Johnson v. Walgreen Co.

Filing 3

RULE 26 INSTRUCTION ORDER for REMOVAL CASES. Signed by Magistrate Judge Brian K. Epps on 1/8/16. (cmr)

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RULE 26 INST'RUCTION ORDERFORRX,MOVAL

0"<

CASES

Federal Rule of Civil Procedure26(f.1requiresthe parties to confer, develop a
proposeddiscoveryplan, and submit a report to this Court. Subsequent the filing ofthe
to
report, a SchedulingOrdermust be enteredpusuant to Fed. R. Civ. P. 16(b). Therefore,
within fwenty-one (21) days of the dateof filing of the noticeof removalor within 21 days
ofthe date of filing of the last answerof the defendants,
whicheveris later, but in no event
later than forty-five (45) days afterthe hrst appearance answeror motion underFed.R.
by
Civ. P. 12 of a defendantnamed ir the original complaint, the parties shall confer as
providedin Rule 26(f). SeeL.R.26.1(e).;
Thereafter,
within fourteen(14) days afterthe
required conference
held pursuantto Rule 26(f), the parties shall submit to the Court a
wdtten report conformingto the language
and format ofthe Rule 26(f1Report attached
to
this Order outlining their discoveryplan. SeeL.R. 26.l(b).
Except ia unusuallyprotractedor complex cases, parties will be expectedto
the
adhereto the followine deadlines
and limitations:
1.

The partiesshall servea1lwritten discoveryon opposingpartiesand
shall complete depositions
all
within 140 days ofthe filing ofthe last
answerof the defendants
namedin the original complaint. SeeL.R.

26.1(dXr).

r The Local Rulesmay be found on the Court's

websjteat www.gasd.uscoruts.gov.

2.

Theplaintiffmustfumish expert
the
witness
ieports
required Rule
by
26(a)(2)within 60 daysafterthe Rule 26(f; coderence.SeeL.R.

26.1(dxii).
3.

The defendantmust fumish the expert witness reportsrequired by
Rule 26(a)(2) within 90 days after the Rule 26(f) conference 60
(or
days after the ansqer,*'hichever is later). SeeL.R. 26 1(dxiiD.

4.

The last day for filins motions to add or ioin partiesor amendthe
pleadingsis 60 days afterthefrrst ans*'erofthe defendants
namedin
the original compiaint. SeeL.R. 16.3.

5.

The last day for filins all othermotions. excludingmotionsin limine,
is 30 days after the closeof discovery. SeeL.R. 7.4.

Defendant'scounselshail ensure
that a copyofthis order is served
uponall parties. Finally,
a party who cannotgain the cooperation
ofthe otherparfy in preparingtheRule 26(f) Report
should advisethe court prior to the due date of the report of the otherparfy,s failure to
cooperate.

SO OR-DERED.
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BRIANK. EPPS/
TINITED STATESMAGISTRATEJIIDGE

UMTED STATES
DISTRICT
COURT
SOUTHERN
DISTRICT GEORGIA
OF
DIVISION

Plaintiff
Case No.

Defendant

RI]LE 26(CIREPORT
1.

Date of RuIe 26(fl conference:

z-

Parties or counsel who participated in conference:

3.

If any defendant has yet to be served,pleaseidentify the
defendant and state when ser-vice exnected.
is

4.

Date the Rule 26(a)(1)disclosureswer:emade or will be made:

5.

If any party objectsto making the initial disclosuresrequired by
Rule 26(aX1)or proposeschangesto the timing or form of those
disclosures.
(a) Identify the party or parties making the objectionor
proposal:

(b)

Specifuthe objectionor proposal:

lf-

The Locai Rules provide a 140-dayperiod for discovery. If any
party is requesting additional time for discovery,
(a)

Identify the party or parties requesting additional time:

ft)

State the number of months the parties are requestingfor
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 iarge number of witnesses
Exceptionally complexfactual issues
Need for discoveryoutside the United States

(d)

Other:
Pleaseprovide a brief statement in support of each of the
reasonsidentified above:

7.

If any party is requesting that discoverybe limited to particular
issues or conductedin phases,please
(a)

ft)

8.

