Free Report of Rule 26(f) Planning Meeting - District Court of California - California

Case 3:08-cv-00432-JLS-JMA

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LIT T LE R ME NDE LSO N
A P R O F E S S I ON A L C O RP O R AT I O N 501 W. Broa dwa y Suite 900 Sa n Die go, C A 92101.3577 619. 232. 0441

DAVID P. STRAUSS, Bar No. 096874 THE LAW OFFICE OF DAVID P. STRAUSS 1111 Sixth Avenue, Suite 404 San Diego, CA 92101 Telephone: 619.237.5300 Facsimile: 619.237.5311 E-Mail: [email protected] JOHN S. ADLER, Bar No. 060398 LITTLER MENDELSON A Professional Corporation 501 W. Broadway, Suite 900 San Diego, CA 92101.3577 Telephone: 619.232.0441 Facsimile: 619.232.4302 E-Mail: [email protected] Attorneys for Defendant MAXIM HEALTHCARE SERVICES, INC.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

ASHLEA PARKER, Plaintiff, v. MAXIM HEALTHCARE SERVICES, INC., a Maryland corporation; and DOES 1-50, inclusive, Defendants.

Case No. 08-CV-0432-JLS (JMA) JOINT DISCOVERY PLAN/RULE 26(f) CONFERENCE REPORT

Pursuant to Federal Rules of Civil Procedure 26(f), counsel for the parties met and conferred telephonically on May 22, 2008. David P. Strauss, Esq., participated in the Rule 26(f) conference on behalf of Plaintiff Ashlea Parker, and John S. Adler, Esq., of Littler Mendelson, P.C., participated on behalf of Defendant Maxim Healthcare Services, Inc. The parties hereby submit the following Joint Discovery Plan/Report of Conference pursuant to Federal Rules of Civil Procedure 26(f). //// ////
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Case No. 08-CV-0432-JLS (JMA)

Case 3:08-cv-00432-JLS-JMA

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A P R O F E S S I ON A L C O RP O R AT I O N 501 W. Broa dwa y Suite 900 Sa n Die go, C A 92101.3577 619. 232. 0441

INITIAL DISCLOSURES ­ DISCOVERY The parties have agreed that discovery is needed on all facts alleged concerning both liability and damages on the one cause of action raised in Plaintiff's Complaint, that discovery is needed as to the legal positions set forth in Defendant's Answer, and that discovery may proceed immediately upon approval by the Court. The parties have agreed that with respect to production of electronic data, the parties may initially elect to produce such data in electronic or hard copy form. If issues arise relating to any electronic data, the parties shall meet and confer and seek judicial relief from the magistrate if no agreement is reached. The parties have agreed that, absent court order or other agreement of the parties, discovery should be conducted in accordance with the Federal Rules of Civil Procedure and this Court's Local Rules. The parties plan to conduct the following discovery according to the following schedule:1 Initial Written Discovery Plaintiff's Deposition ­ taken by video by Defendant -- to be examined on all issues concerning liability and damages Depositions Anticipated To Be Taken By Plaintiff a. September ­ December 2008 June 15, 2008 ­ September 15, 2008 September 2008

Any and all percipient witnesses, including those residing out of the State of California,

whose testimony needs to be memorialized. Included within this group are the following: Brian Twigger, Zorka Huffman, Sunny Henderson, Steve Hehnen, Jeremy Vanleeuwen, and Emily Andrzejewski. Plaintiff reserves the right to add or delete names as further information becomes known. Other Depositions Anticipated To Be Taken By Defendant a. September ­ December 2008

Defendant intends on participating and questioning at deposition all persons identified

by Plaintiff in the list above. If Plaintiff does not take any of the depositions noted above, Defendant reserves the right to do so. b. Any and all persons with knowledge of Plaintiff's effort, or lack of effort, to secure

post-termination employment, and the nature and extent of the terms and conditions of all such employment and past, current, and future compensation associated therewith.
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The parties note that this document sets forth their current plan regarding discovery, and reserve the right to take other discovery as additional facts are ascertained and strategies evolve in the future. 2. Case No. 08-CV-0432-JLS (JMA)

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Case 3:08-cv-00432-JLS-JMA

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A P R O F E S S I ON A L C O RP O R AT I O N 501 W. Broa dwa y Suite 900 Sa n Die go, C A 92101.3577 619. 232. 0441

c.

