IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

DALE D. PIERSON, )

Plaintiff, )

) Case No. 2:16-CV-449

v. ) 

) Hon. James T. Moody

NATIONAL INSTITUTE FOR LABOR ) 

RELATIONS RESEARCH and STAN GREER, ) Magistrate John E. Martin

Defendants. ) 

REPORT OF PARTIES’ PLANNING MEETING

1. In accordance with Fed. R. Civ. P. 26(f), the parties conferred via electronic mail by:

a. Kenneth B. Elwood and Christopher D. Stidham for Plaintiff.

b. Paul Bozych and Jack Murphy for Defendants.

2. Jurisdiction. The court has jurisdiction under 28 U.S.C. § 1332. The parties agree that 

Plaintiff is a resident of Illinois and Defendant National Institute for Labor Relations 

Research has its principal office in Virginia and Defendant Stan Greer is a resident of 

Virginia. The parties further agree the amount in controversy exceeds $75,000.00.

3. Pre-Discovery Disclosures. The parties agree to exchange all information pursuant to 

Rule 26(a)(1) on or before May 18, 2018.

4. Discovery Plan. The parties jointly propose to the Court the following discovery plan:

a. Subject and Nature of Discovery by Plaintiff

i. Defendants’ bases supporting statements made which are the subject 

of Plaintiff’s Complaint.

ii. Nature and reach of Defendants’ website, publications, emails, 

newsletters, message boards or similar regarding Plaintiff.

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iii. Identities of employees, agents, volunteers or similar of Defendant 

National Institute for Labor Relations Research, or any related entities,

involved in alleged defamation at issue. 

iv. Documents authored by Defendants regarding Plaintiff.

v. Identities of any individuals to whom Defendants have spoken about 

Plaintiff.

vi. Information related to the financial condition of Defendants.

b. Subject and Nature of Discovery by Defendant

i. Damages allegedly suffered by the Plaintiff.

ii. Plaintiff’s work history.

iii. Professional experience of Plaintiff regarding Right to Work laws and 

“minority or members only representation” in the union context.

iv. Communications or documents (as defined under FRCP 34) from 

Plaintiff regarding the posting at issue and party defendants.

v. Communications or documents (as defined under FRCP 34) to 

Plaintiff from third persons/parties regarding the post at issue and 

party defendants.

vi. Plaintiff’s role, if any, in the 2007 Petition. See Doc. No. 7-3.

vii. Communications, statements, publications or documents (as defined 

under FRCP 34) made by Plaintiff regarding NILRR, Stan Greer or 

proponents of Right to Work laws.

viii. Any issues involving allegations in the complaint and affirmative 

defenses. 

c. Electronically Stored Information (“ESI”)

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i. Disclosure or discovery of electronically stored information should be 

handled as follows: The parties have conferred regarding discovery of 

ESI and acknowledge their obligations to take reasonable and 

proportionate steps for preserving relevant and discoverable ESI 

within their possession, custody or control. The parties have agreed 

that the scope of ESI initially shall be limited to relevant and 

discoverable copy (or in PDF format). Any party may then request that 

the materials be produced in their native format. If the ESI is not 

reasonably usable or obtainable in its native format, or to the extent 

any objection is made to another format requested, the parties shall 

confer in an attempt to determine a mutually acceptable alternative 

format.

d. Discovery Schedule

i. Fact discovery shall commence on May 3, 2018 and be served no later 

than December 31, 2018. 

e. Discovery Limits

i. Maximum of 25 interrogatories by each party to any other party.

ii. Maximum of 25 requests for admission by each party to any other 

party (not counting requests that relate to the authenticity of a 

document).

iii. Maximum of 8 depositions by Plaintiff and 3 by Defendants.

Defendant does not agree that 8 depositions will be necessary. 

iv. Each deposition limited to maximum of 7 hours (not including breaks) 

unless extended by agreement of the parties.

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v. The filing of reports from retained experts under Rules 26(a)(2) due 

from Plaintiff by December 1, 2018 and from Defendants by 

December 15, 2018

vi. Supplementations under Rules 26(e) are due “in a timely manner if the 

party learns that in some material respect the disclosure or response is 

incomplete or incorrect, and if the additional or corrective information 

has not otherwise been made known to the other parties during the 

discovery process or in writing.” Fed. R. Civ. P. 26(e)(1)(A).

5. Other Items

a. The deadline for adding parties is July 31, 2018.

b. The deadline for amended pleadings is July 31, 2018.

c. The last date for the filing of all potentially dispositive motions will be 

governed by separate order.

d. At this time, a jury trial is expected to take approximately one (1) week.

6. Alternative Dispute Resolution. 

Date: April 27, 2018

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Respectfully submitted,

By: _/s/ Kenneth B. Elwood 

Kenneth B. Elwood, Atty No: 17937-45

By: _/s/ Christopher D. Stidham 

Christopher D. Stidham, Atty No: 34213-64

Counsel for Plaintiff

3200 Willowcreek Road

Portage, IN 46368

Phone: (219) 762-0494

Fax: (219) 762-4047

E-mail: chrisstidham@rhameandelwood.com

By: /s/ Paul Bozych______________

Paul Bozych 

By: /s/ John J. Murphy__________________

John J. Murphy 

Paul Bozych

John J. Murphy

NIELSEN, ZEHE & ANTAS, P.C.

55 West Monroe – Suite 1800

Chicago, Illinois 60603

312.734.1005 (direct)

312.322.9977 (fax)

pbozych@nzalaw.com

Jmurphy@nzalaw.com

Attorneys for Defendants NILRR and Greer 

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