04/10/2009 21 JOINT REPORT of Rule 26(f) Planning Meeting. (Gegenheimer, Nancy) (Entered: 04/10/2009)
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Doc 21
Extract
JOINT REPORT OF PARTIES AND PROPOSED DISCOVERY PLAN
Pursuant to Fed. R. Civ P. 26(f), and the Court’s Order of March 3, 2009 the parties had a conference call on April 2, 2009 and thereafter exchanged e-mails regarding a discovery plan and scheduling dates. On April 7, 2009 the parties had a lengthy conference call in which defendant James Turek commented on the proposed Joint Report and the parties agreed on various dates. The participants in the call were:
Nancy J. Gegenheimer
Attorneys for Plaintiff
Securities and Exchange Commission
1801 California Street, Suite 1500
Denver, Colorado 80202
Telephone: (303) 844-1000
Facsimile: (303) 844-1010
James Turek
1795 Alysheba Way, #3105
Lexington, KY 40509
jturek@elitemediagroups.com
Telephone: (859) 263-1872
Facsimile: (859) 806-0999
The parties have reached agreement on the dates by which they reasonably believe it will be necessary to complete the following:
a. The parties have discussed and will continue to discuss possibilities for a resolution.
b. The parties views and proposals required by Rule 26(f).
1. The parties agree that disclosures will be completed the week of April 27, 2009.
2. Discovery will be needed as follows:
(i) The parties do not expect to exceed the number of depositions, interrogatories or requests for production allowed by the Federal Rules.
(ii) The parties agree there will be no limit on requests for admission to authenticate documents but other request for admissions will be limited to 20.
(iii) Pretrial discovery will be completed by January 15, 2010.
c. No later than September 15, 2009, the counsel for the parties shall file all motions to join additional parties and to amend the pleadings.
d. No later than November 1, 2009, counsel for the parties shall file all dispositive motions.
e. No later than October 15, 2009, the parties will make expert disclosures required by Rule 26(a)(2), which will be during the pretrial discovery phase of the case.
f. The parties have agreed on a three (3) day trial. Defendant indicated in the planning call that he will demand a jury.
g. The dates that are mutually convenient with the parties to assign this case for trial are: After April 1, 2010.
h. The parties do not desire a scheduling conference before entry of a scheduling order.
i. The parties do not agree that this action may be referred to a United States Magistrate Judge for trial but may be referred for all other proceedings pursuant to 28 U.S.C. § 636(c)
j. This case is not one in which qualified immunity is a defense.
k. This case is not a product liability case
l. This case is not an E.R.I.S.A. case.
Dated: April 10, 2009
Respectfully submitted:
_s/Nancy J. Gegenheimer__
Nancy J. Gegenheimer
Attorneys for Plaintiff
Securities and Exchange Commission
1801 California Street, Suite 1500
Denver, Colorado 80202
Telephone: (303) 844-1000
Facsimile: (303) 844-1010
s/ James Turek_
James Turek
1795 Alysheba Way, #3105
Lexington, KY 40509
jturek@elitemediagroups.com
Telephone: (859) 263-1872
Facsimile: (859) 806-0999 |
