Opinion
CIVIL ACTION No. 00-2510-KHV
May 2, 2001
ORDER
Upon the oral request of the parties, and for good cause shown, the phone scheduling conference previously set for May 2, 2001 is hereby re-scheduled for June 21, 2001 at 9:00 a.m., to be initiated by the office of the U.S. Magistrate Judge. All pro se parties and attorneys who have entered an appearance in accordance with D.Kan. Rule 5.1(d) shall be available for the telephone conference call j at the telephone numbers listed in the pleadings.
The parties shall file any motion to amend the pleadings out of time and/or to add additional parties out of time by May 9, 2001.
Pursuant to Fed.R.Civ.P. 26(f), the parties, in person and/or through counsel, no later than June 7, 2001 , shall meet to discuss the nature and basis of their claims and defenses, to discuss the use of mediation or other methods of alternative dispute resolution, to develop a proposed discovery plan, and to make or arrange for the disclosures required by Fed.R.Civ.P. 26(a)(1). Prior to the Rule 26(f) Planning Meeting, counsel shall have conferred with their clients to discuss these issues and the benefits of mediation or other methods of alternative dispute resolution. Absent exceptional circumstances, the
Court expects that all civil cases will utilize some form of alternative dispute resolution within 90 days of the scheduling conference. The parties and counsel should select the particular process to be pursued and the person who will conduct the process, i.e. a mediator or other neutral.
No later than June 14, 2001 , plaintiff shall submit to the undersigned judge a completed Report of Parties' Planning Meeting. The Report shall follow the Modified Form 35 attached to the January 19, 2001 Initial Order Regarding Scheduling (doc. 10).
In addition to matters covered in Rule 16(b) and (c) of the Federal Rules of Civil Procedure, the parties shall be prepared to discuss the following matters at the scheduling conference:
1. The items listed in the report of the parties' planning meeting.
2. Whether a limited amount of discovery would enable the parties to present substantive issues for the Court's resolution that would narrow the scope of remaining discovery.
3. Whether potential dispositive motions could be presented for the Court's determination at the earliest appropriate opportunity.
4. Whether documents should be exchanged without formal discovery requests to facilitate settlement.
5. Whether any issues should be bifurcated.
6. All potentially dispositive issues.
7. The setting of a definite date for the final pretrial conference and trial.
Except when particularly complicated or simple, cases are usually set on a calendar for trial within twelve to fourteen months from the date of filing. Pursuant to D. Kan. Rule 26.1, discovery in civil cases (other than patent infringement and antitrust cases) shall be completed within four months of the date of the scheduling order. The dispositive motion deadline is usually set three to four months before the trial date to allow the Court time to consider any such motions before the parties begin their final trial preparation. The final pretrial conference will usually be scheduled approximately two weeks after the close of discovery and approximately two weeks before the dispositive motion deadline.
Parties who are not represented by counsel must familiarize themselves with the Federal Rules of Civil Procedure and the Rules of Practice and Procedure for this Court.
The Court appreciates the cooperation and diligent efforts which will secure a just and speedy determination of the issues in this matter. If you have questions, please call the deputy clerk, Lori Lopez, at 913/551-5405.
IT IS SO ORDERED.
JUDGMENT IN A CIVIL CASE
Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.
IT IS ORDERED AND ADJUDGED
that the Clerk of the Court enter judgment in favor of plaintiff in the amount of $23,800.