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IN THE UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

OWEN J. ROGAL, D.D.S., P.C., 

 Plaintiff, 

v. 

SKILSTAF, INC., 

 Defendant. 

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CIVIL ACTION NO. 

3:06-cv-00711-MHT

JOINT REPORT OF PARTIES’ PLANNING MEETING

1. Appearances: Pursuant to Federal Rule of Civil Procedure 26(f), a 

meeting of the parties’ representative was held by telephone on 

October 10, 2006 among Robert E. Cole and Amelia T. Driscoll. 

a. Appearing on behalf of Plaintiff: Robert E. Cole 

b. Appearing on behalf of Defendant: Amelia T. Driscoll 

2. Initial Disclosures: The parties will exchange by November 10, 

2006, the information required by Federal Rule of Civil Procedure 

26(a)(1). 

3. Discovery Plan: The parties jointly propose to the court the following 

discovery plan. 

Defendant objects to producing materials other than those contained in the 

administrative record because this is an ERISA claim under the arbitrary and 

capricious standard of review. Plaintiff wants to reserve the right to some 

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limited discovery. Counsel believe the parties can resolve any discovery 

issues which may arise, including issues concerning the scope of discovery. 

 If discovery is not limited, the following schedule is proposed, unless 

modified by stipulation of the parties: 

a. Depositions: A party may not exceed five (5) non-party, nonexpert witness depositions, with a maximum time limit of seven 

(7) hours per deposition, including the depositions of parties, 

unless such time limit is extended by agreement of the parties. 

b. Interrogatories: Maximum of 30 by each party, with 

responses due within 30 days after service. 

c. Requests for Admission: Maximum of 30 by each party, with 

responses due within 30 days after service. 

d. Requests for Production: Maximum of 30 by each party, with 

responses due within 30 days after service. 

e. Supplementation: Under Federal Rule of Civil Procedure 

26(e), supplementations to responses should be made within 30 

days of learning of the need to supplement; in no event should 

supplementation be made later than May 4, 2007. 

f. Expert Testimony: Unless modified by stipulation of the 

parties, the disclosure of expert witnesses – including a 

complete report under Federal Rule of Civil Procedure 

26(a)(2)(B) from any specially retained or employed expert – 

are due: 

i. From Plaintiff: April 9, 2007 

ii. From Defendant: May 9, 2007 

g. Unless modified by court order for good cause shown, all 

discovery must be commenced in time to be completed by June 

8, 2007. 

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4. Other Items.

a. The parties do not request a conference with the court before 

entry of the scheduling order. 

b. The parties request a pretrial conference on August 13, 2007. 

c. Plaintiff and Defendant should be allowed until December 15, 

2006, 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 evaluated prior to the end of discovery. 

f. Final lists of witnesses and exhibits under Rule 26(a)(3) should 

be due from Plaintiff and Defendant by 45 days before trial. 

g. Parties should have 14 days after service of final lists of 

witnesses and exhibits to list objections under Rule 26(a)(3). 

h. The case should be ready for trial by October 1, 2007, and at 

this time is expected to take approximately 2 days. 

Dated: October 10, 2006 

 s/Robert E. Cole 

Robert E. Cole 

437 Chestnut Street, Suite 218 

Philadelphia, PA 19109 

Telephone: (215) 922-2050 

Fascimile: (215) 922-2006 

recoleesq6@juno.com 

Attorney for Plaintiff 

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 s/Charles A. Stewart III 

Charles A. Stewart III (STE067) 

Bradley Arant Rose & White LLP

The Alabama Center for Commerce 

401 Adams Avenue, Suite 780 

Montgomery, AL 36104 

Telephone: (334) 956-7700 

Facsimile: (334) 956-7701 

cstewart@bradleyarant.com

Amelia T. Driscoll (DRI016) 

Bradley Arant Rose & White LLP

1819 Fifth Avenue North 

Birmingham, AL 35203-2104 

Telephone: (205) 521-8000 

Facsimile: (205) 521-8800 

jchristie@bradleyarant.com

adriscoll@bradleyarant.com

Attorneys for Defendant

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