IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION 

CINCINNATI INSURANCE ) 

COMPANY ) 

 ) 

 Plaintiff, ) 

 ) 

v. ) CV-3:06-CV-733-MHT

 ) 

JOSEPH DONALD PRATHER and ) 

LINDA PRATHER ) 

 Defendants. ) 

 ) 

REPORT OF PARTIES’ PLANNING MEETING 

 COMES NOW, both Plaintiff and Defendants in the referenced matter and pursuant to 

this Honorable Courts Rule 26(f) Federal Rules of Civil Procedure, Order dated September 27, 

2006 and submits this their Report of the Parties Planning Meeting: 

1. Pursuant to FED. R. CIV. P. 26(f), a meeting was held by first a set of 

correspondence between counsel for the Plaintiff and one of the attorney’s for 

Defendants, Stephen D. Heninger during the week of October 9, 2006 and by a 

conference call held on October 16, 2006 with one of Defendants’ attorneys, Stephen 

D. Heninger, to finalize the details of the draft of the Report of the Parties’ Planning 

Meeting. 

2. Pre-discovery disclosures. Parties will exchange on November 17, 2006 the 

information required by FED. R. CIV. P. 26(a)(1). 

3. Discovery Plan. The parties jointly propose to the Court the following discovery 

plan: 

a. PLAINTIFFS:

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Plaintiff will need discovery into the specific details of the car involved in the 

subject incident; the driver of the vehicle involved in the subject single car collision; the 

identities of all passengers; and how the incident specifically occurred, including events 

leading up to and subsequent to the incident. 

 Plaintiffs will also need specific information about the Swaders’ relationship with 

the Prathers. The Plaintiff will need specific information from the Prathers regarding the 

policy of insurance on which the Swaders are making a claim including any and all 

residential, motor vehicle and other information that may be necessary as discovery 

progresses. 

 Plaintiffs will need copies of the insurance application from the Prathers, copies 

of any and all checks, receipts and/or otherwise which evince payments to any entity for 

the procurement of the insurance policy on which the Swaders are making a purported 

claim. 

 The Plaintiffs will therefore need access to the Prathers’ bank account records and 

any other type of financial institution records which would evince payment for the policy 

of insurance on which the Swaders are making a purported claim. 

 Plaintiffs need any and all information which the Defendants have to support their 

affirmative defenses. 

DEFENDANTS:

Defendant’s will need specific information regarding the policy made the basis of 

this suit; how it was sold and represented regarding coverage and insured; the facts 

surrounding the denial of the coverage made the basis of this suit and all information 

listed above in the Plaintiff’s section regarding the underlying incident and claim. 

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b. All discovery commenced in time to be completed by August 31, 2007. 

c. Maximum of 100 Interrogatories by each party to any other party. Responses are 

due 30 days after service. 

d. Maximum of 50 Request for Admission by each party to any other party. 

Responses due 30 days after service. 

e. Maximum of 8 depositions by Plaintiff and 8 depositions by Defendants. Each 

deposition including those of the retained expert witnesses is limited to a maximum of 4 

hours unless extended by agreement of the parties. 

f. Reports from retained experts under Rule 26(a)(2) due: from Plaintiff by 

September 28, 2007; from Defendants by October 26, 2007. 

g. Supplementations under Rule 26(e) due no later than December 15, 2006. 

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 Pre-Trial Conference in May of 2008. 

 c. The Plaintiff should be allowed until September of 2007 to join additional parties 

and until September 2007 to amend the pleadings 

d. Defendants should be allowed until August 2007 to join additional parties and 

until August 2007 to amend the pleadings. 

e. All potentially dispositive motions shall be filed no later than February 11, 2007. 

f. Settlement cannot be evaluated prior to the end of discovery. 

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g. Final list of witness and exhibits under Rule 26(a)(3) should be due from Plaintiff by: 

May 12, 2008; from Defendants by May 26, 2008. Parties should have 14 days after 

service of final list of witness and exhibits to list objections under Rule 26(a)(3). 

5. This case should be ready for trial by June 23, 2008 and is expected to take 

approximately 3 days. Date: October 18, 2006 

 RESPECTFULLY SUBMITTED, 

/s/ Stephen D. Heninger /s/ Jennifer T. Dewees

Stephen D. Heninger Jennifer T. Dewees (ASB1265S35J) 

Attorney for Defendants, Joseph Attorney for Plaintiff, Cincinnati Insurance 

D. Prather and Linda Prather Company 

Heninger Garrison Davis, LLC. 2001 Park Place Tower, Suite 911 

P.O. Box 11310 Birmingham, AL 35203 

Birmingham, AL 35202 205-251-9958 

205-326-3336 

stephen@hgdlawfirm.com 

CERTIFICATE OF SERVICE

 I hereby certify that a copy of the above and foregoing has been electronically filed with the 

Clerk of Court using the CM/ECF system which will send notification of such filing to the following 

on this the 18th day of October, 2006: 

Timothy L. Dillard 

Dillard and Associates, LLC 

The Berry Building, Suite 400 

2015 Second Avenue North 

Birmingham, Alabama 35203 

205-251-2823 

dillard&horn@aol.com 

Stephen D. Heninger 

Heninger Garrison Davis, LLC 

P.O. Box 11310 

Birmingham, AL 35202 

205-326-3336 

steph@hgdlawfirm.com 

Steven Bullard 

1405 16th Place 

Valley, AL 36854 

Service by Mail 

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 Respectfully Submitted, 

 

S/Jennifer T. Dewees_____________

 Jennifer T. Dewees, #ASB1265S35J 

 2001 Park Place North 

 Suite 911 

 Birmingham, Alabama 35203 

 (205) 251-9958 

 Jennifer_Dewees@staffdefense.com

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