Fairview Park, Limited Partnership v. Humana Employers Health Plan Of Georgia, Inc.

Filing 2

RULE 26 INSTRUCTION ORDER FOR REMOVAL CASES. Signed by Magistrate Judge Brian K. Epps on 7/23/15. (cmr)

FILED

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IN THE LINITEDSTATESDISTRICTCOURT

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AUiJI,ISTA

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FORTI{E SOUTI{ERNDISTRICTOF GEORGIA

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RULE 26 INSTRUCTION ORDERFOR REMOVAL CASES
Federal Rule of Civil Procedure26(f) requires the parties to confer, develop a
proposeddiscoveryplan, and submit a report to this Court. Subsequent the filing of the
to
report, a SchedulingOrder must be enteredpursuantto Fed. R. Civ. P. 16(b). Therefore,
within fwenfy-one (21) days of the dateof filing of the noticeof remor,alor within2l days
ofthe dateof filing ofthe last answerofthe defendants,
rfuchever is later, but in no event
later than forty-fh e (45) days after the first appearance answeror motion underFed.R.
by
Civ. P. 12 of a defendantnamed in the original complaint, the parties shall confer as
provided in Rule 26(f). SeeL.R. 26.1(e).r Thereafter,
withir fourteen (14) days after the
required conferenceheld pursuantto Rule 26(f), the parties shall submit to the Court a
written report conformingto the languageand format ofthe Rule 26(l) Report attached
to
this Order outlining their discoveryplan. SeeL.R.26.1(b).
Except in unusuallyprotmcted or complex cases,the partieswill be expectedto
adhereto the following deadlinesand limitations:
1.

The partiesshall serveall written discoveryon opposingparties and
shallcompleteall depositions
within I40 days ofthe filing ofthe last
answerof the defendants
namedin the original compiaint. SeeL.R.

26.i(dx1).

' The Local Rulesmay be found on the Cout's website at www.gasd.uscowts.gov.

z.

Theplaintiffmust fumishthe expcrlldtngs! rqpQrrlr
required Rule
by
26(a)(2)within 60 days afterthe Rule26(f) conference. L.R.
See
26.1(dXiD.
The defendant
mustfumishthe expertwitnessreports
requiredby
Rule26(a)(2)
within 90 daysaftertheRule26(f1conference 60
(or
daysafterthe answer,
whichever laier). SeeL.R.26.1(dxiii).
is
The last dayfor filing motionsto addor join parties amendthe
or
plgaeling5 60 daysafterthefirst answer
is
ofthe defendants
namedin
the originalcompiaint.See
L.R. 16.3.

5.

The last dayfor filine all othermotions.excludingmotionsin limine,
is 30 days aft.er close of discovery. SeeL.R. 7.4.
the

Defendant'scounselshall ensure
that a copy ofthis Orderis serveduponall parties. Finally,
a party who cannot gain the cooperation ofthe other parfy in preparing the Rule 26(f Report
should advisethe Court prior to the due date of the report of the other party's failure to
cooperato.

SO ORDERED.
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BRIAN K. EPPS /
LTNITED
STATESMAGISTR-A.TE
JLIDGE

UMTED STATES
DISTRICTCOTIRT
SOUTHERN
DISTRICTOF GEORGIA
DTWSION
)
)

Plaintiff

)
)

)

CaseNo.

)
)
)

Defendant

)

RULE 26(0 REPORT
1.
2.

Date ofRule 26(f) 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(d(1) disclosureswere made or will be made:

5.

If any party objects to making the initiai disclosuresrequired by
Rule 26(d(1) or proposeschangesto the tirring or form of those
disclosures,
(d
Identify the party or parties making the objection or
proposal:

$)

Specify the objection or proposal:

6.

The Local 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:

(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 parti.es
Unusually large number of claims or defenses
Unusually large number of witnesses
Exceptionally complexfactual issues
Need for discoveryoutside the United States

(d)

Other:
Please provide a brief statement in support of each of the
reasons identified above:

----------

7-

If any party is requesting that discoverybe limited to particular
ssues-oreorrd-ueted-in phases;-please(a)

(b)

6-

Ideniify the party or parties requesting such limits:

State the nature of any proposedlimits:

The Local Rules provide, and the Court generally imposes, the
followins deadlines:
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(f)
conference

Last day to furnish expert witness
report by a defendant

90 days after Rule 26ff)
conference (or
60 days
after the answer,
whichever is later)

Last day to file motions

30 days after closeof
discovery

If any party requests a modification of any ofthese deadlines,

(b)

q

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

If the caseinvolves electronic discoverv.
(d

State whether the parties have reached an agreement
regarding the preservation, disclosure,or discovery of
eiectronically stored information, and if the parties prefer to
have their agreement memoralized in the scheduling order,
briefly describethe terms of their asreementl

(b)

Identify any issues regarding electronically stored
information as to which the parties have been unable to
reach an agreementi

10.

If the caseis klown to involve claims of privilege or protection of
trial preparation material,

regarding the proceduresfor asserting claims of privilege or
protection after production of either electronic or other
discovery material'.

(b)

Briefly describethe terms of any agreement the parties wish
to have memoralized in the scheduling order (or attach any
separate proposedorder which the parties are requesting
the Court to enter addressinssuch matters):

(c)

Identi{y any issues regarding claims of privilege or
protection as to which the parties have been unable to reach
an agreementi

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