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Advisory Committee on Civil Rules ADVISORY COMMITTEE ON CIVIL RULES San Antonio, TX April 2-3, 2019 AGENDA Meeting of the Advisory Committee on Civil Rules April 2-3, 2019 San Antonio, TX 1. Opening Business A. Report on the January 2019 Meeting of the Committee on Rules of Practice and Procedure • Draft Minutes of the January 3, 2019 Meeting of the Committee on Rules of Practice and Procedure .....................................................19 B. Report on the March 2019 Session of the Judicial Conference of the United States • March 2019 Report of the Committee on Rules of Practice and Procedure to the Judicial Conference of the United States ..................39 C. Status of Proposed Amendments to the Federal Rules ....................................59 2. ACTION Item: Review and Approval of Minutes • Draft Minutes of the November 1, 2018 Meeting of the Advisory Committee on Civil Rules ................................................................................67 3. Information Item: Legislative Update • Pending Legislation that Would Directly or Effectively Amend the Federal Rules (116th Congress) .......................................................................95 4. ACTION Item: Rule 30(b)(6) A. Subcommittee Report.....................................................................................101 • Alternative 1.......................................................................................105 • Alternative 2.......................................................................................107 B. Supporting Materials • Notes of Conference Call (February 22, 2019) ..................................115 • Summary of Comments .....................................................................125 5. Information Item: MDL Subcommittee A. Subcommittee Report.....................................................................................207 Advisory Committee on Civil Rules | April 2-3, 2019 Page 3 of 376 B. Supporting Materials • Draft Notes of Conference Call (December 10, 2018) ......................223 • Margaret S. Williams, Emery G. Lee III, and Jason A. Cantone, Plaintiff Fact Sheets in Multidistrict Litigation: Products Liability Proceedings 2008-2018, Federal Judicial Center (March 2019) .....................................................................................229 • Suggestion 18-CV-Y (Prof. Zachary D. Clopton) .............................237 • Suggestion 18-CV-BB (John H. Beisner) ..........................................243 • Suggestion 19-CV-D (In-House Counsels) .......................................265 • Suggestion 19-CV-E (Eric H. Blinderman, et al.) .............................269 • Suggestion 19-CV-F (Christopher P. Bogart) ....................................273 6. ACTION Item: Rule 73(b)(1) (Consent to Magistrate Judge Trial) .........................277 7. ACTION Item: Rule 7.1 (Disclosure Statement) ........................................................283 8. Information Item: Social Security Review Subcommittee A. Subcommittee Report with Draft Rules for Discussion .................................291 B. Supporting Materials • Notes of Subcommittee Conference Call (January 29, 2019) ............303 • Notes of Working Group Conference Call (February 6, 2019) .........307 • Notes of Working Group Conference Call (February 12, 2019) .......311 • Notes of Working Group Conference Call (February 15, 2019) .......315 • Notes of Subcommittee Conference Call (March 7, 2019) ................319 9. Information/ACTION Items: Other Matters A. Appeal Finality After Consolidation ..............................................................327 B. Rule 5.2(c): Railroad Retirement Act ............................................................331 • Suggestion 18-CV-EE (U.S. Railroad Retirement Board) ................333 Advisory Committee on Civil Rules | April 2-3, 2019 Page 4 of 376 C. Rule 4(c)(3): Service by U.S. Marshals in IFP Cases ....................................339 • Suggestion 19-CV-A (Judge Jesse M. Furman) ................................341 D. Rules 25 and 35 ..............................................................................................345 • Suggestion 18-CV-Z (Mary Novotny Pena) ......................................347 E. Institute for the Advancement of the American Legal System (IAALS) Initial Discovery Protocols ............................................................................353 • Initial Discovery Protocols for First-Party Insurance Property Damage Cases Arising from Disasters ..............................................355 F. Pilot Projects Update (Oral Report) Advisory Committee on Civil Rules | April 2-3, 2019 Page 5 of 376 THIS PAGE INTENTIONALLY BLANK Advisory Committee on Civil Rules | April 2-3, 2019 