Jeff. Cnty. Busi. Ct. Doc. R. Prac. BCR 4.2

As amended through June 8, 2024

Rule BCR 4.2 - Case Management Meeting

Unless otherwise ordered by the Business Court Docket judge, counsel for all parties shall participate in a Case Management Meeting no later than 45 days following the assignment to the Business Court Docket. Counsel for the first named plaintiff is responsible for contacting other counsel and scheduling the meeting. A party may, by motion, request that the Court alter the process or schedule for the Case Management Meeting and Case Management Report. The motion must be supported by good cause, be filed as promptly as possible, and identify the reasons for the requested change. Any response to the motion must be filed within seven days of service of the motion, and no replies are permitted. Prior to the Case Management Meeting, counsel for the parties shall prepare to discuss each of the following items and any other issues deemed appropriate by any party.

a.Initial Motions, including whether certain issues might be presented to the Court for early resolution;

b.Scope of Discovery, including any anticipated travel costs necessary for discovery. Counsel should discuss the factual inquiries necessary for the case, the amount in controversy, limitations on the parties' resources, the burden and expense of the expected discovery compared with its likely benefit, the importance of the issues at stake in the litigation, and the importance of the discovery for the adjudication of the merits of the case.

c.Discovery Topics and Timing, including whether phased discovery is appropriate, length of the discovery period, number of depositions (both fact and expert), and length of depositions and numbers of written discovery requests.

d.Electronically Stored Information, including suggested protocol for efficient and appropriate discovery of electronically stored information, and the following items:

i. the specific sources, location, and estimated volume of electronically stored information;

ii. whether electronically stored information should be searched on a custodian-by-custodian basis and, if so, the identity and number of the custodians whose electronically store information will be searched and the search parameters;

iii. a method for designating documents as confidential;

iv. plans and schedules for any rolling production;

v. deduplication of data;

vi. whether any device(s) need to be forensically examined and, if so, a protocol for the examination(s), including but not limited to mobile devices;

vii. the production format of documents;

viii. the fields of metadata to be produced;

ix. the type of software that will be used to identify potentially responsible electronically stored information; and

x. how data produced will be transmitted to other parties (e.g., in read-only media; segregated by source; encrypted or password protected).

e.Amendments, including a proposed deadline for amending pleadings and adding parties, including whether additional parties are essential to the complete resolution of the case;

f.Expert Witness Reports, including timing for identification of expert witnesses, responses to expert discovery, exchange of expert reports and timing of motions to exclude expert testimony;

g.Dispositive Motions, including proposed briefing schedules;

h.Trial Dates, including anticipated length;

i.Confidentiality/Protective Orders, including terms for designating and filing certain materials under seal (see BCR 5.7 );

j.Choice of Law, including whether any law other than Kentucky law might govern aspects of the case, and, if so, what law and which aspects of the case;

k.Mediation or Alternative Dispute Resolution, including timing, deadlines, possibility of early resolution efforts, and possible mediator(s);

l.Frequency of Case Management Conferences, including beneficial use and scheduling options;

m.Special Master or Referee, including whether matter(s) might be appropriate for an appointment and who may be well suited to serve the role;

n.Party Participation, including whether client attendance at Case Management Conference(s) would be beneficial; and

o.Available Dates for Conducting the Case Management Conference, including when all lead counsel for the parties are available to attend the conference with the Court as required by BCR 4.4.

Counsel for the parties shall contact the Court's administrative staff by telephone to schedule the Case Management Conference before completing the Case Management Meeting. Unless otherwise ordered, discovery shall be held in abeyance until the Case Management Meeting is completed. Any discovery served prior to the Case Management Meeting shall be deemed served on the day following the Case Management Meeting.

Jeff. Cnty. Busi. Ct. Doc. R. Prac. BCR 4.2

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