III. JOINT PRELIMINARY STATUS REPORT

4. No later than 49 days after defendant’s
answer or plaintiff’s reply to a counterclaim is
served, the parties shall file with the clerk a Joint
Preliminary Status Report, signed by both parties,
setting forth answers to the following questions
(separate views may be set forth on any point on
which the parties cannot agree):
(a) Does the court have jurisdiction over
the action?
(b) Should the case be consolidated with any other case and, if so, why?
(c) Should trial of liability and damages
be bifurcated and, if so, why?
(d) Should further proceedings in the
case be deferred pending consideration of
another case before this court or any other
tribunal and, if so, why?
(e) In cases other than tax refund actions,
will a remand or suspension be sought and, if
so, why and for how long?
(f) Will additional parties be joined? If
so, the parties shall provide a statement
describing such parties, their relationship to
the case, the efforts to effect joinder, and the
schedule proposed to effect joinder.
(g) Does either party intend to file a
motion pursuant to RCFC 12(b), 12(c), or 56
and, if so, what is the schedule for the
intended filing?
(h) What are the relevant factual and
legal issues?
(i) What is the likelihood of settlement?
Is alternative dispute resolution
contemplated?
(j) Do the parties anticipate proceeding
to trial? Does either party, or do the parties
jointly, request expedited trial scheduling and,
if so, why? A request for expedited trial
scheduling is generally appropriate when the
parties anticipate that discovery, if any, can be
completed within a 90-day period, the case
can be tried within 3 days, no dispositive
motion is anticipated, and a bench ruling is
sought. The requested place of trial shall be
stated. Before such a request is made, the
parties shall confer specifically on this
subject.
(k) Are there special issues regarding
electronic case management needs?
(l) Is there other information of which
the court should be aware at this time?
5. If discovery is required, the Joint
Preliminary Status Report shall set forth a
proposed discovery plan, including proposed
deadlines. The parties shall propose a deadline for
fact discovery, for the disclosure of any experts’
reports, and for depositions or other discovery of
experts. See RCFC 26(a)(2) concerning disclosure
of experts and discovery planning.
6. Unless otherwise ordered, the Joint
Preliminary Status Report shall be deferred
indefinitely if on or before the date the Joint
Preliminary Status Report is due a dispositive
motion addressing all issues is filed.