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Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Jan 28 1:00 PM-21CV006832
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IN THE COURT OF COMMON PLEAS FOR FRANKLIN COUNTY, OHIO
CIVIL DIVISION
Dennis, et al.
Plaintiff, Case No. _21-cv-006832
vs. Judge Sheryl K. Munson
STRS Board
Defendant.
RULE 26(F) CONFERENCE REPORT AND
JOINT DISCOVERY PLAN
The Ohio Civ. R. 26(F) conference was held on January 18, 2022.
All counsel or unrepresented parties signing below represent they engaged in a meaningful
attempt to meet and confer on the matters outlined below.
1 CONSENT TO MAGISTRATE JURY TRIAL?
Do all parties consent to trial to a Magistrate and Jury pursuant to Civ. R. 53(C)?
Yes No xX Still Open to Discussion.
INITIAL DISCLOSURES
Have the parties agreed to make initial disclosures?
x Yes. No. The case is exempt under R. 26(B)(3)(b).
If yes, such initial disclosures were already made on December 21, 2021 {or are
Stipulated by all counsel to be made by. J]
VENUE AND JURISDICTION
Are there any contested issues related to venue or jurisdiction?
Yes x No Not certain.
The parties, however, reserve the right to contest venue and jurisdiction based on
any amended pleading.
a If yes, briefly describe the issue:
1
Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Jan 28 1:00 PM-21CV006832
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b. If yes, the parties agree that any motion related to venue or jurisdiction
shall be filed by.
PARTIES AND PLEADINGS
The parties agree that any motion or stipulation to amend the pleadings or join new
parties shall be filed no later than February 28, 2022.
If the case is a class action, the parties agree that the motion for class certification
shall be filed by October 31, 2022.
PRETRIAL MOTIONS
Are early, potentially case dispositive motions likely (i.e. statute of limitations
issue)? If yes, when can the motion(s) realistically be filed? Yes. Defendant filed a
Motion for Partial Judgment on the Pleadings (“Motion”) on January 14, 2022.
Plaintiffs will either file their opposition to the Motion or file an Amended
Complaint on February 28, 2022.
Opposition filed by? Plaintiffs will file their opposition or Amended Complaint by
February 28, 2022. The parties further agree that the Defendant will file any reply
in support of its pre-trial dispositive motion by March 30, 2022.
Request for Oral Argument? X, _—_ Yes. No.
DISCOVERY PROCEDURES
The parties agree that all discovery shall be completed by_February 28, 2023.The
parties agree to schedule their discovery in such a way as to require allresponses to
discovery to be served prior to the cut-off date, and to file any motionsrelating to
discovery within the discovery period unless it is impossible to do so.
Do the parties anticipate the production of electronically stored
information? X___Yes No
If yes, briefly describe the anticipated protocol for such production: The
parties anticipate negotiating and reaching a mutually agreeable ESI
protocol covering standard issues such as production format and metadata
on or before March 30, 2022.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Jan 28 1:00 PM-21CV006832
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Do the parties anticipate disagreements requiring court involvement over
electronically stored information claimed not to be reasonably accessible,
under R. 26(B)(5)? The parties anticipate that such disagreements are
unlikely.
Do the parties intend to seek a protective order or clawback agreement? The
parties are still discussing the need for a protective order or clawback
agreement.
If yes, a proposed order shall be produced to the Court by.
DISPOSITIVE MOTIONS
Any dispositive motions shall be filed by March 31, 2023 :
EXPERT TESTIMONY
a Primary experts identity can be disclosed by December 2, 2022; reports (or
records of healthcare providers) will be produced by December 2, 2022.
Rebuttal experts will be disclosed by January 6, 2023; reports must be
produced by January 6, 2023.
An independent medical examination will probably be requested in this case
Yes X No.
SETTLEMENT
Plaintiff(s) will make an initial settlement demand by_May 1, 2023.
Defendant(s) will respond by June 1, 2023.
The parties will advise the court if they wish to have a court Magistrate conduct a
mediation conference. If they elect to retain a private mediator, they will move
promptly so as not to delay the trial date, or cause unnecessary motion practice or
discovery.
10 RULE 16 PRETRIAL CONFERENCE
Do the parties request a scheduling conference with the court to amend an existing
Case Scheduling Order?
Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Jan 28 1:00 PM-21CV006832
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Yes, parties request a conference take place in chambers
——_. Yes, parties request a conference take place electronically
x No, a Rule 16 conference is not necessary; the court may issue/revise the
Case Scheduling Order after considering this Report.
i. OTHER MATTERS: Any other matters for the Court’s consideration?
