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Advisory Committee on Civil Rules ADVISORY COMMITTEE ON CIVIL RULES Santa Fe, NM October 28-29, 2004 Volume I AGENDA ADVISORY COMMITTEE ON CIVIL RULES OCTOBER 28-29, 2004 1. Report on Judicial Conference Session A. Standing Rules Committee report to Judicial Conference B. Minutes of June 17-18, 2004, Standing Rules Committee meeting C. Pending legislation 2. ACTION - Approving minutes of April 15-16, 2004, committee meeting 3. ACTION- Approving proposed amendment to Rule 5(e) and transmitting it to the Standing Rules Committee for publication on an expedited basis 4. Style Project: A. ACTION - Approving publication of proposed restyled Rules 64 to 86 and Rule 23 B. ACTION - Approving publication of noncontroversial style-substance amendments to Rules 64 to 86 C ACTION - Approving proposed amendments resolving "global issues" and "top-to- bottom" review of the entire set of rules for transmittal to Standing Rules Committee for publication 5 ACTION - Approving proposed new Rule 5 1 and transmitting it to the Standing Rules Committee for publication 6 ACTION - Approving proposed recommendation on sealed settlements 7 Consideration of proposed privacy rule template implementing E-Government Act of 2002 8. Report on proposed projects. A. Rule 62.1 - indicative rulings B. Rule 48 - polling of jury C. Rule 30(b)(6) - limiting use of depositions of corporate officials D. Computing time limits consistent with other sets of rules of procedure E. Considering deleting rules that overlap Evidence Rules 9. Next meetings: Hearings on electronic discovery in January 2005 Meeting in Washington, D C in April 2005 ADVISORY COMMITTEE ON CIVIL RULES October 2004 Chair: Honorable Lee H. Rosenthal Honorable H. Brent McKnight United States District Judge United States District Judge United States District Court United States District Court 11535 Bob Casey United States Courthouse 168 Charles R. Jonas Federal Building Houston, TX 77002-2600 401 West Trade Street Charlotte, NC 28202 Members: Honorable C. Christopher Hagy Honorable Paul J. Kelly, Jr. United States Magistrate Judge United States Circuit Judge United States District Court United States Court of Appeals 1756 Richard B Russell Federal Building 120 South Federal Place and United States Courthouse Santa Fe, NM 87501 75 Spring Street. S.W. Atlanta, GA 30303-3361 Honorable Jose A. Cabranes United States Circuit Judge Honorable Nathan L Hecht United States Court of Appeals Justice, Supreme Court of Texas Richard C. Lee United States Courthouse 201 West 1 4 th Street 141 Church Street Austin, TX 78701 New Haven, CT 06510 Dean John C. Jeffries, Jr. Honorable Shira Ann Scheindlin University of Virginia School of Law United States District Judge 580 Massie Road United States District Court Charlottesville, VA 22903-1789 1050 United States Courthouse 500 Pearl Street Robert C. Heim, Esquire New York, NY 10007-1312 Dechert LLP 4000 Bell Atlantic Tower Honorable Thomas B. Russell 1717 Arch Street United States District Judge Philadelphia, PA 19103-2793 United States District Court 307 Federal Building Frank Cicero, Jr., Esquire 501 Broadway Street Kirkland & Ellis LLP Paducah, KY 42001 200 East Randolph Drive Chicago, IL 60601 Chilton Davis Varner, Esquire King & Spalding LLP 191 Peachtree Street, N.E. Atlanta, GA 30303-1763 October 4, 2004 Projects ADVISORY COMMITTEE ON CIVIL RULES (CONTD.) Daniel C Girard, Esquire Advisors and Consultants: Girard Gibbs & De Bartolomeo LLP 601 California Street, Suite 1400 Professor Richard L. Marcus San Francisco, CA 94108 University of California Hastings College of Law Assistant Attorney General 200 McAllister Street Civil Division (ex officio) San Francisco, CA 94102-4978 Honorable Peter D. Keisler U.S. Department of Justice Professor Thomas D. Rowe, Jr. 950 Pennsylvania Avenue, N.W. Duke University School of Law Washington, DC 20530 813 Howard Street Manna del Rey, CA 90292-5516 Ted Hirt, Assistant Director Federal Programs Branch Secretary: Civil Division U.S. Department of Justice Peter G. McCabe 20 Massachusetts Avenue, N.W. Secretary, Committee on Rules of Room 7106 Practice and Procedure Washington, DC 20530 Washington, DC 20544 Liaison Members: Honorable Sidney A. Fitzwater United States District Judge United States District Court 1520 Earle Cabell Federal Building and United States Courthouse 1100 Commerce Street Dallas, TX 75242-1003 Honorable James D. Walker, Jr. United States Bankruptcy Judge United States Bankruptcy Court 433 Cherry Street Macon, GA 31201-7957 Reporter: Professor Edward H. Cooper University of Michigan Law School 312 Hutchins Hall Ann Arbor, MI 48109-1215 October 4, 2004 Projects JUDICIAL CONFERENCE RULES COMMITTEES Chairs Reporters Honorable David F. Levi Prof Daniel R. Coquillette Chief Judge, United States District Court Boston College