Lawson v. Speight et al

Filing 3

RULE 26(f)ORDER (copy given to plaintiff when case was file at the counter). Signed by Magistrate Judge Brian K. Epps on 7/5/17. (cmr)

FILED
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA^Jll jyt-5 P |: 50
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RULE 26 INSTRUCTION ORDER

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,the

parties shall confer as provided in Federal Rule 26(f) by the earlier of 60 days after any
defendant has been served with the complaint or 45 days after any defendant has appeared.

See L.R. 26.1(a).' Thereafter, within 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 ofthe Rule 26(f)Report attached to this Order outlining their discovery plan. S^
L.R. 26.1(b).

Except in imusually protracted or complex cases, the parties will be expected to
adhere to the following deadlines and limitations:

1.

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

2.

The plaintiff must furnish the expert witness reports required by
Federal Rule 26(a)(2)within 60 days after the Rule 26(f)conference.
^L.R.26.1(d)(ii).

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

—

3.

The defendant must furnish the expert witness reports required by
Federal 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.
L.R. 7.4.

Plaintiffs counsel,or,ifapplicable,thepro se plaintiff, 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 ofthe report
ofthe other party's failure to cooperate.
SO ORDERED.

IRIAN K. EPFS
Bl

UNITED STATES MAGISTRATE JUDGE

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
DIVISION

Plaintiff
Case No.

Defendant

2.

RULE26(£) report
Date of Rule 26(£) conference*
Parties or counsel who participated in conference:

3.

If any defendant has yet to be served, please identify the

1.

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)

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
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 deadlines:
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)

Identify the party or parties requesting the modification-

(b)

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 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 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 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

Attorney for Defendant

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
Select a Division

vs.

CASE NO.

DISCLOSURE STATEMENT
S.D. Ga. LR 7.1.1

The undersigned, counsel of record for

certifies that the following is a full

and complete list of the parties in this action:
Name

Identification & Relationship

The undersigned further certifies that the following is a full and complete list of officers, directors,
or trustees of the above-identified parties:
Name

Identification & Relationship

The undersigned further certifies that the following is a full and complete list of other persons,

firms, partnerships, corporations, or organizations that have a financial interest in, or another interest
which could be substantially affected by, the outcome of this case (including a relationship as a parent or

holding company or any publicly-held corporation that holds 10% or more of a party's stock):
Name

Signature

Identification & Relationship

Date

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

Plaintiff,
Case No.

vs.

Defendant.

CERTIFICATE OF COUNSEL
REFILED OR RELATED CASES

Pursuant to the Local Rules of this Court, I hereby certify that this is a refiled case which
involves substantially the same issues or parties as in the case of

,plaintiff vs.

,defendant, Civil Action No.

,or that this case relates to property included in, involves the same issues
appearing in, or grows out of the same transaction involved in a case already pending in

Court, captioned

, plaintiff, vs.

defendant, Civil Action No.
This

day of

,2015.

Attomey ofparty

.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

Plaintiff,
Case No.

Defendant.

NOTICE OF ALTERNATIVE DISPUTE RESOLUTION
and

CASE MANAGEMENT PROCEDURES

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

Litigants in this Court may wish to utilize procedures that are available to assist the

speedy and efficient resolution of civil cases. This notice must be furnished by plaintiffs
counsel to his client and served with the complaint upon all defendants. Counsel for each party

represented shall ensure that the notice is filled out, signed by the party, and returned to the
Clerk's office(1)by counsel for the plaintiff within 15 days offiling the complaint, and (2)by
counsel for the defendant with the answer or other responsive pleading.

Page 1 of5

Notice to Parties and Counsel

1.

If all parties in a case elect to do so, a civil case in this Court can be referred to

non-binding mediation. The purpose of such is to assist the parties in understanding the
strengths and weaknesses of their respective positions and to facihtate settlement.
Do you wish to use such a procedure and for your lawyer to meet with opposing

counsel and a Judge of this Court to establish a mediation plan for this case?

(answer yes or no)

2.

If the parties in a case elect to do so, a civil case in this Court can be referred to

binding or non-binding arbitration. In some instances, arbitration may be quicker,cheaper, and
less formal than litigation. Its outcome can be binding or purely advisory, depending on the

parties' agreement. The parties can also agree to tailor the rules of procedure.
Do you wish to consider such a procedure and for your lawyer to meet with

opposing counsel and a Judge of this Court to establish an arbitration plan for this case?

(answer yes or no)

3.

If all parties in a case consent and the Court concurs, the right to proceed before

a United States District Judge may be waived, and the case can be presided over by a United
States Magistrate Judge.

Page 2 of5

Would you like to consider use of a Magistrate Judge and receive more
information on this altemative?

(answer yes or no)

4.

After the complaint and answer are filed in a case,the rules ofthis Court normally

allow four(4)months for the completion ofdiscovery. Ifdiscovery continues for a longer period

oftime, it will be because the attorneys have requested an extension of time from the Court.

5.

Ifjustified by the complexity or difficulty ofa case, the Court will consider the

entry of a special case management order. After hearing from the parties, this ordo: would
supersede the Local Rules and provide new dates for the different aspects of discovery,
amendments to the pleadings,the filing ofmotions,conferences with the Court,and preparation
for the ultimate pretrial order and trial of the case.

The lawyers for all ofthe parties are encouraged to consult concerning the need for such
a case management order.

6.

At the completion of discovery and before trial, each party will be required to

participate in the filing ofa pretrial order. In most cases,there will also be a pretrial conference
with the presiding Judge. At the conference, the Court will inquire about the prospects for

Page 3 of5

settlement of the case. Normally the Court will require the client to be present in person or by
telephone.
By Order of the Court.

Cierk of Court

I have reviewed with my attorney the above notice and have indicated my desired
responses to paragraphs 1, 2, and 3.
This

day of

,20_.

Name and signature of party or Representative

Certificate of Counsel

I have furnished a copy of this notice to the party represented by me (including any

insurance company assisting with the cost of defense) and discussed with my client responses

to paragraphs 1, 2, and 3 which have been noted. I have also served opposing counsel with a
copy of this completed notice.
This

day of

,20_.

Attorney for.

Page 4 of5

NOTE: If there is unanimity among the parties that the case should be referred to

mediation, arbitration, or a Magistrate Judge, counsel for the plaintiff shall so notify the
Clerk, who will then inform the presiding District Judge of the parties' interest in one or
more of these procedures.

Page 5 of5

AO 85(Rev. 01/09) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge

United States District Court
for the

Southern District of Georgia

)
Plaintiff
V.

)
)

Civil Action No.

)
Defendant

)

NOTICE,CONSENT,AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE

Notice ofa magistratejudge's availability. A United States magistrate judge of this court is available to conduct all
proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a finaljudgment. The judgment may
then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge may
exercise this authority only if all parties voluntarily consent,

You may consentto have your case referred to a magistratejudge,or you may withhold your consent without adverse
substantive consequences. The name ofany party withholding consent will not be revealed to anyjudge who may otherwise
be involved with your case.

Consent to a magistratejudge's authority. The following parties consent to have a United States magistrate judge
conduct all proceedings in this case including trial, the entry of final judgment,and all post-trial proceedings.
Parties'printed names

Signatures ofparties or attorneys

Dates

Reference Order

IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and

order the entry of a final judgment in accordance with 28 U.S.C. § 636(c)and Fed. R. Civ. P. 73.

Date:

District Judge's signature

Printed name and title

Note: Return this form to the clerk of court only if you are consenting to the exercise ofjurisdiction by a United States
magistrate judge. Do not return this form to ajudge.