Ky. Sup. Ct. Order 2023-15 BCR 4.3

The parties shall jointly file a Case Management Report no later than the

fifteenth day after the Case Management Meeting. The parties may use the

Case Management Report template attached to this Order as Appendix 1.

Counsel for the first named plaintiff is responsible for circulating an initial

draft of the report to other counsel for the parties, for incorporating into the

report the views of all other counsel, and for finalizing and filing the report. The

report shall include the following topics:

a) Brief Summary of the Case. Each party (or group of parties

represented by common counsel) shall summarize the dispute with a brief

statement not to exceed 250 words (or 500 words if submitted jointly).

b) Initial motions. The report should list whether any party plans to

file any early stage motions, a motion to dismiss, or any other early-stage

motion. The party that plans to file the motion may provide a short explanation

of the basis for the motion. That party should also list the projected date on

which it plans to file the motion. The report should also discuss whether the

parties have agreed on any deadlines for amending the pleadings or adding

parties and the impact of those deadlines on the case.

c) Discovery. The parties should summarize their agreement and/or

competing proposals for discovery. The report should cover at least the

following topics:

i. an agreed date for the exchange of Initial Disclosure of

information of each party as set out in BCR 5.10;

ii. a proposed discovery schedule;

iii. an electronically stored information protocol;

iv. limits on written discovery and depositions;

v. any agreements related to privilege logs;

vi. any agreements under CR 26.05(c) regarding the duty to

supplement responses;

vii. any agreement about the effects of the inadvertent waiver of

attorney-client privilege or attorney work-product; and

viii. expert discovery.

One or more parties may ask the Court in the report to postpone the obligation

to serve Initial Disclosures or create a discovery schedule until after the Court

decides any initial motions, including but not limited to, motions to dismiss.

Parties may also ask the Court to waive the obligation to serve Initial

Disclosures.

d. Confidentiality. The report should indicate which parties, if any,

anticipate the need for a confidentiality/protective order. If the parties agree

that a confidentiality/protective order should be entered but do not agree on

the terms of that proposed order, the report should explain the nature of the

disagreement and any specific language in dispute. See BCR 5.7.

e. Mediation. The report must explain whether the parties agree to

early mediation and any agreements to facilitate an early mediation. Counsel

for the parties are encouraged to discuss with their client(s) the cost of

litigation and the potential cost savings that may be realized by an early

mediation. Additionally, the report must include a deadline for mediation (or

competing proposals) and the name of any agreed-upon mediator.

f. Special Circumstances.

i. Class allegations. If the complaint or subsequent pleading

includes class action allegations, then the report should

summarize the parties’ agreement and/or competing

proposals for the timing, nature, and extent of class

certification discovery, how and/or whether class and merits

discovery should be bifurcated or sequenced, and a proposed

deadline for the plaintiff(s) to move for class certification. If

multiple related class actions are pending, the parties must

report their views on special efforts that should be undertaken

and the time for doing so, such as the appointment of lead

counsel, consolidation, or coordination with proceedings in

other jurisdictions.

ii. Derivative claims. If the complaint or subsequent pleading

includes derivative claims, then the report should summarize

the parties’ positions on whether proper demand was made.

The report should also describe any agreement and/or

competing proposals on any special committee investigation,

any stay of proceedings, or other issues regarding the

derivative claims.

iii. Related proceedings. If there are multiple related proceedings,

then the parties should state their views on what efforts,

including but not limited to consolidation or shared discovery,

should be undertaken.

g. Special Master/Referee. The report should identify any matter(s)

that might be appropriate for reference to a special master or referee. The

parties are specifically encouraged to think creatively about how the use of a

referee might expedite the resolution of the case

h. Other Matters. The report should identify and discuss any other

matters significant to case management.