Consumer protection lawsuits in federal court: part 7 — meeting of the lawyers to create a draft scheduling order


Since the defendant has answered your federal court lawsuit, now we meet with the lawyers for the defendant to pick out proposed deadlines and the schedule for the case so let’s talk about that now.

The lawyers meet by phone or in person to discuss the case In some parts of the country the meeting has to be in person but normally in Alabama we do this by phone. We will reach out to the lawyers and pick a date to speak about the case.

Normally we will go ahead and prepare what is known as a “Report of the parties planning meeting” which lays out the deadlines as well as other required information.

We talk about the amount of discovery, the claims and defenses, and deadlines In our meeting, we go over the case. What is it about? What are the claims? What are the defenses?

Any special concerns or problems?

Then we go over the deadlines and other information in the draft report we sent to the other side.

We put our agreement in writing and file that with the court Everyone makes any edits they have to the report and then that is submitted to the court.

The court is not bound by what we submit but usually accepts it all or most of it when it issues a scheduling order We know what the judges look for and what they like so we normally can do a good job of putting a proposal in front of the judge that will be accepted. We’ll look at the judge’s scheduling order in our next article.

Hope you are enjoying our series on consumer protection lawsuits in federal court.

Give us a call at 205-879-2447 if you have any questions and we’ll be glad to help you any way we can.


John Watts

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