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Case: 1:13-cv-01297 Document #: 27 Filed: 05/15/13 Page 1 of 3 PageID #:85



No. 13-cv-1297


JOINT RULE 26(f) REPORT AND DISCOVERY PLAN OF THE PARTIES The plaintiff, Robert Almblad, and the defendants, Scotsman Industries, Inc. and Kevin Fink, by their respective counsel and in compliance with Rule 26(f) of the Federal Rules of Civil Procedure, respectfully submit this discovery plan proposing certain dates for the completion of various phases of discovery. 1. Counsel for the parties have conducted multiple timely conferences pursuant to Rule 26(f) and held discussions regarding the nature of the claims and defenses. 2. Counsel discussed the possibility of settlement, and the plaintiff has made an initial settlement demand. Defendants have rejected that demand. 3. Respective counsel discussed the preparation and filing of Initial Disclosures as contemplated by Rule 26(a)(1). On April 9, 2013, the Court has ordered that the parties exchange initial disclosures on or before May 9, 2013. Initial disclosures have been exchanged. 4. Defendants believe that any motions to join additional parties or amend the pleadings must be filed on or before October 1, 2013. Plaintiff proposes a deadline of February 14, 2014. 5. In regard to the proposed discovery scheduling hereinafter set forth, the plaintiff unconditionally agrees to it. 6. The defendants have responded to Plaintiffs Amended Complaint by filing a motion to dismiss. (ECF No. 19.) Defendants will also file a motion to stay discovery until the Court rules upon their dispositive motion. Plaintiff objects to a complete stay of discovery and asks that document production be permitted to proceed. In the event the Court elects not to grant the motion to stay, the defendants agree to the discovery schedule set out below.

Case: 1:13-cv-01297 Document #: 27 Filed: 05/15/13 Page 2 of 3 PageID #:86

7. If discovery proceeds, it is contemplated that the parties shall submit a joint request for protective order regarding discoverable information. 8. With due consideration to the complex nature of the issues, the parties propose that fact discovery be completed by January 15, 2014. 9. Plaintiff will serve his expert disclosures and reports pursuant to FRCP 26(a)(2) on or before March 1, 2014. 10. 2014. 11. Defendants will serve their expert disclosures and reports pursuant to FRCP 26(a)(2) by June 15, 2014. 12. 2014. 13. Dispositive motions will be filed on or before October 30, 2014. Plaintiff will take the depositions of defendants experts on or before August 31, Defendants will take the depositions of plaintiffs experts on or before May 15,

Dated: May 15, 2013

Respectfully submitted,

/s/ Nicholas J. Motherway Nicholas J. Motherway MOTHERWAY & NAPLETON, LLP 100 West Monroe Street, Suite 200 Chicago, IL 60606 Phone: 312-726-2699 Fax: 312-726-6851 Counsel for plaintiff, Robert Almblad

/s/ Matthew B. Mock Matthew B. Mock SCHIFF HARDIN LLP 233 South Wacker Drive, Suite 6600 Chicago, IL 60606 Phone: 312-258-5500 Fax: 312-258-5600 Counsel for defendants, Scotsman Industries Inc. and Kevin Fink

Case: 1:13-cv-01297 Document #: 27 Filed: 05/15/13 Page 3 of 3 PageID #:87

CERTIFICATE OF SERVICE I hereby certify that on May 15, 2013, I electronically filed the foregoing Joint Rule 26(F) Report and Discovery Plan of the Parties, with the Clerk of Court using the CM/ECF system, which will cause an electronic copy to be served on counsel of record, who is listed below: Nicholas J. Motherway Motherway & Napleton, LLP 100 West Monroe St,, Suite 200 Chicago, IL 60603 Phone (312) 726-2699

/s/ Matthew B. Mock