UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF TEXAS

McALLEN DIVISION

§

Plaintiff(s)	§

§

v.	§	CIVIL ACTION NO. M-_______

§

§

Defendant(s)	§

JOINT DISCOVERY PLAN

UNDER FRCP 26(f)

[Please restate the instruction in bold before furnishing the information.]

1.	State when and in what manner the parties conferred as required by Rule 26(f), and identify the counsel and/or parties who participated in the conference.

2.	List by case number and court any cases related to this one that are pending in any state or federal court and describe how they are related.

3.	Briefly describe what this case is about.

4.	Specify the allegation of federal jurisdiction.

5.	Name the parties who disagree with the jurisdictional allegations and state their reasons.

6.	List anticipated additional parties that should be included, when they can be added, and by which parties desire their inclusion.

7.	List anticipated interventions.

8.	Describe any class-action issues.

9.	State whether each party represents that it has made the initial disclosures required by FRCP 26(a). If not, describe the arrangements that have been made to complete such disclosures.

10.	Describe the discovery plan agreed by the parties by stating:

A.	What changes should be made in the timing, form or requirement for disclosures under Rule 26(a).

B.	When and to whom the plaintiff anticipates it may send interrogatories.

C.	When and to whom the defendant anticipates it may send interrogatories.

D.	Of whom and by when the plaintiff anticipates taking oral depositions.

E.	Of whom and by when the defendant anticipates taking oral depositions.

F.	When the plaintiff (or the party with the burden of proof on an issue) will be able to designate experts and provide the reports required by Rule 26(a)(2)(B), and when the opposing party will be able to designate responsive experts and provide their reports.

G.	List expert depositions the plaintiff (or the party with the burden of proof on an issue) anticipates taking and their anticipated completion date. See Rule 26(a)(2)(B) (expert report).

H.	List expert depositions the opposing party anticipates taking and their anticipated completion date. See Rule 26(a)(2)(B) (expert report).

11.	If the parties are not agreed on a part of the discovery plan, describe the separate views and proposals of each party.

12.	Specify the discovery beyond initial disclosures that has been undertaken to date.

13.	State the date the planned discovery can reasonably be completed.

14.	Describe the possibilities for a prompt settlement or resolution of the case that were discussed in your Rule 26(f) meeting.

15.	Describe what each party has done or agreed to do to bring about a prompt resolution.

16.	From the attorneys' discussion with the client, state the alternative dispute resolution techniques that are reasonably suitable, and state when such a technique may be effectively used in this case.

17.	Magistrate judges may now hear jury and non-jury trials. Indicate the parties' joint position on a trial before a magistrate judge.

18.	State whether a jury demand has been made and if it was made on time.

19.	Specify the number of hours it will take to present the evidence in this case.

20.	List pending motions that could be ruled on at the initial pretrial and scheduling conference.

21.	List other motions pending.

22.	Indicate other matters peculiar to this case, including discovery, that deserve the special attention of the court at the conference.

23.	List the names, bar numbers, addresses and telephone numbers of all counsel.

Counsel for Plaintiff(s)	Date

Counsel for Defendant(s)	Date ã