Any and all persons with knowledge of Plaintiff's claims of emotional distress, if any,

including all health care providers, counselors, mental health professionals, and medication custodian of records. d. Any and all percipient witnesses, including those residing out of the State of

California, whose testimony needs to be memorialized. The identity of such witnesses will likely become known following Plaintiff's deposition. Further Written Discovery Further Depositions (If Needed) Expert Depositions PROPOSED DATES FOR SCHEDULING ORDER The parties propose the following pretrial schedule based upon a trial date to be set for September 2009: Simultaneous Initial Expert Witness Designation Rebuttal Expert Witness Designation Discovery Cutoff (Excluding Experts) Mandatory Settlement Conference Expert Report Disclosure ­ Rule 26(a)(2)(B) Supplemental/Rebuttal Expert Witness Reports Discovery Cutoff (Experts) Motion Cutoff Pretrial Disclosures ­ Rule 26(a)(3) Memoranda of Contentions of Fact and Law Local Rule 16.1(f)(4) Meeting Objections to Pretrial Disclosures Proposed Pretrial Conference Order Pretrial Conference March 6, 2009 March 20, 2009 May 15, 2009 May 18, 2009 (or as scheduled by the Court) June 1, 2009 June 15, 2009 June 29, 2009 July 13, 2009 July 24, 2009 July 24, 2009 July 31, 2009 August 7, 2009 August 31, 2009 September 14, 2009 January ­ February 2009 January ­ February 2009 March ­ May 2009

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Case No. 08-CV-0432-JLS (JMA)

Case 3:08-cv-00432-JLS-JMA

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A P R O F E S S I ON A L C O RP O R AT I O N 501 W. Broa dwa y Suite 900 Sa n Die go, C A 92101.3577 619. 232. 0441

SETTLEMENT The parties discussed settlement at the Early Neutral Evaluation Conference, and thereafter, and were unable to resolve the case. TRIAL ESTIMATE The parties estimate the length of the trial to be approximately two weeks.

Dated: June 3, 3008

/s/ David P. Strauss DAVID P. STRAUSS THE LAW OFFICE OF DAVID P. STRAUSS Attorneys for Plaintiff ASHLEA PARKER Dated: June 3, 3008

/s/ John S. Adler JOHN S. ADLER LITTLER MENDELSON A Professional Corporation Attorneys for Defendant MAXIM HEALTHCARE SERVICES, INC.

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Case No. 08-CV-0432-JLS (JMA)

Case 3:08-cv-00432-JLS-JMA

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LIT T LE R ME NDE LSO N
A P R O F E S S I ON A L C O RP O R AT I O N 501 W. Broa dwa y Suite 900 Sa n Die go, C A 92101.3577 619. 232. 0441

Parker v. Maxim Healthcare Services, Inc. U.S. District Court, Southern District of California, Case No. 08-CV-0432-JLS (JMA) PROOF OF SERVICE BY ELECTRONIC MAIL I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is 501 W. Broadway, Suite 900, San Diego, California 92101.3577. On June 3, 2008, I served the within document(s): JOINT DISCOVERY PLAN/RULE 26(f) CONFERENCE REPORT by following the procedures for electronic filing with this Court thereby causing electronic service on the parties listed below:

David P. Strauss, Esq. The Law Office of David P. Strauss 1111 Sixth Avenue, Suite 404 San Diego, CA 92101

Attorneys for Plaintiff ASHLEA PARKER E-Mail: [email protected] Phone: 619.237.5300 Fax: 619.237.5311

I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on June 3, 2008, at San Diego, California.

/s/ Cindy L. Lewis Cindy L. Lewis

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Case No. 08-CV-0432-JLS (JMA)