Page 6 of 376 ADVISORY COMMITTEE ON CIVIL RULES Chair, Advisory Committee on Civil Rules Honorable John D. Bates United States District Court E. Barrett Prettyman United States Courthouse 333 Constitution Avenue, N.W., Room 4114 Washington, DC 20001 Reporter, Advisory Committee on Civil Rules Professor Edward H. Cooper University of Michigan Law School 312 Hutchins Hall Ann Arbor, MI 48109-1215 Associate Reporter, Advisory Committee Professor Richard L. Marcus on Civil Rules University of California Hastings College of the Law 200 McAllister Street San Francisco, CA 94102-4978 Members, Advisory Committee on Civil Rules Honorable Jennifer C. Boal United States District Court John Joseph Moakley United States Courthouse One Courthouse Way, Room 6400 Boston, MA 02210-3002 Honorable Robert Michael Dow, Jr. United States District Court Everett McKinley Dirksen U.S. Courthouse 219 South Dearborn Street, Room 1978 Chicago, IL 60604 Honorable Joan N. Ericksen United States District Court United States Courthouse 300 South Fourth Street, Room 12W Minneapolis, MN 55415 Honorable Joseph H. Hunt Assistant Attorney General (ex officio) United States Department of Justice, Civil Div. 950 Pennsylvania Ave., N.W., Suite 3601 Washington, DC 20530 Honorable Kent A. Jordan United States Court of Appeals J. Caleb Boggs Federal Building 844 North King Street, Room 5100 Wilmington, DE 19801-3519 Effective: October 1, 2018 Advisory Committee on Civil Rules Page 1 Revised: October 25, 2018 Advisory Committee on Civil Rules | April 2-3, 2019 Page 7 of 376 Members, Advisory Committee on Civil Rules Honorable Thomas R. Lee (cont’d) Associate Chief Justice Utah Supreme Court 450 South State, PO Box 140210 Salt Lake City, UT 84114-0210 Honorable Sara Lioi United States District Court John F. Seiberling Federal Building and United States Courthouse Two South Main Street, Room 526 Akron, OH 44308 Honorable Brian Morris United States District Court Missouri River Courthouse 125 Central Avenue West, Suite 301 Great Falls, MT 59404 Honorable Robin L Rosenberg United States District Court Paul G. Rogers Federal Building and United States Courthouse 701 Clematis Street, Room 453 West Palm Beach, FL 33401 Virginia A. Seitz, Esq. Sidley Austin LLP 1501 K Street, N.W. Washington DC 20005 Joseph M. Sellers, Esq. Cohen Milstein Sellers & Toll PLLC 1100 New York Avenue N.W., Fifth Floor Washington, DC 20005 A. Benjamin Spencer Justice Thurgood Marshall Distinguished Professor of Law University of Virginia Law School 580 Massie Road, Rm. WB173E Charlottesville, VA 22903 Ariana J. Tadler, Esq. Milberg Tadler Phillips Grossman LLP One Penn Plaza, Suite 1920 New York, NY 10119 Effective: October 1, 2018 Advisory Committee on Civil Rules Page 2 Revised: October 25, 2018 Advisory Committee on Civil Rules | April 2-3, 2019 Page 8 of 376 Members, Advisory Committee on Civil Rules Helen E. Witt, Esq. (cont’d) Kirkland & Ellis LLP 300 North LaSalle Chicago, IL 60654 Liaison Members, Advisory Committee Peter D. Keisler, Esq. (Standing) on Civil Rules Sidley Austin, LLP 1501 K Street, N.W. Washington DC 20005 Liaison Members, Advisory Committee Honorable A. Benjamin Goldgar (Bankruptcy) on Civil Rules (cont’d) United States Bankruptcy Court Everett McKinley Dirksen United States Courthouse 219 South Dearborn Street, Room 638 Chicago, IL 60604 Clerk of Court Representative, Laura A. Briggs Advisory Committee on Civil Rules Clerk of Court United States District Court 105 Birch Bayh Federal Building and U.S. Courthouse 46 East Ohio Street Indianapolis, IN 46204 Secretary, Standing Committee Rebecca A. Womeldorf and Rules Committee Chief Counsel Secretary, Committee on Rules of Practice & Procedure and Rules Committee Chief Counsel Thurgood Marshall Federal Judiciary Building One Columbus Circle, N.E., Room 7-240 Washington, DC 20544 Phone 202-502-1820 Fax 202-502-1755 [email protected] Effective: October 1, 2018 Advisory Committee on Civil Rules Page 3 Revised: October 25, 2018 Advisory Committee on Civil Rules | April 2-3, 2019 Page 9 of 376 Advisory Committee on Civil Rules Members Position District/Circuit Start Date End Date John D. Bates Chair D District of Columbia Chair: 2015 2019 Jennifer C. Boal M Massachusetts 2018 2021 Robert M. Dow, Jr. D Illinois (Northern) 2013 2019 Joan N. Ericksen D Minnesota 2015 2021 Kent A. Jordan C Third Circuit 2018 2021 Thomas R. Lee JUST Utah 2018 2021 Sara Lioi D Ohio (Northern) 2016 2019 Brian Morris D Montana 2015 2021 Joseph H. Hunt* DOJ Washington, DC ---- Robin L. Rosenberg D Florida (Southern) 2018 2021 Virginia A. Seitz ESQ Washington, DC 2014 2020 Joseph M. Sellers A. ESQ Washington, DC 2018 2021 Benjamin Spencer ACAD Virginia 2017 2020 Ariana J. Tadler ESQ New York 2017 2020 Helen E. Witt Edward ESQ Illinois 2018 2021 H. Cooper
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