Jefferson Cir. Ct. Bus. Ct. Docket R. 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. a proposed discovery schedule;

ii. an electronically stored information protocol;

iii. limits on written discovery and depositions;

iv. any agreements related to privilege logs;

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

attorney-client privilege or attorney work-product; and

vi. expert discovery.

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

a discovery schedule until after the Court decides any initial motions, including

but not limited to, motions to dismiss.

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.

i. Other Matters. The report should identify and discuss any other matters

significant to case management.