CARI. D. SEARCY and KIMBERLY ) MCKEEAND, individually and as parent and ) next friend of K.S., a minor, ) Plaintffi, ) ) civil Action No. v' ) t 14-cv-208 ROBERT BENTLEY, individually and in his ) official capacity as Govemor of the State of ) Alabama,'et a1., ) Defendants l JOINT REPORT OF THE PARTIES' PLAI\NING MEETING 1. The following attorneys participated in a Rule 26(f) conference on June 28,2014by telephone: For Plaintiffs: Christine Hernandez and David Kennedy. For Defendants Bentley and Stranee: James Davis. Initial Disclosures. All parties will serve their initial disclosures required by Rule 26(a)(l) of the Federal Rules of Civil Procedure by August 15. 2014. 2. Discovery Plan. The parties anticipate that this case will be resolved on suflrmary judgment and that att'ral will not be needed. They propose the following schedule for submitting cross-motions for summary judgment. (i) Plaintiffs' expert witness disclosures are due Auzust 15. 2014. (ii) Defendants' expert witness disclosures are due Septernber 15. 2014 (iii) Discovery cut-off is October 15. 2014. (iv) Plaintiff s dispositive motion deadline is October 15. 2014. (v) Defendants' oppositions and dispositive motions deadline is November 17.2014. Case 1:14-cv-00208-CG-N Document 32 Filed 07/28/14 Page 1 of 4 (vi) (vii) Plaintiff s reply is due December 1. 2014. Defendants' surreply due Decernber 15. 2014. To identiff and preserve any potential ESI, counsel have alerted their clients to ensure proper protections are in place to prevent deletion of documents potentially relevant to this litigation, to notiff those persons in relevant positions to refrain from destroying ESI that may be relevant to the claims in this litigation, and to ensure no inadvertent deletion of ESI occurs. The parties will produce discoverable ESI in a format and media that is mutually agreeable to the parties, but that at a minimum preserves all accompanying metadata and embedded data. ESI will include, but not be limited to, emails, electronic documents, voicemails, and text or instant messages from all accounts used in both personal and official capacities. The parties are not aware of any discoverable deleted ESI or of any discoverable ESI that is not reasonably accessible at this time. ln the event any privileged information is inadvertently disclosed via any ESI, the parties agree that the privilege is not waived. The parties have agreed to no changes to the standard rules governing limits on interrogatories, requests for admission, depositions, and deposition length and dates for responses. (b) Discovery will be needed on these subjects: The parties do not at this time believe that fact discovery is necessary. There is no dispute conceming the factual findings of the Probate Court in the adoption proceeding addressed in the Complaint, and the Parties' disputes are legal in nature. Discovery will therefore likely be limited to depositions of disclosed expert witnesses, if any. (c) Disclosure and discovery of electronically stored information: (i) (ii) (iii) (iv) J. Other Items: (a) (b) The parties do not request a conference with the Court before entry of a scheduling order. However, if the Court wishes to discuss the matter, the parties welcome the opportunity to address any questions. The final date for Plaintiffs to amend their pleadings or to join parties is Case 1:14-cv-00208-CG-N Document 32 Filed 07/28/14 Page 2 of 4 (c) Seotember 15-2014. The final date for Defendants to amend their pleadings or to join parties is September 15.2014. unless Plaintifffiles an amended complaint within less than 30 dgys of September 15. 2014. in which case each Defendant will have 30 days from the date of zuch filing to amend their pleadings or to join parties. The parties do not view settlement as likely at this time. The parties do not view the use of altemative dispute resolution procedures as beneficial at this time. Respectfully submittd Christine C. Hemandez P. O. Box 66174 Mobile, AL36660 Telephone: (251) 47 9-l 477 christine@.hernandezlaw.comcastbi z.net David G. Kennedy P. O. Box 556 Mobile, AL 36601 Telephone (25 l) 338-9805 david@kennedv lawvers.com (Attomeys for Plaintiff) (d) (e) Iriry k -2sr^ James William Davis, Esq. Laura Elizabeth Howell, Esq. State ofAlabama Office of theAttomey General 501 WashingtonAvenue MontgomeryAl 36130 (Attorneys for the State Defendants, Case 1:14-cv-00208-CG-N Document 32 Filed 07/28/14 Page 3 of 4 Govemor Robert Bentley and Attorney General Luther Strange) Case 1:14-cv-00208-CG-N Document 32 Filed 07/28/14 Page 4 of 4