McRae v. Ellis et al

Filing 3

RULE 26 INSTRUCTION ORDER. Signed by Magistrate Judge Brian K. Epps on 4/15/15. (cmr)

IN THE L]NITEDSTATESDISTRICTCOURT
FORTHE SOUTHERN
DISTRICTOF GEORGIA

"f,jf;'bi5Prg
20l5ApR pil 2,56
fS

et

e!,3J5-e3/
"or"*o
RULE 26 INSTRUCTION ORDER
FederalRule of Civil Procedure
26(i) requires partiesto confer,developa
the
proposed
p1an, submita reportto this Court. Subsequent the frling of the
discovery
and
to
a
report, Scheduling
pursuant Fed.R. Civ. P. 16(b).Therefore,
Ordermustbeentered
to
by
the earlierof fwenty-one(21) days afterthe filing of the last answerof the defendants
in
named theoriginalcomplaint forty-five (45)daysafterrhefirsf appearance alswer
or
by
or motionunderFed.R. Civ. P. 12 of a defendant
namedin the originalcomplaint,
the
parties
shallconferasprovided Federal
in
Rule26(f). See
L.R.26.1(a).1
Thereafter,
within
fourteen(14)daysafter required
the
conference
heldpursuant Rule26{f, theparfies
to
sha.ll
to
submit theCourta wdttenreportconforming thelalguage formatof theRule26(f)
to
and
Reportattached this Orderoutliningtheirdiscovery
to
plan. SeeL.R. 26.1(b).
protracted complexcases, partieswill be expected
Exceptin unusually
or
the
to
to
adhere thefollowdng
deadlines limitations:
and

1.

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

26.1(dxi).
2.

The plaintiff must furnish the exoert witness reports required by
FederalRule 26(a)(2)within 60 days afterthe Rule 26(f.1
conference.

L.R.
See 26.1(dxii).
' Tho Local Rules
may be found on the Court's websiteat www.gasd.uscourts.gov.

3.

The defendantmust furnish the expert witness reoortsrequired by
FederalRule 26(a)(2)within 90 days afterthe Rule 26(! conference
(or 60 days after the answer, whichever is later). See L.R.
26.1(d)(iii).

4.

The last day for filing motionsto add or join paniesor amendthe
pleadingsis 60 days aftertle first answerofthe defendants
namedin
the original complaint. SeeL.R. 16.3.

5.

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

PlaintifPs counsei,or, ifapplicable,thepro se plaintiff, shallensure
that a copy ofthis Order
is servedupon all parlies. Finally. a party who cannotgain the cooperation
ofthe otherparfy
in preparingthe Rule 26(f.)Report shouldadvisethe Court prior to the due dateofthe report
ofthe otherparty's failure to cooperate.

SO ORDERED.
/)

/(

lt f

I t, tttn--F*a,
BRIANK.EPPS /
LTNITED
STATESMAGISTRATEJUDGE

DISTRICTCOURT
UNITED STATES
DISTRICTOF GEORGIA
SOUTHERN
DIVISION

Plaintiff
CaseNo.

Defendant

)

RULE 26(0 REPORT
1.
2.

Date of Rule 26(fl 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.

4.

Date the Rule 26(a)(1) disclosureswere made or will be made:
If any party objects to making the initiai disclosuresrequired by
RuIe 26(aX1) or proposeschangesto 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 tocal Rules provide a 740-day period for discovery. Ifany
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
discoverv:
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

(d)

Other:
Please provide a brief statement in support ofeach ofthe
reasons identified above:

7.

Ifany party is requesting that discovery be limited to particular
issues or conducted in phases,please
(d

(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
fo |'lowingdeadlines:
Last day for filing 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€)
conference

Last day to furnish expert witness
report by a defendant

90 days after RuIe 26(f)
conference (or
60 days
after the answerr
whichever is later)

Last day to file motions

30 days after close of
discovery

If any party requests a modification of any of-thesedeadlines,

(d

(b)

9.

Identifr the party or parties requestingthe 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 scheiluiing order,
briefly describe the terms of their agreement:

(b)

Identir! 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 proceduresfor 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 addressins 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:

72.

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

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:
Attorney for Plaintiff

Attorney for Defendant