were
    waiting for the resolution of a pending motion, the court finds good cause to delay the issuance
    of a scheduling order until after the resolution of the motion. Judicial economy is favored by
    such a delay.
    Case 1:23-cv-00042-HCN-JCB Document 3 Filed 04/13/23 PageID.32 Page 2 of 5

    form of a draft Attorney Planning Meeting Report within 14 days after the

    date of this Order.

    c. DUCivR 81-2(d) governs scheduling in cases that are removed to federal

    court.

    d. LPR 1.2 governs scheduling in patent cases.

    2. The parties must conduct their planning conference under Fed. R. Civ. P. 26(f)

    within 14 days after Plaintiff(s) providing Defendant(s) with a draft Attorney

    Planning Meeting Report.

    a. The court’s preference is for the parties to conduct their Fed. R. Civ. P.

    26(f) conference by way of: telephone call, video teleconference, or

    in-person meeting in which all the required items in Fed. R. Civ. P. 26(f)

    are discussed.

    b. If the parties are unable to reach agreement on all issues required to be

    discussed in their Fed. R. Civ. P. 26(f) conference, the parties must

    conduct a telephone call, a video teleconference, or an in-person meeting

    before filing a Motion for Scheduling Conference as outlined below.

    3. Within 35 days after the first answer to the complaint is filed, or if the first answer

    to the complaint has already been filed at the time this Order is issued, within 35

    days after the date of this Order, the parties must do one of the following:

    a. If the parties are able to reach agreement on all issues required to be

    discussed in their Fed. R. Civ. P. 26(f) conference, the parties must file a

    Stipulated Motion for Scheduling Order with a jointly signed Attorney

    2
    Case 1:23-cv-00042-HCN-JCB Document 3 Filed 04/13/23 PageID.33 Page 3 of 5

    Planning Meeting Report attached. The parties must also email a stipulated

    Proposed Scheduling Order 3 in word processing format to the Magistrate

    Judge or, if the case is not assigned or referred to a Magistrate Judge, to the

    assigned District Judge.

    b. If the parties are unable to reach agreement on all issues required to be

    discussed in their Fed. R. Civ. P. 26(f) conference, the parties must file a

    Motion for Scheduling Conference with a copy of their Attorney Planning

    Meeting Report attached indicating which provisions are contested and

    which are not. The parties must also email their respective Proposed

    Scheduling Orders in word processing format to the Magistrate Judge or,

    if the case is not assigned or referred to a Magistrate Judge, to the assigned

    District Judge.

    4. If a Scheduling Conference is held, the parties must be prepared to discuss the

    following issues:

    • The disputed matters in the Attorney Planning Meeting Report.

    • What 2-3 core factual or legal issues are most likely to be determinative of

    this dispute?

    • Who are the 1-3 most important witnesses each side needs to depose? Is

    there any reason these witnesses cannot be deposed promptly?

    3
    The Proposed Scheduling Order can be found on the court’s website at:
    https://www.utd.uscourts.gov/usdc-forms.

    3
    Case 1:23-cv-00042-HCN-JCB Document 3 Filed 04/13/23 PageID.34 Page 4 of 5

    • What information would be most helpful in evaluating the likelihood of

    settlement? Is there any reason it cannot be obtained promptly?

    • Briefly describe the crucial facts, primary claims, and primary defenses.

    • What could be done at the outset to narrow and target the discovery in this

    case?

    • What agreements have the parties reached regarding limitations on

    discovery, including discovery of ESI?

    • Is there a need to schedule follow-up status conferences?

    5. The parties are urged to propose a schedule providing for:

    a. Completion of fact discovery no more than 6 months after the first answer

    to the complaint is filed.

    b. Expert reports from the party with the burden of proof on an issue 28 days

    after the completion of fact discovery, and responsive reports 28 days

    thereafter.

    c. Completion of expert discovery 28 days after the filing of expert reports.

    d. Dispositive motion deadline no more than 10 months after the first answer

    to the complaint is filed.

    6. Unless the parties stipulate or the court orders otherwise, the parties must

    exchange their disclosures under Fed. R. Civ. P. 26(a) within 14 days from the

    date of the Fed. R. Civ. P. 26(f) conference.

    7. Except as provided by Fed. R. Civ. P. 26(d)(2) or by court order, discovery begins

    after the conclusion of the Fed. R. Civ. P. 26(f) conference. If a party seeks

    4
    Case 1:23-cv-00042-HCN-JCB Document 3 Filed 04/13/23 PageID.35 Page 5 of 5

    discovery before the Fed. R. Civ. P. 26(f) conference, it must file a Motion for

    Expedited Discovery.

    IT IS SO ORDERED.

    DATED this 13th day of April 2023.

    BY THE COURT:

    JARED C. BENNETT
    United States Magistrate Judge

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