Jeff. Cnty. Busi. Ct. Doc. R. Prac. BCR 4.3

As amended through December 19, 2024

Rule BCR 4.3 - Case Management Report

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.

Jeff. Cnty. Busi. Ct. Doc. R. Prac. BCR 4.3

Adopted by order 2019-13, eff. 1/1/2020.