Ky. Sup. Ct. Order 2023-15 BCR 4.2

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 (ESI), including suggested

protocol for efficient and appropriate discovery of ESI, and the following items:

i. the specific sources, location, and estimated volume of ESI;

ii. whether ESI 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. Consistent with

subparagraph (b), above, the discussion should address

whether the plan for ESI discovery is proportional to the

needs of the case;

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

responsive ESI 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 witness reports as

required under BCR 5.9 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.