Signatures:
Attorney for Plaintiff(s): Attorney for Defendants(s):
/s/Jeffrey S. Goldenberg /s/Karl Bekeny, per written authorization, by
Jeffrey S. Goldenberg
Counsel for Plaintiffs Counsel for Defendant
Bar #0063771 Bar # _0075332
/s/Stephen Imm, per written authorization, by /s/ Scott Stitt, per written authorization, by
Jeffrey S. Goldenberg Jeffrey S. Goldenberg
Counsel for Plaintiffs Counsel for Defendant
Bar #0040068 Bar # 00739043
/s/ James Abram, per written authorization, by /s/Elisabeth Arko, per written authorization, by
Jeffrey S. Goldenberg Jeffrey S. Goldenberg
Counsel for Plaintiffs Counsel for Defendant
Bar #0075968 Bar # 0095895
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Jan 28 1:00 PM-21CV006832 OF781 - M2 IN THE COURT OF COMMON PLEAS FOR FRANKLIN COUNTY, OHIO CIVIL DIVISION Dennis, et al. Plaintiff, Case No. _21-cv-006832 vs. Judge Sheryl K. Munson STRS Board Defendant. RULE 26(F) CONFERENCE REPORT AND JOINT DISCOVERY PLAN The Ohio Civ. R. 26(F) conference was held on January 18, 2022. All counsel or unrepresented parties signing below represent they engaged in a meaningful attempt to meet and confer on the matters outlined below. 1 CONSENT TO MAGISTRATE JURY TRIAL? Do all parties consent to trial to a Magistrate and Jury pursuant to Civ. R. 53(C)? Yes No xX Still Open to Discussion. INITIAL DISCLOSURES Have the parties agreed to make initial disclosures? x Yes. No. The case is exempt under R. 26(B)(3)(b). If yes, such initial disclosures were already made on December 21, 2021 {or are Stipulated by all counsel to be made by. J] VENUE AND JURISDICTION Are there any contested issues related to venue or jurisdiction? Yes x No Not certain. The parties, however, reserve the right to contest venue and jurisdiction based on any amended pleading. a If yes, briefly describe the issue: 1 Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Jan 28 1:00 PM-21CV006832 OF781 - M2 b. If yes, the parties agree that any motion related to venue or jurisdiction shall be filed by. PARTIES AND PLEADINGS The parties agree that any motion or stipulation to amend the pleadings or join new parties shall be filed no later than February 28, 2022. If the case is a class action, the parties agree that the motion for class certification shall be filed by October 31, 2022. PRETRIAL MOTIONS Are early, potentially case dispositive motions likely (i.e. statute of limitations issue)? If yes, when can the motion(s) realistically be filed? Yes. Defendant filed a Motion for Partial Judgment on the Pleadings (“Motion”) on January 14, 2022. Plaintiffs will either file their opposition to the Motion or file an Amended Complaint on February 28, 2022. Opposition filed by? Plaintiffs will file their opposition or Amended Complaint by February 28, 2022. The parties further agree that the Defendant will file any reply in support of its pre-trial dispositive motion by March 30, 2022. Request for Oral Argument? X, _—_ Yes. No. DISCOVERY PROCEDURES The parties agree that all discovery shall be completed by_February 28, 2023.The parties agree to schedule their discovery in such a way as to require allresponses to discovery to be served prior to the cut-off date, and to file any motionsrelating to discovery within the discovery period unless it is impossible to do so. Do the parties anticipate the production of electronically stored information? X___Yes No If yes, briefly describe the anticipated protocol for such production: The parties anticipate negotiating and reaching a mutually agreeable ESI protocol covering standard issues such as production format and metadata on or before March 30, 2022. Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Jan 28 1:00 PM-21CV006832 OF781 - M27 Do the parties anticipate disagreements requiring court involvement over electronically stored information claimed not to be reasonably accessible, under R. 26(B)(5)? The parties anticipate that such disagreements are unlikely. Do the parties intend to seek a protective order or clawback agreement? The parties are still discussing the need for a protective order or clawback agreement. If yes, a proposed order shall be produced to the Court by. DISPOSITIVE MOTIONS Any dispositive motions shall be filed by March 31, 2023 : EXPERT TESTIMONY a Primary experts identity can be disclosed by December 2, 2022; reports (or records of healthcare providers) will be produced by December 2, 2022. Rebuttal experts will be disclosed by January 6, 2023; reports must be produced by January 6, 2023. An independent medical examination will probably be requested in this case Yes X No. SETTLEMENT Plaintiff(s) will make an initial settlement demand by_May 1, 2023. Defendant(s) will respond by June 1, 2023. The parties will advise the court if they wish to have a court Magistrate conduct a mediation conference. If they elect to retain a private mediator, they will move promptly so as not to delay the trial date, or cause unnecessary motion practice or discovery. 10 RULE 16 PRETRIAL CONFERENCE Do the parties request a scheduling conference with the court to amend an existing Case Scheduling Order? Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Jan 28 1:00 PM-21CV006832 OF781 - M28 Yes, parties request a conference take place in chambers ——_. Yes, parties request a conference take place electronically x No, a Rule 16 conference is not necessary; the court may issue/revise the Case Scheduling Order after considering this Report. i. OTHER MATTERS: Any other matters for the Court’s consideration? Signatures: Attorney for Plaintiff(s): Attorney for Defendants(s): /s/Jeffrey S. Goldenberg /s/Karl Bekeny, per written authorization, by Jeffrey S. Goldenberg Counsel for Plaintiffs Counsel for Defendant Bar #0063771 Bar # _0075332 /s/Stephen Imm, per written authorization, by /s/ Scott Stitt, per written authorization, by Jeffrey S. Goldenberg Jeffrey S. Goldenberg Counsel for Plaintiffs Counsel for Defendant Bar #0040068 Bar # 00739043 /s/ James Abram, per written authorization, by /s/Elisabeth Arko, per written authorization, by Jeffrey S. Goldenberg Jeffrey S. Goldenberg Counsel for Plaintiffs Counsel for Defendant Bar #0075968 Bar # 0095895