Case 2:05-cv-02257-KHV-JPO Document 8 Filed 09/09/05 Page 1 of 4
(Rev. 10/8/04)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
GRACELAND COLLEGE CENTER FOR )
PROFESSIONAL DEVELOPMENT AND )
LIFELONG LEARNING, INC., )
)
Plaintiff, )
)
v. ) Case No. 05-2257-KHV
)
MICHAEL F. PRICE, )
)
Defendant. )
INITIAL ORDER REGARDING PLANNING AND SCHEDULING
Pursuant to Fed. R. Civ. P. 16(b), the court hereby sets this case for a scheduling
conference by telephone on October 18, 2005, at 11:00 a.m. The court will initiate the
telephone conference call. All attorneys who have entered an appearance in accordance with
D. Kan. Rule 5.1(d) shall be available for the conference call at the telephone numbers listed
in the pleadings.
Pursuant to Fed. R. Civ. P. 26(f), no later than September 27, 2005, the parties, in
person and/or through counsel, shall confer to discuss the nature and basis of their claims and
defenses, to discuss the use of mediation or other methods of alternative dispute resolution
(ADR), to develop a proposed discovery plan, and to make or arrange for the disclosures
required by Fed. R. Civ. P. 26(a)(1).
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In developing their case management plan, counsel should keep in mind that
electronic information falls within the definition of documents or data compilations in
Fed. R. Civ. P. 26(a)(1)(B) and Fed. R. Civ. P. 34(a). Prior to the Rule 26(f) planning
conference, counsel should carefully investigate their clients information management
systems to determine whether discoverable information exists in electronic form. If such
information exists, counsel should review the Electronic Discovery Guidelines on the courts
website (http://www.ksd.uscourts.gov/attorney/electronicdiscoveryguidelines.pdf).
Prior to the Rule 26(f) planning conference, counsel shall have conferred with their
clients to discuss these issues and the benefits of mediation or other methods of ADR.
Absent exceptional circumstances, the court expects the parties to utilize some form of ADR
within ninety days of the scheduling conference. The parties and counsel should select the
particular ADR process to be pursued and the person who will conduct the process, i.e., a
mediator or other neutral.
By October 11, 2005, plaintiff(s) shall submit a completed report of the parties
planning conference to the undersigned magistrate judge. The report shall follow the report
form that is posted on the courts website (http://www.ksd.uscourts.gov/features/forms). It
shall be submitted electronically in .pdf format as an attachment to an Internet e-mail sent
to [email protected], and shall not be filed with the Clerks Office.
In addition to matters covered in Fed. R. Civ. P. 16(b) and (c), the parties shall be
prepared to discuss the following matters at the scheduling conference:
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1. The items listed in the report of parties planning conference.
2. The extent to which the parties intend to serve disclosures and discovery
electronically, as permitted by D. Kan. Rules 5.4.2 and 26.3.
3. Whether a limited amount of discovery would enable the parties to present
substantive issues for the courts resolution that would narrow the scope of
remaining discovery.
4. Whether potential dispositive motions could be presented for the courts
determination at the earliest appropriate opportunity.
5. Whether documents should be exchanged without formal discovery requests in
order to facilitate settlement, to avoid unnecessary expense, etc.
6. Whether any issues should be bifurcated.
7. All potentially dispositive issues.
8. The setting of definite dates for the final pretrial conference and trial.
9. Consent to trial before a U.S. Magistrate Judge, either at this time or as a backup
if the assigned U.S. District Judge determines that his or her schedule is unable
to accommodate the scheduled trial date. The parties should note that magistrate
judges may preside over jury trials. Withholding consent will have no adverse
substantive consequences but may delay the trial of the case.
Except when particularly complicated or simple, cases usually are set on a calendar
for trial within twelve to fourteen months from the date of filing. Pursuant to D. Kan. Rule
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26.1, discovery in civil cases (other than patent infringement and antitrust cases) should be
completed within four months of the filing of the scheduling order, unless the court, for good
cause shown, establishes a longer or shorter period for the completion of discovery. The
dispositive motion deadline is usually set four to six 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.
The court appreciates the cooperation and diligent efforts which will secure a just and
speedy determination of the issues in this case. If you have questions, please e-mail Kathy
Grant, at [email protected].
IT IS SO ORDERED.
Dated this 9th day of September, 2005, at Kansas City, Kansas.
s/ James P. OHara
James P. OHara
U.S. Magistrate Judge
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