Ky. Bus. Ct. Doc. R. Prac. BCR 5 app 1

As amended through June 24, 2024

Appendix 1 - Business Court Docket Rules of Practice

ABC CORPORATION, Plaintiff

CASE MANAGEMENT v. REPORT TEMPLATE

XYZ CORPORATION, Defendant

The undersigned counsel participated in a Case Management Meeting on [INSERT DATE] and submit this report on [INSERT DATE] as required by Jefferson County Business Court Docket Rules of Practice BCR 4.3.

d.Brief Summary of the Case. Each party (or group of parties represented by common counsel) shall summarize the dispute with a brief statement not to exceed 250 words (or 500 words if submitted jointly).

e.Initial motions. This section of the report should list whether any party plans to file a motion for emergency relief, a motion to dismiss, or any other early-stage motion. The party that plans to file the motion may provide a short explanation of the basis for the motion. That party should also list the projected date on which the motion it plans to file the motion. This section should also discuss whether the parties have agreed on any deadlines for amending the pleadings or adding parties and the impact of those deadlines on the case.

f.Discovery. The parties should summarize their agreement and/or competing proposals for discovery. The section should cover at least the following topics:

i. a proposed discovery schedule;

ii. an electronically stored information protocol;

iii. limits on written discovery and depositions;

iv. any agreements related to privilege logs;

v. any agreement about the effects of the inadvertent waiver of attorney-client privilege or attorney work-product; and

vi. expert discovery. One or more parties may also ask the Court in the report to postpone creating a discovery schedule until after the Court decides any initial motions, including but not limited to, motions to dismiss.

g.Confidentiality. The report should indicate which parties, if any, anticipate the need for a confidentiality/protective order. If the parties agree that a confidentiality/protective order should be entered but do not agree on the terms of that proposed order, the report should explain the nature of the disagreement and any specific language in dispute.

h.Mediation. The report must explain whether the parties agree to early mediation and any agreements to facilitate an early mediation. If the parties do not agree to early mediation, then the report must confirm that counsel have discussed with their client(s) the cost of litigation and the potential cost savings that may be realized by an early mediation. Additionally, the report must include a deadline for mediation (or competing proposals) and the name of an agreed-upon mediator. If the parties do not agree on a mediator, then the report should list each party's choice of mediator.

i.Special Circumstances.

i. Class allegations. If the pleading includes class action allegations, then the report should summarize the parties' agreement and/or competing proposals for the timing, nature, and extent of class certification discovery, how and/or whether class and merits discovery should be bifurcated or sequenced, and a proposed deadline for the plaintiff(s) to move for class certification. If multiple related class actions are pending, the parties must report their views on special efforts that should be undertaken and the time for doing so, such as the appointment of lead counsel, consolidation, or coordination with proceedings in other jurisdictions.

ii. Derivative claims. If the complaint includes derivative claims, then the report should summarize the parties' positions on whether proper demand was made. The report should also describe any agreement and/or competing proposals on any special committee investigation, any stay of proceedings, or other issues regarding the derivative claims.

iii. Related proceedings. If there are multiple related proceedings, then the parties should state their views on what efforts, including but not limited to consolidation or shared discovery, should be undertaken.

g.Special Masters/Referees. The report should identify any matter(s) that might be appropriate for reference to a special master or referee. The parties are specifically encouraged to think creatively about how the use of a referee might expedite the resolution of the case.

h.Other Matters. The report should identify and discuss any other matters significant to case management.

The parties have contacted the Court's administrative staff by telephone as required pursuant to BCR 4.2, and the Case Management Conference is scheduled for ___________ , at ___ _.m.

[INSERT DATE AND SIGNATURE BLOCKS]

Ky. Bus. Ct. Doc. R. Prac. BCR 5 app 1

Adopted by order 2019-13, eff. 1/1/2020.