OWENS et al v. STIFEL NICOLAUS & COMPANY INC

Filing 36

ORDER denying #31 Motion for Discovery; granting #34 Motion for Leave to File with instructions; lifting stay of 5/15/2013. Ordered by Judge Hugh Lawson on 9/19/2013. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION

MARTHA F. OWENS, Individually,
and as the Executrix of the Estate of
Andrew T. Fuller; SUSAN ROCKETT;
DONALD ABNER POPE JR.; and
REFUSE MATERIALS, INC.,

Civil Action No. 7:12-CV-144 (HL)

Plaintiffs,
v.
STIFEL, NICOLAUS & COMPANY,
INC. and ANTHONY JOHN FISHER,
Defendants.

ORDER
This case is before the Court on several matters. This Order will set out a
new discovery schedule for the case, and will also address Plaintiffs’ Motion for
Discovery (Doc. 31) and Plaintiffs’ Motion for Leave to File Supplemental Expert
Report (Doc. 34). Plaintiffs’ Motion for Discovery is denied, and the Motion for
Leave is granted as outlined below.
I.

NEW DISCOVERY SCHEDULE
The discovery stay entered on May 15, 2013 is now lifted. The Court

hereby enters the following order which will govern all remaining discovery and
motions practice in the case.

1.

The time for discovery in this case shall expire on November 18,

2013. The Court does not intend to extend this date absent exigent
circumstances.
No discovery request may be served unless the response to the request
can be completed within the time specified by the rules and within the discovery
period. Except by written consent of the parties first filed with the Court, no
deposition shall be scheduled beyond the discovery period.
Any discovery-related motions should be filed as soon as practical, but in
no instance are they to be filed after the end of the discovery period. Motions
filed after the discovery period ends will not be considered by the Court.
2.

The deadline for the disclosure of expert witnesses has passed. The

deadline for the parties to provide supplemental expert reports to opposing
counsel will be extended until October 21, 2013. No additional supplemental
reports may be disclosed or provided after this date without leave of Court.
3.

The deadline for motions to join other parties or to otherwise amend

the pleadings has passed.
4.

All dispositive motions shall be filed on or before January 2, 2014.

5.

All Daubert motions shall be filed on or before December 18, 2014.

The parties are instructed not to file Daubert motions as part of dispositive
motions.

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6.

All other provisions contained in the Scheduling and Discovery Order

entered on December 18, 2012 remain in full force and effect.
II.

PLAINTIFFS’ MOTION FOR DISCOVERY (DOC. 31)
Plaintiffs have moved the Court for an order requiring Defendant Stifel

Nicolaus to provide a privilege log in connection with its discovery responses, as
well as for a finding that Stifel Nicolaus has waived its right to claim privilege of
any documents listed on the privilege log. Stifel Nicolaus has responded to the
motion, explaining that the request for the privilege log came from Plaintiffs while
discovery in the case was stayed, and that it fully intends to provide a privilege
log once the stay is lifted and the parties resume litigating the matter.
Plaintiffs’ Motion for Discovery (Doc. 31) is denied. The Court trusts that
counsel for Stifel Nicolaus will abide by its representation that a privilege log will
be produced post-haste, but to be sure, the Court orders Stifel Nicolaus to
produce its privilege log to opposing counsel no later than October 3, 2013. Stifel
Nicolaus has not waived any right to claim privilege.
The Court further notes that this is the sort of discovery dispute that should
have been raised to the Court through a telephone call, rather than the filing of a
motion. Counsel were specifically told in the Rules 16 and 26 Order entered on
November 7, 2012 that they were to contact the Court to schedule a telephone

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conference to discuss discovery issues rather than filing written motions to
compel. Counsel should keep that directive in mind as the case progresses.
III.

PLAINTIFFS’ MOTION FOR LEAVE TO FILE A SUPPLEMENTAL
EXPERT REPORT (DOC. 34)
This motion is granted in that both parties will have until October 21, 2013

to provide supplemental expert reports to opposing counsel.

SO ORDERED, this the 19th day of September, 2013.
s/Hugh Lawson_______________
HUGH LAWSON, SENIOR JUDGE

mbh

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