UNITED STATES DISTRICT COURT

FOR TIIE MIDDLE DISTRICT OF ALABAMA

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