joint discovery
zaib said:
Hi Everyone,
Do we have any examples of Joint status report and discovery plan in this thread.We (me & Ausa) have to file on Monday.I just want to be prepared what to expect from the AUSA and what my response should be.
Thanks in advance.
Hi Zaib,
Here is joint discovery that I have gone through with AUSA, you have to contact AUSA atleast 7 days before the joint conference. It is very basic, and just the central idea of the case. Make sure you talk to you AUSA because its joint discovery.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
Plaintiff,
vs.
Alberto R. Gonzales,
Attorney General of the United States;
Michael Chertoff,
Secretary of the Department of Homeland Security;
Emilio Gonzalez, Director,
United States Citizenship and Immigration Services; Sharon A. Hudson,
District Director of US Citizenship and Immigration Services,
Robert S. Mueller,
Director of the Federal Bureau of Investigations.
Defendants.
JOINT DISCOVERY/CASE MANAGEMENT PLAN
1. State when and where the meeting of parties required by Rule 26(f) was held, and identify the counsel who attended for each party.
The meeting was held by telephone conference on August 31, 2006, between the undersigned AUSA and the plaintiff pro se, Faisal Mohammed Qazi.
2. List the cases related to this one that are pending in any state or federal court with the case number and court.
None.
3. Specify the allegation of federal jurisdiction.
8 U.S.C. §1447(b)
4. Name the parties who disagree and the reasons.
Plaintiff asks to remand it back to USCIS with time limit of 30 days to adjudicate the case.
Defendant asks to remand back to USCIS.
5. List anticipated additional parties that should be included, when they can be added, and by whom they are wanted.
None
6. List anticipated interventions.
None.
7. Describe class action issues.
None.
8. State whether each party represents that it has made the initial disclosures required by Rule 26(a). If not, describe the arrangements that have been made to complete the disclosures.
Because the case involves entitlement to citizenship, and relates to review of an administrative record, there are no initial disclosures to be made. See also 26(a)(1)(E)(I) (actions for review on an administrative record exempt from initial disclosure).
9. Describe the proposed agreed discovery plan, including:
A. Responses to all matters raised in Rule 26(f).
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 an by when the plaintiff anticipates taking oral depositions.
E. Of whom and by when the defendant anticipates taking depositions.
F. 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).
G. List expert depositions the opposing party anticipates taking and their anticipated
completion date. See Rule 26(a)(2)(B)(expert report).
Plaintiff expects nominal discovery that may include written interrogatories and request for production of documents. There is no dispute on facts; it is matter of interpretation of law.
10. If the parties are not agreed on a part of the discovery plan, describe the separate views and proposals of each party.
N/A.
11. Specify the discovery beyond initial disclosures that has been undertaken to date.
None.
12. State the date the planned discovery can reasonably be completed.
Plaintiff believes these discovery requests can be completed by December 30, 2006
13. Describe the possibilities for a prompt settlement or resolution of the case that were
described in your Rule 26 meeting.
The parties agree that this case does not lend itself to settlement, as what the plaintiff seeks is to become a U.S. citizen.
14. Describe what each party has done or agreed to do to bring about a prompt resolution.
The defendant has filed a motion to dismiss and remand.
Plaintiff has filed motion of summary judgment.
15. From the attorney's discussion with the client, state the alternative dispute resolution
techniques that are reasonably suitable.
None.
16. Magistrate judges may now hear jury and non-jury trials. Indicate the parties' joint position on a trial before a magistrate judge.
The parties agree to referral to the magistrate.
17. State whether a jury demands was made and whether it was made on time.
No jury demand has been made.
18. Specify the number of hours it will take to present the evidence in this case.
Plaintiff and defendant have no dispute on facts. The issue is purely matter of law.
19. List pending motions that could be ruled on at the initial pretrial and scheduling conference.
Defendant’s Motion to Dismiss and remand.
Plaintiff’s Motion of summary judgment
20. List other motions pending.
None.
21. Indicate other matters peculiar to this case, including discovery that deserve the special attention of the court at the conference.
None.
22. List the names, addresses and telephone number of all counsel.
Michelle Zingaro Your name – plaintiff pro se
Assistant U.S. Attorney. address
Houston, TX 77083
Houston, TX 77208
(713) 567-9512
