Evans v. Strayer University

Filing 3

RULE 26 INSTRUCTION ORDER. Signed by Magistrate Judge Brian K. Epps on 12/14/15. (cmr)

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IN THE lrl.{ITED STATESDISTRICTCOTJRT
FOR THE SOUTHERN
DISTRICTOF GEORGIA

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RULE 26 INSTRUCTION ORDER
Federai Rule of Civil Procedure26(f) requires the parties to confer, develop a
proposeddiscoverypian, and submit a repoft to this Court. Subsequent the filing of the
to
Ordermust be enteredpursuantto Fed.R. Civ. P. 16(b). Therefore,by
report,a Scheduling
the earlier of twent-v-one(21) days after the filing of the last answer of the defendants
namedin the original complaint or forty-five (45) days afterthe first appearance answer
by
or motion under Fed. R. Civ. P. 12 of a defendantnamed in the original complaint, the
partiesshall confer asprovidedin FederalRule 26(t). SeeL.R. 26.1(a).1Thereafter,
within
held pursuant Rule 26(f , thepartiesshall
to
fourteen (14) days afterthe requiredconference
submit to the Court a written reportconformingto the language
and format of the Rule 26(0
plan. SeeL.R.26.1(b).
to
Reportattached this Orderoutliningtheir discovery
Except in unusually protractedor complex cases,the parties will be expectedto
adhereto the following deadlinesand limitations:
1.

The partiesshall serveall written discoveryon opposingpartiesand
shallcompleteall depositions
within 140 days ofthe filing ofthe last
answerof the defendants
namedin the original complaint. SeeL.R.

26.1(dXD.
2.

The plaintiff must fumish the exoertwitnessreportsrequired
by
Federal
Rule26(a)(2)
w.ithin daysaftertheRule26(f)conference.
60
L.R.26.1(d)(ii).
See

I The Local Rules may be found on the Court's \ €bsite at w\,\,w.gasd.uscourts,gov.

3.

The defendantmust furnish the expert witness reportsrequired by
FederalRule 26(a)(2)within 90 days after the Rule 26(f) conference
(or 60 days after the answer, whichever is later). See L.R.

26.1(dxiii).
4.

The last day for filine motions to add orjoin parties or amend the
plgallagg is 60 days after the first answer ofthe defendantsnamed in
the original complaint. SeeL.R. 16.3.

5.

The last day for filing ali othermotions,excludingmotions in limine,
is 30 days after the closeof discovery. SeeL.R. 7.4.

PlaintifFs counsel.or, ifapplicable.Ihepro se plaintiff, shall ensure
that a copy ofthis Order
is servedupon all parties. Finally, a party who cannotgain the cooperation
ofthe otherparty
in preparingthe Rule 26(f) Reportshouldadvisethe Courl prior to the due dateofthe report
of the other pafiy's farlure to cooperate.

SO ORDERED.
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BRIAN K. EPPS /
LINITEDSTATESMAGISTRATEJUDGE

DISTRiCTCOIIRT
UNITED STATES
SOUTHERN
DISTRICTOF GEORGIA
DI\riSION

Plaintilf
CaseNo.

Defendant

)

RIILE 26(0 REPORT
1.
2.

Date ofRule 26ff) conference:
Parties or counsel who participated in conference:

3.

If any defendant has yet to be served, please identify the
defendant and state when service is expected.
Date the RuIe 26(a)(1)disclosureswere made or will be made:
If any party objects to making the initial disclosuresrequired by
Rule 26(d(1) or proposeschangesto the timing or form of those
disclosures,
(d
Identify the party or parties making the objection or
proposal:

(b)

or
Specifuthe objection proposal:

6.

The Local Rules provide a 140'day period for discovery. If any
party is requesting additional time for discovery,
(a)

Identify the party or parties requesting additional time:

(b)

State the number of months the parties are requesting for
discovery:

months
(c)

Identify the reason(s)for requesting additional time for
discovery:
Unusually large number of parties
Unusually large number of claims or defenses
Unusually large number of witnesses
Exceptionally complex factual issues
Need for discovery outside the United States

(il

Other:
Please provide a briefstatement in support ofeach ofthe
reasonsidentified above:

7.

If any party is requesting that discovery be limited to particular
issues or conducted in phases,please
(a)

(b)

8.

Identify the party or parties requesting such limits:

State the nature of any proposed limits:

The Local Rules provide, and the Court generally imposes, the
f o l l o w i n ed e a d il n e s :
Last day for filing motions to add
or join parties or amend pleadings

60 days after issueis joined

Last day to furnish expert witness
report by plaintiff

60 days after Rule26(f)

Last day to furnish expert witness
report by a defendant

90 days after Rule 26(f)
conference(or
60 days
after the answer,
whichever is later)

conference

Last day to file motions

30 days after close of
discovery

If any party requests a modification of any of these deadlines,
(a)

(b)

L

Identify the party or parties requesting the modificatj.on:

State which deadline should be modified and the reason
supporting the request:

If the case involves electronic discovery,
(a)

State whether the parties have reached an agreement
regarding the preservation, disclosure,or discovery of
electronically stored information, and if the parties prefer to
have their agreement memoralized in the scheduling order,
briefly describethe terms of their agreement:

(b)

Identify any issues regarding electronically stored
information as to which the parties have been unable to
reach an agreement:

10.

If the case is known to involve clai.msof privilege or protection of
trial preparation material,
(d

State whether the parties have reached an agreement
regarding the proceduresfor asserting claims ofprivilege or
protection after production of either electronic or other
discovery material:

(b)

Briefly describethe terms of any agreement the parties wish
to have memoralized in the scheduling order (or attach any
separate proposedorder which the parties are requesting
the Court to enter addressingsuch matters):

(c)

Identify any issues regarding claims of privilege or
protection as to which the parties have been unable to reach
an agreement:

11.

State any other matters the Court should include in its scheduling
order:

72.

The parties certify hy their signatures below that they have
discussedthe nature and basis oftheir claims and defensesand

the possibilities for prompt settlement or yesolution of the case.
Please state any specificproblems that have created a hindrance
to the settlement of the case:

This

day of

20

Signed:
Attorney for Plaintiff

Attorney for Defendant