Lewis v. The City of Wadley et al

Filing 3

RULE 26 INSTRUCTION ORDER FOR REMOVAL CASES. Signed by Magistrate Judge Brian K. Epps on 7/6/16. (cmr)

FILEi

U.S.DlsmCTCOURT
AHGUSTA'glV.
IN THE UNITED STATES DISTRICT COURT

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,o rn

2016 JUL-6 PMI2-50

FOR THE SOUTHERN DISTRICT OF GEORGIA

C fSwOrv ^
SLERK.

SO.etaT. 8F GA.

CASE NO.

Cyi16"inA
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RULE 26 INSTRUCTION ORDER FOR REMOVAL CASES

Federal Rule of Civil Procedure 26(f) requires the parties to confer, develop a
proposed discovery plan, and submit a report to this Court. Subsequent to the filing of the
report, a Scheduling Order must be entered pursuant to Fed. R. Civ. P. 16(b): Therefore,

within t^venty-one(21)days of the date offiling ofthe notice ofremoval or within 21 days
ofthe date offiling of the last answer of the defendants, whichever is later, but in no event

later than forty-five (45) days after the first appearance by answer or motion under Fed. R,
Civ. P. 12 of a defendant named in the original complaint, the parties shall confer as
provided in Rule 26(f). S^ L.R. 26.1(e).' Thereafter, within fourfeen'(14) days after the
required conference held pursuant to Rule 26(f), the parties shall submit to the Court a
written report conforming to the language and format of the Rule 26(f) Report attached to
this Order outlining their discovery plan. S^L.R. 26.1(b).
Except in unusually protracted or complex cases, the parties will be expected to
adhere to the following deadlines and limitations:
1.

The parties shall serve all written discovery on opposing parties and
shall complete all depositions within 140 days ofthe filing ofthe last
answer of the defendants named in the original complaint. See L.R.
26.1(d)(1).

The Local Rules may be found on the Court's website at www.gasduscourts.gov.

2.

The plaintiffmustfuimsh the expert witness reports required by Rule
26(a)(2) within 60 days after the Rule 26(f) conference. See L R
26.1(d)(ii).

3.

The defendant must furnish the expert witness reports required by
Rule 26(a)(2) within 90 days after the Rule 26(f) conference (or 60
days after the answer, whichever is later). ^L.R. 26.1(d)(iii).

4.

The last day for filing motions to add or join parties or amend the
pleadings is 60 days after the first answer ofthe defendants named in
the original complaint. See L.R. 16.3.

5.

The last day for filing all other motions,excluding motions in limine,
is 30 days after the close of discovery. See L.R. 7.4.

Defendant s counsel shall ensure that a copy ofthis Order is served upon all parties. Finally,
a party who cannot gain the cooperation ofthe other party in preparing the Rule 26(f)Report
should advise the Court prior to the due date of the report of the other party's failure to
cooperate.
SO ORDERED.

li
BFUAN K. EPFS

UNITED STATES MAGISTRATE JUDGE

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF GEORGIA
DIVISION

Plaintiff

Case No.

V.

Defendant

1.

2.

RULE 26(f) REPORT
Date of Rule 26(f) conferenceParties or counsel who participated in conference-

If any defendant has yet to be served, please identify the
defendant and state when service is expected.
4.

Date the Rule 26(a)(1) disclosures were made or will be made^

5.

If any party objects to making the initial disclosures required by

Rule 26(a)(1) or proposes changes to the timing or form of those
disclosures,

(a)

Identify the party or parties making the objection or
proposal-

(b)

Specify the objection or 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)

Identiify 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
Other-

(d)

Please provide a brief statement in support of each of the
reasons identified 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
following deadhnes*
Last day for fihng motions to add
or join parties or amend pleadings

60 days after issue is 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

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 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 scheduhng order,
briefly describe the 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 claims of privilege or protection of
trial preparation material,

(a)

State whether the parties have reached an agreement
regarding the procedures for asserting claims of privilege or
protection after production of either electronic or other
discovery material"

(b)

Briefly describe the terms of any agreement the parties wish
to have memoralized in the scheduling order (or attach any
separate proposed order which the parties are requesting

the Court to enter addressing such 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 scheduhng
order*

12.

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

the possibilities for prompt settlement or resolution of the case.
Please state any specific problems that have created a hindrance
to the settlement of the case-

This

day of

, 20

Signed*
Attorneyfor Plaintiff

Attorneyfor Defendant