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ORDER REGARDING INITIAL
DISCLOSURES, JOINT STATUS REPORT, AND EARLY SETTLEMENT - 1 1
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151617181920212223UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
AFFILIATED FM INSURANCE
COMPANY,
Plaintiff,
v.
AXCELIS TECHNOLOGIES , INC, et al.,
Defendants. CASE NO. 2:19-cv-01966-RAJ-BAT
ORDER REGARDING INITIAL
DISCLOSURES, JOINT STATUS REPORT, AND EARLY SETTLEMENT
I. INITIAL SCHEDULING DATES
The Court sets the following dates for initial di sclosure and submission of the Joint Status
Report and Discovery Plan:
Deadline for FRCP 26(f) Conference: 2/7/2020
Initial Disclosures Pursuant to FRCP 26(a)(1): 2/21/2020
Combined Joint Status Report and Discovery
Plan as Required by FRCP 26(f) and Local Civil Rule 26(f): 3/6/2020
The deadlines above may be extended only by th e Court. Any request for an extension
should be made by e-mail to Andy Quach, Courtroom Deputy, at [email protected] . The parties are directed to m eet and confer before contacting
the court to request an extension.
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151617181920212223If this case involves claims which are exempt from the requirements of FRCP 26(a) and
26(f), please notify Andy Quach, Courtroom Deputy, at [email protected] .
II. JOINT STATUS REPORT & DISCOVERY PLAN
All parties are directed to confer and provi de the Court with a combined Joint Status
Report and Discovery Plan (the “Report”) by March 6, 2020 . This conference shall be a face-to-
face meeting or a telephonic conference. The Cour t will use the Report to determine if a Fed. R.
Civ. P. 16 conference would be helpful and to se t a schedule for the pr ompt completion of the
case. The report must contain the following information by correspondin g paragraph numbers:
1. A statement of the nature and complexity of the case. 2. A proposed deadline for joining additional parties. 3. A discovery plan that states, by corres ponding paragraph letters (A, B, etc.), the
parties’ proposals on all items set forth in Fed. R. Civ. P. 26(f)(3), including the following topics:
(A) initial disclosures;
(B) subjects, timing, and potential phasing of discovery;
(C) electronically stored information; (D) privilege issues; (E) proposed limitations on discovery; and (F) the need for any discovery related orders. 4. The parties’ views, proposals, and ag reements, by corresponding paragraph letters
(A, B, etc.), on all items set forth in Local Ci vil Rule 26(f)(1), whic h includes the following
topics:
(A) prompt case resolution; (B) alternative dispute resolution;
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151617181920212223 (C) related cases;
(D) discovery management; (E) anticipated discovery sought; (F) phasing motions; (G) preservation of discoverable information; (H) privilege issues; (I) Model Protocol for Discovery of ESI; and (J) alternatives to Model Protocol. 5. The date by which discovery can be completed. 6. Whether the case should be bifurcated by trying the liability issues before the
damages issues or bifurc ated in any other way.
7. Whether the pretrial statements and pret rial order called for by Local Civil Rules
16(e), (h), (i), and (k), and 16.1 should be dispensed with in whol e or in part for the sake of
economy.
8. Whether the parties intend to utilize the Individualized Trial Program set forth in
Local Civil Rule 39.2 or any ADR options set forth in Local Civil Rule 39.1.
9. Any other suggestions for shortening or simplifying the case. 10. The date the case will be ready for trial. The Court expects that most civil cases
will be ready for trial within a year after f iling the Joint Status Report and Discovery Plan.
11. Whether the trial will be jury or non-jury. 12. The number of trial days required. 13. The names, addresses, and tele phone numbers of a ll trial counsel.
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15161718192021222314. The dates on which trial counsel may ha ve complications to be considered in
setting a trial date.
15. Whether any party wishes a scheduling conference before th e Court enters a
scheduling order in the case.
16. List the date(s) that e ach and every nongovernmental corporate party filed its
disclosure statement pursuant to Fed. R. Civ. P. 7.1 and Local Civil Rule 7.1.
If the parties are unable to agree on any part of the Report, they may answer in separate
paragraphs. No separate reports are to be filed. If the parties wish to have a status conference
with the Court at any time during the pendency of this action, they s hould notify Andy Quach,
Courtroom Deputy, at [email protected] .
III. PLAINTIFF'S RESPONSIBILITY
Plaintiff’s counsel is responsible for st arting the communications with defendant’s
counsel needed to comply with this Order.
IV. JUDGE SPECIFIC PROCEDURAL INFORMATION
All counsel and unrepresented parties should review Judge Tsuchida’s web page for
procedural information applicable to cases befo re Judge Tsuchida. The judge’s web pages, in
addition to the Local Rules, Electronic Filing Pr ocedures for Civil and Criminal Cases, court
forms, instruction sheets, and General Orde rs, can be found on the Court’s website at
wawd.uscourts.gov .
V. EARLY SETTLEMENT CONS IDERATION AND NOTIFICATION
If settlement is achieved, counsel sha ll immediately notify Andy Quach, Courtroom
Deputy, at [email protected] .
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151617181920212223The parties are responsible for complying with the terms of this Or der. The Court may
impose sanctions on any party who fails to comply fully with this Order.
DATED this 9th day of January, 2020.
A
BRIAN A. TSUCHIDA
Chief United States Magistrate Judge