Deere & Company v. Rebel Auction Company, Inc. et al

Filing 5

RULE 26 INSTRUCTION ORDER. Signed by Magistrate Judge Brian K. Epps on 9/1/15. (cmr)

IN THE LINITEDSTATESDISTRICTCOURT
FORTHE SOUTHERN
DISTRICTOF GEORGIA

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RULE 26 INSTRUCTION ORDER
Federal
Rule of Civil Procedure
26(l) requires partiesto confer,developa
the
proposed
plan,andsubmita reporlto this Court. Subsequent thefiling ofthe
discovery
to
report,a Scheduling
Ordermustbe entered
pursuant Fed. Civ. P. l6(b). Therefore,
to
R.
by
the earlierof twenty-one(21) days afterthe filing of the last answerof the defendants
named theoriginalcomplaint forty-five (45)daysafterthefirst appearance answer
in
or
by
or motion underFed.R. Civ. P. 12 of a defendant
namedin the originalcomplaint,
the
parties
shallconfer provided Federal
as
in
Rule26(f1.See
L.R.26.1(a).rThereafter.
within
fourteen(14)daysaftertherequired
conference pursuant Rule26(f. theparties
held
to
shall
submitto theCourta writtenreportconforming thelanguage formatof theRule26(f)
to
and
Repo( attached this Orderoutliningtheir discovery
to
plan. SeeL.R. 26.1(b).
Exceptin unusually
protracted complexcases, partieswill be expected
or
the
to
adhere thefoliowingdeadlines limitations:
to
and
1.

Theparties
shallserve writtendiscovery opposing
all
on
parties
and
shallcomplete depositions
all
within 140daysofrhe frlingof thelast
of
anss'er thedefendants
named theoriginalcomplaint.See
in
L.R.

26.1(dXD.
The plaintiff must furnish the exnertwitnessreportsrequired
by
Federal
Rule26(a)(2)
within 60daysaftertheRule26(f)conference.
See
L.R.26.1(dxii).
I The Local Rulesmay be

found on the Court's websiteat wwv.gasd.uscouns.gov.

3.

must furnishthe expertwitness
reports
The defendant
by
required
Federal
Rule26(a)(2)
within 90 daysaftertheRule26(f)conference
(or 60 days after the answer,whichever is later). See L.R.

26.1(dxiiD.
4.

The last day for filing motions to add or join parties or amendthe
Blqarliu$ is 60 days after the first answer ofthe defendantsnamed in
tJreoriginal complaint. SeeL.R. 16.3.

5.

The last dayfor filing all othermotions,excludingmotions in limine.
is 30 days after the close of discovery. SeeL.R. 7.4.

Plaintifl s counsel,or, ifapplicable,thepro se pluntiff, shall ensure
that a copy ofthis Order
is servedupon all parties.Finally, a parff who cannotgain the cooperation
ofthe otherparfy'
in preparingthe Rule 26(f) Reportshould advisethe Court prior to the due dateofthe report
of the other party's failure to cooperate.

SO ORDERED.
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BRIAN K, EPPS
L]NITEDSTATESMAGISTRATEJUDGE

UNITED STATES
DISTRICTCOURT
SOUTHERN
DISTRICTOF GEORGIA
DIVISION

Plaintiff
CaseNo.

Defendant

RULE 26(fl REPORT
1.
2.

Date ofRule 26(fl conference:
Parties or counselwho participated in conferencel

3.

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

,1

Date the Rule 26(d(1) disclosureswere made or will be made:
If any party objectsto making the initial disclosuresrequired by
Rule 26(d(1) or proposeschanges 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 discoverlr. If any
party is requesting additional time for discovery,
(")

Identify the party or parties requesting additional time:

$)

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

(d

Other:
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
issuesor conductedin 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 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 ilays after Rule26(f)
conference

Last day to furnish expert witness
report by a defendant

g0 days after Rule 26(0
conference(or
60 days
after the answer,
whichever is later)

Last dav to file motions

30 days after closeof
discovery

If any party requests a modification of any of these deadlines,
(a)

(b)

9.

Identify the part5' 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 pariies prefer to
have their agreement memoralized in the scheduling order,
briefly describethe terms of their agreement:

(b)

Identi{y any issues regarding electronically stored
information as to which the parties have been unable to
reach an aEreement:

10.

If the caseis 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
discoverv 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 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
discussedthe nature and basis of their claims and defensesand

the possibilities for prompt settlement or resolution of the case.
Please state any specificproblems that have created a hindrance
to the settlement of the case:

This -

day of

qn

Signed.:
Attorney for Plaintiff

Attorney for Defendant