60853.1

IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

STEVE ADAMS, 

Plaintiff, 

v. 

MERCHANTS FOODSERVICE, et al., 

Defendants. 

)

)

)

)

)

)

)

)

)

CIVIL ACTION NO. 

2:06-cv-00707-ID-CSC 

REPORT OF PARTIES’ RULE 26(f) PLANNING MEETING

1. Pursuant to Fed. R. Civ. P. 26(f), a meeting was held by telephone on 

September 27, 2006, and was attended by: 

Derrick Blythe, Esq. - attorney for the plaintiff; and 

J. Tobias Dykes, Esq. - attorney for the defendant Merchant Foodservice. 

2. Pre-discovery Disclosures. The parties will exchange the information 

required by Fed. R. Civ. P. 26(a)(1) by October 13, 2006. 

The parties jointly propose to the Court the following discovery plan: 

Discovery will be needed on plaintiff’s claims, defendant’s affirmative 

defenses, and the damages claimed by the plaintiff. 

All discovery should be commenced in time to be completed by June 29, 

2007. 

Case 2:06-cv-00707-ID-CSC Document 4 Filed 10/03/2006 Page 1 of 4
2 

60853.1

Interrogatories (Responses due 30 days after service) 

Maximum of 30 interrogatories. Plaintiff may submit a total of 30 

interrogatories to defendant, including discrete subparts; and defendant may submit 

a total of 30 interrogatories to plaintiff, including discrete subparts, without prior 

approval of the Court. 

Requests for Production of Documents (Responses due 30 days after service) 

Maximum of 30 requests for production. Plaintiff may submit a total of 3- 

requests for production to defendant, including discrete subparts; and that 

defendant may submit a total of 30 requests for production to plaintiff, including 

discrete subparts, without prior approval of the Court. 

Requests for Admissions (Responses due 30 days after service) 

Maximum of 15 requests for admissions. Plaintiff may submit a total of 15 

requests for admissions to defendant, including discrete subparts; and that 

defendant may submit a total of 15 requests for admissions to plaintiff, including 

discrete subparts, without prior approval of the Court. 

Depositions

Depositions shall be limited to a maximum of seven (7) hours each unless 

extended by agreement of the parties or by direction of the Court. 

Maximum of 8 depositions 

Case 2:06-cv-00707-ID-CSC Document 4 Filed 10/03/2006 Page 2 of 4
3 

60853.1

3. Reports from retained experts under Rule 26(a) (2) due: 

From the plaintiff by March 9, 2007; and 

From the defendant by April 6, 2007. 

Supplementation under Rule 26(e), no later than 30 days before trial. 

4. Other Items: 

a. The parties do not request a conference with the Court prior to the 

entry of the Scheduling Order. 

b. The plaintiff should be allowed until December 1, 2006, to join 

additional parties and to amend the pleadings. 

c. The defendant should be allowed until January 5, 2007, to join 

additional parties and to amend the pleadings. 

d. All potentially dispositive motions should be filed by May 11, 2007. 

e. Settlement cannot be realistically evaluated prior to at least some 

discovery. 

f. The parties request a final pretrial conference on August 17, 2007. 

g. Final lists of trial evidence under Rule 26(a)(3) should be exchanged 

30 days before trial. The parties also agree to a 14-day period within 

which to file their written objections to exhibits and witnesses. 

h. The case should be ready for trial by September 24, 2007, and at this 

time, is expected to take approximately 2-3 days. 

Case 2:06-cv-00707-ID-CSC Document 4 Filed 10/03/2006 Page 3 of 4
4 

60853.1

s/ Derrick Blythe s/ J. Tobias Dykes 

Derrick Blythe (ASB-8223-B58B) 

E-mail: dblythe@earthlink.net

126 Marshall Street 

Alexander City, Alabama 35010 

Phone: (256) 234-4101 

Thomas A. Davis (ASB-5877-S56T) 

E-mail: tdavis@constangy.com

Direct Dial No.: (205) 226-5465 

J. Tobias Dykes (ASB-0483-E66J) 

E-mail: tdykes@constangy.com

Direct Dial No.: (205) 226-5469 

CONSTANGY, BROOKS & SMITH, LLC 

Suite 900, One Federal Place 

1819 Fifth Avenue North 

Birmingham, AL 35203 

Facsimile: (205) 323-7674 

Case 2:06-cv-00707-ID-CSC Document 4 Filed 10/03/2006 Page 4 of 4