Identify the party or parties requesting such limits:

State the nature of any proposedlimits:

The Local Rules provide, and the Court generaliy imposes,the
followin e deadlines:
Last day for filing motions to add
or join parties or amend pleadings

60 davs after issue is ioined

Last day to furnish expert witness
report by plaintiff

60 days after Rule26(f)
conference

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)

Last day to file motions

30 days after close of
discovery

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

(b)

9.

Identify the party or parties requesting the modification:

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

If the caseinvolves electronicdiscovery,
(a)

State whether the parties have reached an agreement
regarding the preservation,disclosure,or discoveryof
electronically stored information, and if the parties prefer to
have their agreementmemoralizedin the schedulingorder,
briefly describethe terms of their agreement:

(b)

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

10. If the caseis known to involve claims of privilege or protection of
trial preparation material,
(a)

State whether the parties have reached an agreement
regarding the proceduresfor asserting claims ofprivilege or
protection after production ofeither electronicor other
discoverymaterial:

(b)

Briefly describethe terms of any agreementthe parties wish
to have memoralizedin the schedulingorder (or attach any
separateproposedorder which the parties are requesting
such matters):
the Court to enler addressing

(c)

Identify any issuesregarding 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:

12.

The parties certify by their signatures below that they have
discussed
the nature and basis of their claims and defenses
and

the possibilitiesfor prompt settlement or resolution of the case.
problemsthat have created a hindrance
Pleasestate any speci-fic
of
Lothe seLtlement Lhecase:

This

day of

20

Signed:
Attorney for Plaintiff

Attorney for Defendant

IINITED STATESDISTRICTCOURT
DISTRICT OF GEORGIA
SOUTHERN
AUGUSTADTVISION

)
)
)
)
)
)
)
)

Plaintiff,

Defendant.

No.
Case

CERTIFICATEOF COI-INSEL
REFILEDOR RELATED CASES
to
Pursuant the Local Rulesofthis Court,I herebycertifythat this is a refiledcase
which
issues partiesasin the caseof
involvessubstantially same
the
or
, plaintiff vs.

Civil Action No.
, defendant,

to
, or that this caserelates propertyincludedin, involvesthe sameissues
in,
involvedin a casealreadypending
appearing or growsout ofthe same
transaction
in
Court,captioned

, plaintiff, vs.

defendant,
Civil Action No.
This

day of

, 2015.

Attomeyof pady

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DI\'ISION

Plaintiff,
Case
No.

Defendaat.

NOTICE OF ALTERNATIVE DISPUTE RESOLUTION
and
MANAGEMENT PROCEDURES
CASE

(LITIGANTS' BILL OF RIGHTS)
S.D. Ga. LR 16.7

Litigantsin this Court may wish to utilize procedures are availableto assistthe
that
speedyand efficient resolutionof civil cases. This notice must be fumishedby plaintiffs
counsel his clientandsewedwith thecomplaint
to
upon all defendants.
party
Counsel each
for
represented
shall ensurethat the noticeis filled out, signedby the party, and retumedto the
Clerk'soffice (l) by counselfor the plaintiff within 15 daysof frling the complaint, (2) by
and
counsel thedefendant
with the answer otherresponsive
pleading.
for
or

PageI of 5

Notice to Partiesand Counsel

1.

Ifall partiesin a caseelectto do so, a civil case this Cout canbe refenedto
in

non-bindingmediation. The purposeof such is to assisttlre parties in understanding
the
positions to facilitalesettlement.
sftengths weaknesses
and
oftheir respective
and
Do you wish to usesucha procedure for your lawyerto meetwith opposing
and
plan for tlis case?
counsel
and a Judge this Courtto establish mediation
of
a

(.n.w€rye{

2.

or fi)

Ifthe padiesin a caseelectto do so,a civil casein this Court canbe referred
to

bindingor non-binding
arbitration.In some
instances,
arbination
maybe quicker,cheaper,
and
lessformal thaa litigation. Its outcomecanbe binding or purelyadvisory,depending the
on
parties'agreement. partiescan alsoagree tailor therulesofprocedure.
The
to
and for yow lawyer to meet with
Do you wish to considersucha procedure
an
plan for this case?
opposing
counsel a Judge this Courtto establish arbitration
and
of

(rnsw€r yft or no)

3.

Ifall parties a case
consent theCoud concurs, right to proceed
in
and
the
before

a United States
may be waived,andthe casecanbe presided
District Judge
overby a United
States
Magistrate
Judge.

