Certification And Report Conference And Discovery Plan (Judge Warren - Rochester)

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF NEW YORK - - ROCHESTER DIVISION ___________________________________________________________________________________________ In Re: Case No.: Chapter: Debtor(s) ___________________________________________________________________________________________ A.P. No.: Plaintiff(s) v. Defendant(s) ___________________________________________________________________________________________ CERTIFICATION AND REPORT OF RULE 26(f) FRCP/RULE 7026 FRBP CONFERENCE AND DISCOVERY PLAN Please fill in or check the appropriate blanks to certify completion of the Rule 7026 FRBP Attorney's Conference and provide the required information to the Court. Where the parties were unable to agree on a specific provision or item, please so note and attach any necessary explanation. Please note that this information will be used as a guideline by the Judge, in conducting the Rule 16 FRCP Conference. 1. Certification Concerning Discovery Plan. (check one) _____ A discovery plan is needed or useful in this case and is outlined below. _____ The parties cannot agree on a discovery plan. The attached sets forth the parties' disagreements and reasons for each party's position. (attach an explanation to this document) 2. Certification of Conference. Pursuant to Rule 26(f) FRCP/Rule 7026 FRBP, a meeting was held on ___________________________________ (date) at ________________________________________(place) or by telephone [ ] (check if applicable) and was conducted by the undersigned counsel for the designated parties in this adversary proceeding. 3. Pre-Discovery Disclosures. The information required by Rule 26(a)(1) FRCP and Rule 7026 FRBP (check one) [ ] has been exchanged; [ ] will be exchanged by ________________________ (date). 4. Discovery Plan. The parties jointly propose to the Court the following discovery plan: a. All discovery will be completed by ____________________________________________ (date). [If applicable] Discovery on _________________________________________________________ _________________________________________________________________________________ (identify any issues requiring early discovery) will be completed by ______________________ (date). Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com Page 2 of 2 b. Discovery limits: i. Maximum of ______ depositions by plaintiff(s) and ______ by defendant(s) (ordinarily 3) [or ______ by each plaintiff and ______ by each defendant]. ii. Other: (Describe) ____________________________________________________________ _____________________________________________________________________________ 5. Dispositive Motions. All potentially dispositive motions should be filed by ________________________ (date) [not to be brought before the Rule 16 Conference is completed by the Court]. 6. Settlement: [ ] is likely. [ ] is unlikely. [ ] cannot be evaluated prior to __________________________________ (date). [ ] the parties consent to the Court's active participation in settlement discussions. 7. Trial. The case should be ready for trial by ________________________________ (date) and should take ______ day(s). 8. All parties [ ] consent/ [ ] do not consent to this Court entering final judgment. _____________________________________ Plaintiff's Counsel Date _______________________________________ Defendant's Counsel Date _____________________________________ Plaintiff's Counsel Date _______________________________________ Defendant's Counsel Date American LegalNet, Inc. www.FormsWorkFlow.com