proposed discovery plan in one of my cases before Judge Hanen
Posted on | March 11, 2015 | No Comments
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
DR ORLY TAITZ ESQ §
Plaintiff, §
- § CIVIL ACTION NO. 1:14cv264
SYLVIA BURWELL, SECRETARY §
OF HEALTH AND HUMAN SERVICES §
Defendant. §
JOINT DISCOVERY/CASE MANAGEMENT PLAN
UNDER RULE 26(f) FEDERAL RULES OF CIVIL PROCEDURE
- State where and when the meeting of the parties required by Rule 26 was held and identify counsel who attended for each party.
Answer: The parties exchanged proposed joint discovery/case management plans via email and confirmed changes over the phone on March 11, 2015.
- List the cases related to this one that are pending in any state or federal court with the case number and court.
Answer: Taitz v. Johnson, et al 1:14cv119
- Specify the allegation of federal jurisdiction.
Answer: 5 USC 552.
- Name the parties who disagree and the reasons.
Answer: None
- List anticipated additional parties that should be included, when they can be added and by whom they are wanted.
Answer: None at this time.
- List anticipated interventions.
Answer: None
- Describe class-action issues.
Answer: None
- State whether each party represents that it has made the initial disclosures required by Rule 26(a). If not, describe the arrangements that have been made to complete the disclosures.
Answer: Initial Disclosures to be completed by _____________.
- Describe the proposed agreed discovery plan, including:
- Responses to all the matters raised in Rule 26(f).
Answer: R.26(f) (3)
- Responses to all the matters raised in Rule 26(f).
- When and to whom the plaintiff anticipates it may send interrogatories.
- When and to whom the defendant anticipates it may send interrogatories.
- Of whom and by when the plaintiff anticipates taking oral depositions.
- Of whom and by when the defendant anticipates taking oral depositions.
- When the plaintiff (or the party with the burden of proof on an issue) will be able to
designate experts and provide the reports required by Rule 26(a)(2)(B) and when the
opposing party will be able to designate responsive experts and provide their reports.
- List expert depositions the plaintiff (or the party with the burden of proof on an issue)
anticipates taking and their anticipated completion date. See Rule 26(a)(2)(B) (expert
report).
- When and to whom the plaintiffs anticipate it may send interrogatories.
Answer: Plaintiffs will serve interrogatories on Defendant within 60 days of the date of this Plan.
- When and to whom the defendant anticipates it may send interrogatories.
Answer: Defendant will serve interrogatories on Plaintiffs within 90 days of the date of this plan.
- Of whom and by when the plaintiff anticipates taking oral depositions.
Answer: All fact and expert witnesses identified by Defendant.
- Of whom and by when the defendant anticipates taking oral depositions.
Answer: All fact and expert witnesses identified by Plaintiff and Plaintiff herself.
- When the plaintiff (or the party with the burden of proof on an issue) will be able to designate experts and provide the reports required by Rule 26a(2)(B), and when the opposing party will be able to designate responsive experts and provide their reports.
Answer: September 30, 2015 for Plaintiff and October 30 for Defendant.
- List expert depositions the plaintiff (or the party with the burden of proof on an issue) anticipates taking and their anticipated completion date. See Rule 26(2)(2)(B)(expert report).
Answer: Plaintiffs experts to be deposed by October 30, 2015.
- List expert depositions the opposing party anticipates taking and their anticipated completion date. See Rule 26(a)(2)(B) (expert reports).
Answer: Defendants experts to be deposed by January 30, 2016.
- If the parties are not agreed on a part of the discovery plan, describe the separate views and proposals of each party.
Answer: None
- Specify the discovery beyond initial disclosures that has been undertaken to date.
Answer: None
- State the date the planned discovery can reasonably be completed.
Answer: January 30, 2016
- Describe the possibilities for a prompt settlement or resolution of the case that were discussed in your Rule 26(f) conference.
Answer: The possibilities for prompt resolution are viewed by the parties as fair.
- Describe what each party has done or agreed to do to bring about a prompt resolution.
Answer: Defendant has filed a motion to dismiss the complaint as moot or in the alternative as a request for summary judgment.
- From the attorneys’ discussion with the client, state the alternative dispute resolution techniques that are reasonably suitable and state when such a technique may be effectively used in this case.
Answer: The parties are amenable to mediation of this claim and would consider a Magistrate Judge at a settlement conference.
- Magistrate judges may hear jury and non-jury trials. Indicate the parties’ joint position on a trial before a magistrate judge.
Answer: The parties do not agree on having a Magistrate Judge hear this case.
- State whether a jury demand has been made and if it was made on time.
Answer: This is a bench trial.
- Specify the number of hours it will take to present the evidence in this case.
Answer: 16-24 hours
- List pending motions that could be ruled on at the initial pretrial and scheduling conference.
Answer: Defendant’s motion to dismiss the complaint as moot or in the alternative motion for summary judgment.
- List other pending motions.
Answer: None
- Indicate other matters peculiar to this case, including discovery, which deserve the special attention of the Court at the conference.
Answer: None
- List the names, bar numbers, addresses and telephone numbers of all counsel.
Answer:
Kenneth Magidson
United States Attorney
Lance Duke
Assistant United States Attorney
Texas Bar No. 00798157
Federal Bar No. 21949
800 North Shoreline, Suite 500
Corpus Christi, Texas 78401
(361) 888-3111
(361) 888-3200 (Facsimile)
lance.duke@usdoj.gov (Email)
Attorneys for Defendant, Sylvia Burwell,
Secretary of Health And Human Services
Dr. Orly Taitz
State Bar No. __________
Federal Bar No. __________
29839 Santa Margarita Pkwy, Ste 100
Rancho Santa Margarita, CA 92688
(949) 683-5411
(949) 766-7603 (Facsimile)
orly.taitz@hushmail.com (Email)
Attorney for the Plaintiff
By our signatures below, Counsel represent that each understands that the Court will rely on these representations in entering its scheduling Order.
s/ 3/ /2015
Dr. Orly Taitz Date
Plaintiff
s/ Lance Duke 3/ /2015
Lance Duke Date
Assistant United States Attorney
Counsel for Defendant,
Sylvia Burwell, Secretary of Health
And Human Services
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
DR ORLY TAITZ ESQ §
Plaintiff, §
- § CIVIL ACTION NO. 1:14cv264
SYLVIA BURWELL, SECRETARY §
OF HEALTH AND HUMAN SERVICES §
Defendant. §
PROPOSED SCHEDULING ORDER
- Trial: Estimated time to try: 2– 3 days _XX___Bench
- New parties must be joined by: July 30, 2015
- The plaintiff’s experts will be named with a report furnished by: September 30, 2015
- The defendant’s experts must be named with a reported furnished within 30 days of the deposition of the plaintiff’s expert. October 30, 2015
- Discovery must be completed by: January 30. 2016
Counsel may agree to continue discovery beyond the deadline, but there will be no intervention by the court.
No continuance will be granted because of information acquired in post-deadline discovery.
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