Page of 5
2

Would you like to consider use of a Magistuate
Judge and receivemore
informationon this altemative?

(

4.

swery.i or tro)

After thecomplaint answer
and
arefiledin a case, rulesofthis Courtnormally
the

allow four (4)months thecompletion discovery. discovery
for
of
If
continues a longerperiod
for
of time, it will be because attomeys
the
haverequested extension time from the Court.
an
of

5.

Ifjustified by the complexity difficulty ofa case, Courrwill consider
or
the
the

entry of a specialcasemanagerrent
order. After hearingfrom the parties,this orderwould
supersede Local Rules and provide new dates for the different aspectsof discovery,
the
amendments thepleadings,the filing ofmotions, conferences
to
with the Court, andpreparation
for the ultimatepretrialorderandtrial ofthe case.
Thelawyersfor all ofthe parties encouraged consult
are
to
conceming needfor such
the
a casemanasement
order.

6.

At the completionofdiscoveryandbeforetrial, eachparty will be requiredto

participate the filing ofa pretrialorder. In mostcases,
in
therewill alsobe a pretrialconference
with the presidingJudge.At the conference, Court will inquire aboutthe prospects
the
for

Page of5
3

in
or
settlement the case.Nomlally the Courtwill requirethe clientto be present person by
of
telephone.
By Orderofthe Court.

Clerk ofCorfi

I have reviewedwith my attomey the above notice and have indicatedmy desired
1,2,
responses paragraphs and3.
to
This-

dayof -,20-

Nrme rnd stgrrtue

of prrty or Repiesentative

Certifi61e of Counrel

by
I have fumisheda copy of this noticeto the party represented me (includingany
insurance
company
assisting
with the cost ofdefense)anddiscussed
with my clientresponses
to paragaphs1, 2, and3 which havebeennoted. I havealsoserved
opposingcounsel
with a
notice.
copy ofthis completed
This_

dayof -20_

Attomey for

Page4 of 5

NOTE: If there is unanimity among the parties that the case should be referred to
mediation, arbitration, or a Magistrat€Judge, counselfor the plaintiff shall so notify the
Clerk, who will then inform the presidingDistrict Judgeofthe partiesrinterestin one or
procedures.
more of these

Page of5
5

AO 85 (Rev 0 I /09) Notice,ConseDt, R€ference r Civil Action to a Magistrate
Bnd
of
Judg€

Uurpo SreresDrsrnrcrCounr
for the
SouthemDistrict of Georgia

Plaintif

Delendaht

)
)
)
)
)

Civil Action No.

NOTICE, CONSENT, AND REFERENCE OF A CI\IL ACTION TO A MAGISTRATE JUDGE
judge's availability.A UnitedStates
judge ofthis courtis available conduct
Noticeofs mqgislrqte
magistrate
to
all
proceedings this civil action(including
in
ajury or nonjuryhial) andto ordertheentryofa finaljudgment. judgment
The
may
judge may
thenbe appealed
directlyto theUnitedStat€s
courtof appeals anyotherjudgment
like
ofthis court. A magistrate
exercise authorityonly ifall partiesvoluntaxily
this
consent.
You mayconsent haveyour case
to
referred a magistratejudge,
to
oryou maywithlroldyour consent
withoutadverse
substantive
consequences. nameofany partywithlolding consent not berevealed anyjudge
The
will
to
who mayotherwise
be involvedwith your case.
judge's authoritl. The following partiesconsent hav€a UnitedStates
Consent q magistrate
to
judge
to
magistrate
in
conductall proceedings this caseincludingtrial, the entry of finaljudgment,andall post-trialproceedings,
Parries printed names

Signaturesofporties or attornE)s

Reference
Order
judge to conductall proceedings
IT IS ORDERED: This caseis referred a UnitedStates
to
magistrate
and
orderthe entryofa final judgmentin accordance
with 28 U.S.C.g 636(c)ard Fed.R. Civ. P. 73.

Date:
Dist ict Judge's signatl,,re

Printed name Md title

Note: Returnthis form to the clerk of courtonly ifyou areconsenling the exercise
to
ofjurisdiction by a UnitedStates
judge. Do not returnthis form to ajudge.
magistrate