Diary of a Copyright Infringement Lawsuit – 7 (The Parties’ Meeting and Report)

Soon after the defendant files its Answer to the Complaint, the attorneys for the parties must confer to discuss the case. During the conference, the attorneys must discuss a proposed discovery plan and the possibility of settling the case. They then must prepare a written report as required by Fed. R. Civ. P. 26(f)(3) (also known as a Rule 26(f) Report, Report on Meeting of the Parties, etc.) and file it with the court within 14 days after the conference. For example, see the Joint Rule 26(f) Report filed in UMG Recordings, Inc. v. VEOH Networks, Inc. Most federal courts will hold a “Scheduling Conference” to meet with the attorneys to briefly discuss the case and any special issues, and then set a timetable for discovery, hearings, and trial. Other federal courts issue don’t have a conference but will enter the scheduling order, pursuant to Federal Rule of Civil Procedure 16 (b), after the parties submit their discovery plan. See the Scheduling Order entered by the court in Viacom International Inc. v. YouTube, Inc., where the judge signed the Order proposed by the parties. Next, discovery of the case begins!

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