Law School United States Courthouse 885 Centre Street 501 1 Street, 14 th Floor Newton Centre, MA 02159 Sacramento, CA 95814 Honorable Samuel A. Alito, Jr. Prof Patrick J. Schiltz United States Circuit Judge University of St. Thomas 357 United States Post Office & Courthouse School of Law 50 Walnut Street 1000 La Salle Avenue, MSL 400 Newark, NJ 07101 Minneapolis, MN 55403-2015 Honorable Thomas S. Zilly Prof Jeffrey W. Moms United States District Judge University of Dayton United States District Court School of Law United States Courthouse 300 College Park 700 Stewart Street, Suite 15229 Dayton, OH 45469-2772 Seattle, WA 98101 Honorable Lee H Rosenthal Prof. Edward H. Cooper United States Distnct Judge University of Michigan United States District Court Law School 11535 Bob Casey U.S. Courthouse 312 Hutchins Hall 515 Rusk Avenue Ann Arbor, MI 48109-1215 Houston, TX 77002-2600 Honorable Susan C. Bucklew Prof David A. Schlueter United States District Judge St. Mary's University United States District Court School of Law United States Courthouse One Camino Santa Maria 801 North Florida Avenue, Suite 1430 San Antonio, TX 78228-8602 Tampa, FL 33602 Honorable Jerry E. Smith Prof Daniel J. Capra United States Circuit Judge Fordham University United States Court of Appeals School of Law 12621 Bob Casey U.S. Courthouse 140 West 62nd Street 515 Rusk Avenue New York, NY 10023 Houston, TX 77002-2698 October 4, 2004 Projects ADVISORY COMMITTEE ON CIVIL RULES SUBCOMMITTEES Subcommittee on Civil Forfeiture/ Subcommittee on Style Settlement Sealing Subcommittee A Judge H. Brent McKnight, Chair Judge Thomas B. Russell, Chair Dean John C. Jeffries, Jr. Judge H. Brent McKnight Robert C. He[m, Esquire Judge C. Christopher Hagy Professor Richard L. Marcus, Consultant Dean John C. Jeffries, Jr. Frank Cicero, Esquire Subcommittee on Class Actions Honorable Peter D. Keisler (Open), Chair Professor Thomas D. Rowe, Jr., Consultant Judge Shira Ann Scheindlin Andrew M. Scherffius, Esquire Subcommittee B Robert C Heim, Esquire Judge Paul J. Kelly, Jr., Chair Judge Shira Ann Scheindlin Subcommittee on Rule 15 and Rule 50 Justice Nathan L. Hecht (Open), Chair Robert C. Heim, Esquire Judge Shira Ann Scheindlin Honorable Peter D. Keisler Judge H. Brent McKnight Professor Richard L. Marcus, Consultant Judge C. Chnrstopher Hagy Frank Cicero, Esquire October 8, 2004 Projects ADVISORY COMMITTEE ON CIVIL RULES Start Date End Date Lee H. Rosenthal D Texas (Southern) Member: 1996 -- Chair Chair: 2003 2006 Jose A. Cabranes C Second Circuit 2004 2007 Frank Cicero, Jr. ESQ Illinois -2003 2006 Daniel C. Girard ESQ California 2004 2007 C Christopher Hagy M Georgia (Northern) 2003 2006 Nathan L. Hecht JUST Texas 2000 2006 Robert C. Heim ESQ Pennsylvania 2002 2005 John C. Jeffries, Jr. ACAD Virginia 1999 2005 Peter D. Keisler* DOJ Washington, DC --- Open Paul J. Kelly, Jr. C Tenth Circuit 2002 2007 H. Brent McKnight D North Carolina (Western) 2001 2007 Thomas B. Russell D Kentucky (Western) 2000 2006 Shira Ann Scheindlin D New York (Southern) 1998 2005 Chilton Davis Varner ESQ Georgia 2004 2007 Edward H. Cooper ACAD Michigan 1992 Open Reporter Principal Staff: John K. Rabiej (202) 502-1820 * Ex-officio Agenda E-18 Rules September 2004 REPORT OF THE JUDICIAL CONFERENCE COMMITTEE ON RULES OF PRACTICE AND PROCEDURE TO THE CHIEF JUSTICE OF THE UNITED STATES AND MEMBERS OF THE JUDICIAL CONFERENCE OF THE UNITED STATES: The Committee on Rules of Practice and Procedure met on June 17-18, 2004 Robert D. McCallum, Associate Attorney General, attended the meeting on behalf of the Deputy Attorney General, James B. Comey All the other members attended. Representing the advisory rules committees were: Judge Samuel A. Alito, chair, and Professor Patrick J Schiltz, reporter, of the Advisory Committee on Appellate Rules; Judge A. Thomas Small, chair, and Professor Jeffrey W. Morris, reporter, of the Advisory Committee on Bankruptcy Rules; Judge Lee H. Rosenthal, chair, and Professor Edward H. Cooper, reporter, of the Advisory Committee on Civil Rules; Judge Edward E. Carmes, chair, and Professor David A Schlueter, reporter, of the Advisory Committee on Criminal Rules; and Judge Jerry E Smith, chair, and Professor Daniel J. Capra, reporter, of the Advisory Committee on Evidence Rules. Participating in the meeting were Peter G. McCabe, the Committee's Secretary, Professor Daniel R. Coquillette, the Committee's reporter; John K. Rabiej, Chief of the Administrative Office's Rules Committee Support Office; James Ishida and Robert P. Deyling, attorney advisors NOTICE NO RECOMMENDATION PRESENTED HEREIN REPRESENTS THE POLICY OF THE JUDICIAL CONFERENCE UNLESS APPROVED BY THE JUDICIAL CONFERENCE ITSELF. considering the amendments to Rule 9036 on an expedited basis along with the proposed amendments
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