DISTRICT OF MINNESOTA
Plaintiff
Plaintiff,
v.
Defendant,
Defendant. / Civ. No. XX-XXX(XXX/BRT)
RULE 26(f) REPORT
ERISA TEMPLATE
The parties/counsel identified below conferred as required by Fed. R. Civ. P. 26(f) and the Local Rules, on ______, and prepared the following report.
The initial pretrial conference required under Fed. R. Civ. P. 16 and LR 16.2is scheduled for ______, 20____, before the United States Magistrate Judge Becky R. Thorson in Courtroom 6A of the U.S. Courthouse in, St. Paul, Minnesota.
(a)Description of the Case.
(1)Concise factual summary of plaintiff’s claims:
(2)Concise factual summary of defendant’s claims/defenses:
(3)Statement of jurisdiction (including statutory citations):
(4) Summary of factual stipulations or agreements:
(5)Statement as to whether the parties agree to resolve the matter under the Rules of Procedure for Expedited Trials of the United States District Court, District of Minnesota, if applicable:
(b)Pleadings.
Statement as to whether all process has been served, all pleadings filed, and any plan for any party to amend pleadings or add additional parties to the action:
(c) Discovery Schedule/Limitations.
Discovery is allowed in ERISA disability cases only if the parties agree or upon Court Order.
(1) At this time, the parties agree/disagree that expert discovery is not applicable.
(2)At this time, the parties agree/disagree that no discovery other than the Defendant’s claim file relating to Plaintiff’s claim for long term disability benefits will be sought.
(3)Defendant will provide a complete file by ______.
(4)Plaintiff will review and verify the completeness of the file by ______.
(5)By ______, the parties will stipulate that the file shall constitute the factual record on which cross-motions for summary judgment will then be prepared, filed, and argued.
(6)If the parties agree to any additional discovery, including any expert discovery, they shall inform the Court of their specific proposals before ______.
(7)If the parties disagree about any additional discovery, they shall meet and confer and contact Melissa Kruger, Courtroom Deputy/Judicial Assistant to Magistrate Judge Thorson, at 651-848-1210 to schedule a telephone conference with the Magistrate Judge to take place prior to ______, 2017.
(d)Proposed Motion Schedule.
The parties propose the following deadlines for filing motions:
(1)Motions seeking to join other parties must be filed and served by ______.
(2)Motions seeking to amend the pleadings must be filed and served by ______.
(3)All non-dispositive motions must be filed and served by ______.
(4)All dispositive motions must be filed and served by [insert DJ preferences].
(e) Trial-Ready Date.
The case will be ready for a bench trial on or after______. The anticipated length of the bench trial is ______days.
(f)Insurance Carriers/Indemnitors.
List all insurance carriers/indemnitors, including limits of coverage of each defendant or statement that the defendant is self-insured.
(g)Settlement.
(1) The plaintiff has/has not made a written demand for settlement.
(2)The defendant has/has not/not applicable made a written response/offer to the Plaintiff’s demand.
(3)The parties believe that a settlement conference is appropriate and should be scheduled by the Court before ______.
(4)The parties have discussed whether alternative dispute resolution (ADR) will be helpful to the resolution of this case and recommend the following to the Court:
(h)Trial by Magistrate Judge.
The parties [have/have not] agreed to consent to jurisdiction by the Magistrate Judge under 28 U.S.C. §636(c). (If the parties agree to consent, file the consent with the Rule 26(f) Report.)
DATE: ______/ ______Plaintiff’s Counsel
License #
Address
Phone #
DATE: ______/ ______
Defendant’s Counsel
License #
Address
Phone #
1
Template date Dec. 2017