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Scheduling Order - Kansas
| Scheduling Order Form. This is a Kansas form and can be used in District Court Federal . |
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Rev. 6/20/12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS _______________________, Plaintiff, v. ________________________, Defendant. ) ) ) ) ) ) ) ) ) Case No. _________ SCHEDULING ORDER On (date), pursuant to Fed. R. Civ. P. 16(b), the court conducted a [telephone] scheduling conference in this case with the parties.1 Plaintiff appeared [[in person] [through its representative (insert name)] and] [without counsel] [through counsel (list attorneys)]. Defendant appeared [[in person] [through its representative (insert name)] and] [without counsel] [through counsel (list attorneys)]. After consultation with the parties, the court enters this scheduling order, summarized in the table that follows: As used in this scheduling order, the term "plaintiff" includes plaintiffs as well as counterclaimants, cross-claimants, third-party plaintiffs, intervenors, and any other parties who assert affirmative claims for relief. The term "defendant" includes defendants as well as counterclaim defendants, cross-claim defendants, third-party defendants, and any other parties who are defending against affirmative claims for relief. 1 1 American LegalNet, Inc. www.FormsWorkFlow.com Rev. 6/20/12 SUMMARY OF DEADLINES AND SETTINGS Event Plaintiff's settlement proposal Defendant's settlement counter-proposal Confidential settlement reports to magistrate judge, with identification of agreed-upon mediator or other ADR neutral Mediation or other ADR process completed Settlement conference with court Initial disclosures exchanged All discovery completed Early discovery completed Experts disclosed by plaintiff Experts disclosed by defendant Rebuttal experts disclosed Independent medical examinations Supplementation of disclosures Preliminary witness and exhibit disclosures Jointly proposed protective order submitted to court Motion and brief in support of proposed protective order (only if parties disagree about need for and/or scope of order) Motions to join additional parties or otherwise amend the pleadings Motions to dismiss for lack of personal jurisdiction, venue, propriety of the parties, or failure to state a claim All other potentially dispositive motions (e.g., summary judgment) Motions challenging admissibility of expert testimony Comparative fault identification Status conference Final pretrial conference 2 Deadline/Setting American LegalNet, Inc. www.FormsWorkFlow.com Rev. 6/20/12 SUMMARY OF DEADLINES AND SETTINGS Proposed pretrial order due Trial 1. Alternative Dispute Resolution (ADR). a. By (date), plaintiff shall submit to defendant a good faith proposal to settle the case. By (date), defendant shall make a good faith response to plaintiff's proposal, either accepting the proposal or submitting defendant's own good faith proposal to settle the case. By (date), each of the parties shall submit independently, by way of e-mail or letter (preferably the former), addressed to the magistrate judge (but not the district judge), a confidential settlement report. These reports shall briefly set forth the parties' settlement efforts to date, current evaluations of the case, views concerning future settlement negotiations and the overall prospects for settlement, and a specific recommendation regarding mediation and/or any other ADR method, together with an indication concerning who has been selected by the parties (preferably jointly) to serve as a mediator or other neutral in an ADR process. These reports need not be served upon opposing parties and shall not be filed with the Clerk's Office. [The court may thereafter order participation in an ADR process.] b. Settlement may be enhanced by use of mediation (or other chosen ADR process). [The parties have selected (insert name) to conduct the mediation (or other chosen ADR process).] [Counsel shall provide the name of an agreed-upon mediator (or other ADR neutral) to the court, and the scheduled date of the mediation (or other chosen ADR process), as part of the above-described confidential settlement reports; if the 3 American LegalNet, Inc. www.FormsWorkFlow.com Rev. 6/20/12 parties are unable to jointly agree upon a mediator (or other neutral), each shall suggest a mediator (or other neutral) and then the court will select a mediator (or other neutral).] [Absent further order of the court, the ADR process shall be held no later than (date), before the mediator (or other neutral) chosen by the parties or selected by the court).] [An ADR report, on the form located on the court's Internet website, must be filed by defense counsel within five days of the scheduled ADR process (http://www.ksd.uscourts.gov/adr-report/).] [A settlement conference is scheduled for (date) in the magistrate judge's courtroom (insert Courtroom #, building, street, and city).] 2. Discovery. a. The parties [have exchanged] [shall exchange by (date)] the information [Optional: In order to facilitate settlement required by Fed. R. Civ. P. 26(a)(1). negotiations and to avoid unnecessary expense, the parties have agreed that, without any need for formal requests for production, copies of the various documents described in the parties' respective Rule 26(a)(1) disclosures shall be [exchanged] [made available for inspection and copying] by (date).] The parties are reminded that, although Rule 26(a)(1) is keyed to disclosure of information that the disclosing party "may use to support its claims or defenses, unless solely for impeachment," the advisory committee notes to the 2000 amendments to that rule make it clear that this also requires a party to disclose information it may use to support its denial or rebuttal of the allegations, claim, 4 American LegalNet, Inc. www.FormsWorkFlow.com Rev. 6/20/12 or defense of another party. In addition to other sanctions that may be applicable, a party who without substantial justification fails to disclose information required by Fed. R. Civ. P. 26(a) or Fed. R. Civ. P. 26(e)(1) is not, unless such failure is harmless, permitted to use as evidence at trial, at a hearing, or on a motion any witness or information not so disclosed. See Fed. R. Civ. P. 37(c)(1). b. All discovery shall be commenced or served in time to be completed by (date). Discovery on (issue for early discovery) shall be completed by (date). c. The parties [intend] [do not intend] to serve disclosures and discovery electronically, as permitted by D. Kan. Rules 5.4.2 and 26.3. d. The court [considered] [resolved] the following discovery problem(s) raise
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