ILNews

New planning report form now in use in Northern District

Back to TopCommentsE-mailPrintBookmark and Share

FedBarMaley-sigEffective Aug. 14, the Northern District of Indiana has a new form for the “Report of Parties’ Planning Meeting” that is required to be submitted after the parties’ Rule 26(f) planning conference. This new form is to be used going forward.

The new and improved form is the result of work by the magistrate judges and the Local Rules Advisory Committee, with the goal of making the form simpler, consistent with federal and local rules, and reflective of current practices.

As an example of recognizing the realities of modern practice, the form starts off with this statement acknowledging that often times these schedules are worked out among counsel by email, “The parties [held a planning meeting] [conferred via electronic mail] under Fed. R. Civ. P. 26(f) and agreed to this report on __________.”

The new form will be simple and easy for practitioners to use. It is available in Word and Wordperfect format on the court’s website.

Federal rule amendments take effect Dec. 1

This term the Supreme Court of the United States approved amendments to various federal rules. Barring action by Congress blocking the amendments (extraordinarily unlikely), the amendments take effect to cases commenced on or after Dec. 1, and to cases pending as of that date “to the extent just and practicable.”

The key change affecting federal civil practitioners will be a significantly revised Rule 45 on subpoenas. More detailed guidance on the new rule will follow later this year, but the key changes are: (a) the notice requirement to opposing counsel on subpoenas is more prominent; (b) the amendment clarifies that the 100-mile rule indeed applies; (c) the new rule allows transfer of subpoena issues to the court where the matter is pending upon the consent of the person receiving the subpoena, or for extraordinary circumstances; and (d) issuing subpoenas will now show only the caption from the court where the action pends, even if the subpoena is going out of district.

Proposed future rule amendments open for public comment through Feb. 15

The Judicial Conference Advisory Committee on Civil Rules has issued proposed amendments to Rules 1, 4, 6, 16, 26, 30, 31, 33, 34, 36, 37, 55 and 84. The proposals with commentary are available at www.uscourts.gov in the “Rulemaking” section. Most of the proposals stem from discussions and ideas at the so-called 2010 Duke Conference where three main themes were repeatedly stressed: (a) proportionality in discovery; (b) cooperation among lawyers; and (c) early and active judicial case management.

For instance, Rule 4(m)’s 120-day service period would be reduced to 60 days. Rule 26 would be amended to allow early document requests prior to the 26(f) conference. Rule 26 would also be amended to limit the scope of discovery so that it must be proportional to the needs of the case considering the amount in controversy, the importance of the issues at stake in the action, the parties’ resources, the importance of the discovery in resolving the issues and whether the burden or expense of the proposed discovery outweighs its likely benefit. Also, the presumptive limit on number of depositions would be five rather than 10, and the time limit reduced from seven hours to six hours.

Practitioners are encouraged to review the proposals and provide comment to the advisory committee.

Save the date – The annual Federal Civil Practice 3-hour CLE seminar will be Thursday, Dec. 19, from 1:30 – 4:45 p.m. in Indianapolis.

Golf with other attorneys – The 5th Annual Joseph Maley Foundation golf outing is set for Sept. 20 at Eagle Creek Golf Club in Indianapolis. This event is well attended by area attorneys. To register or sponsor, visit www.josephmaley.org.•

__________

John Maley – jmaley@btlaw.com – is a partner with Barnes & Thornburg, LLP, practicing federal and state litigation, employment matters, and appeals.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

ADVERTISEMENT