Jefferson Cir. Ct. Bus. Ct. Docket R. BCR 5.7

a. Public Access to the Court. Parties and counsel should assume

that all documents filed in the Business Court Docket are publicly available

and that restricting public access is appropriate only in limited circumstances

as set forth in this Rule. Parties should limit the materials that they seek to

file under seal and recognize that the party seeking to file and maintain

materials under seal bears the burden of establishing restricted access and the

need for filing under seal.

b. Proposed Orders. A party by motion or with the agreement of all

parties may submit to the Business Court Docket judge a proposed order

governing the designation, production, and use of confidential documents and

information, including how such materials will be filed under seal in the

pending action and recognizing that any materials to be filed under seal must

be hand delivered with clear instructions to the Office of the Circuit Court

Clerk. Before submitting a proposed order to the Business Court Docket judge,

the parties must confer in an effort to agree to all applicable terms of the

proposed order. The entry of a proposed confidentiality or protective order does

not limit the Business Court Docket judge’s power to make further orders

concerning the disclosure of documents produced in discovery, tendered to the

Business Court Docket judge, filed with the Court, or presented at hearing or

trial, including whether and under what circumstances the document will

retain confidential or protected designation.

This Order shall be effective January 1, 2020, and until further Order of

this Court.

Entered this 20th day of November 2019

All sitting; all concur.

____________________________________

CHIEF JUSTICE

Business Court Docket Rules of Practice

Appendix 1

ABC CORPORATION,

Plaintiff

CASE MANAGEMENT

v. REPORT TEMPLATE

XYZ CORPORATION,

Defendant

The undersigned counsel participated in a Case Management Meeting on

[INSERT DATE] and submit this report on [INSERT DATE] as required by

Jefferson County Business Court Docket Rules of Practice BCR 4.3.

d. 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).

e. Initial motions. This section of the report should list whether any party

plans to file a motion for emergency relief, 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 the motion it plans to file the

motion. This section 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.

f. Discovery. The parties should summarize their agreement and/or

competing proposals for discovery. The section 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.

g. 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.

h. Mediation. The report must explain whether the parties agree to early

mediation and any agreements to facilitate an early mediation. If the

parties do not agree to early mediation, then the report must confirm

that counsel have discussed 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 an agreed-upon mediator. If the

parties do not agree on a mediator, then the report should list each

party’s choice of mediator.

i. Special Circumstances.

i. Class allegations. If the 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 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 Masters/Referees. 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.

The parties have contacted the Court’s administrative staff by telephone

as required pursuant to BCR 4.2, and the Case Management Conference is

scheduled for ____________, at ___ _.m.

[INSERT DATE AND SIGNATURE BLOCKS]

Business Court Docket Rules of Practice

Appendix 2

Guidelines for Appointment of Special Master or Discovery Referee

The following guidelines apply in cases where the parties or the court

determine that a special master or discovery referee would assist the efficient

resolution of certain issues under BCR 5.1

Under BCR 4.2(m), the parties are required to consider at the Case

Management Meeting whether a special master or discovery referee may assist

the efficient resolution of certain issues in the case, and if so determined, to

summarize their views in the Case Management Report as required under BCR

4.3(g) (see Appendix 1).

a. Special Master. When considering a Special Master to oversee

portions of the case in accordance with CR 53, the parties should

consider the following:

i. the proposed scope of the Special Master’s authority and

tasks;

ii. the grounds for reference under CR 53.01, including a

statement describing the basis for disagreement if any party

has not joined in or consented to a Special Master;

iii. the name and qualifications of any candidates that the Court

should consider as a Special Master, including whether the

parties consent to each proposed candidate; and

iv. any requests for special authority to be provided under Rule

53.03.

b. Discovery Referee. In addition to, or as an alternative to a Special

Master appointed in accordance with CR 53, counsel are

encouraged to give special consideration to the appointment of a

discovery referee upon the agreement of the parties, particularly in

cases expected to involve large amounts of electronically stored

information or when there may be differing views regarding the use

of keyword searches, utilization of predictive coding, or the shifting

or sharing of costs associated with large-scale or costly discovery.

The parties are encouraged to be creative and flexible in utilizing

discovery referees to avoid unnecessary cost and motion practice

before the Court.

The parties should consider the following regarding the

appointment of a discovery referee:

i. the proposed scope of the discovery referee’s authority,

duties, and powers, including any other issues relevant to

the proposed work of the referee;

ii. the name and qualifications of any candidates that the Court

should consider appointing as a discovery referee, including

whether the parties consent to each proposed candidate;

iii. the proposed compensation of the referee and the source of

that compensation; and

iv. the process to be used to submit the discovery referee’s

findings and/or conclusions to the Court for final decision,

including whether the findings and conclusions of the referee

are binding on the parties, as if issues have been submitted

to binding arbitration, or whether they are subject to further

review of the Court.