Lincoln County, Georgia v. Amerisourcebergen Drug Corporation et al

Filing 2

RULE 26(f) ORDER. Signed by Magistrate Judge Brian K. Epps on 04/11/2018. (Attachments: # 1 Blank Forms.) (jlh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA CASENO. 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 ofthe 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. See 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 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)within60days after the Rule 26(f)conference. S|^L.R.26.1(dXii). '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 affer 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 loin parties or amend the pleadings is 60 days after the first answer ofthe defendants named in the original complaint. S^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,the pro 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 of the other party's failure to cooperate. SO ORDERED. BRIAN K. EPFS UNITED STATES MAGISTRATE JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA DIVISION Plaintiff Case No. V. Defendant 1. 2. RULE 26(0 REPORT Date of Rnle 26(0 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) 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(0 Last day to furnish expert witness report by a defendant 90 days after Rule 26(£) 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 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 scheduhng 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 . SignedA ttorney for Plaintiff Attorney for Defendant

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