Sallie H. Seay Estate et al v. Wells Fargo Bank, N.A. et al

Filing 4

RULE 26 INSTRUCTION ORDER FOR REMOVAL CASES. Signed by Magistrate Judge Brian K. Epps on 10/9/15. (cmr)

F}LTD
COURT
U.5.
BiSTRICI
fA
i'ltrii,JS BlV.

IN THELT}JITED
STATES
DISTRICTCOURT

OCT
?015 -9 Pt{3:LI

FORTHE SOUTHERN
DISTRICT GEORGTA
OF

c,P\,&*-^D

cASENo
cv315-086
RULE 26 INS]IRUCTION ORDER FOR R-EMOVAL CASES
Federal Rule of Civil Procedure26(1) requiresthe parties to confer, develop a
proposeddiscoveryplan, and submit a report to this Court. Subsequent the filing of the
to
reporl, a SchedulingOrdermust be enteredpursuantto Fed. R. Civ. P. 16(b). Therefore,
within fwenty-one (21) days of the dateof filing of thenotice of removal or within 21 days
ofthe dateof filing ofthe last answerofthe defendants,
whicheveris later, but in no event
laterthan forty-five (45) days after the fust appearance answeror motion under Fed.R.
by
Civ. P. 12 of a defendantnamed in the original complaint, the parties shall confer as
providedin Rule 26(f . SeeL.R. 26.1(e).r Therealler,within fourteen (14) days afterrhe
required conference
held pursuantto Rule 26(f, the parties shall submit to the court a
w tten report conforming 1othe la::g,,aggand format of the Rule 26(fl Repod attachsdto
ttris Order outiining their discoveryplan. SeeL.R. 26.t (b).
Except in unusuailyprohacted or complex cases, parties will be expectedto
the
adhere the following deadlines
to
and limitations:
1.

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

26.1(dX1).

r The Local

Rules ma) be found on the Court's websiteat www.gasd.uscour-ts.gov.

2-

Theplaintiffmust fumish theexoerts,rtness
reoortsrequired Rule
by
26{a)Q)within 60 days afterrheRule26{f1conference. L.R.
See

26.1(dxii).
3.

The defendantmwt fumish the expg!.yilness report$required by
Rule 26(a)(2) within 90 days after rhe Rute 26(f conference 6il
(or
days after the answer.whicheveris later). SeeL.R. 26.1(dxiii).

4.

The last day for filing motions to add or join partiesor amendthe
ple4di4qsis 60 days afterthe first answerofthe defendants
namedin
the original complaint. SeeL.R. 16.3.

5.

The Iastday for filing all othermotions,excluding motionsin limine,
is 30 days after the closeof discovery. SeeL.R. 7.4.

Defendant's
counser
shair
ensure a copyofthis orderis sewed
that
upon parties.Finaly.
al
a partl'whocannot thecooperation
gain
ofthe other
partyin preparing Rure
the
26(f)Report
shouldadvise court prior to the due dateof the reportof the otherparry,s
the
failureto
coo1)erate.
SO ORDERED.
/)

l(.
tJ,t--

(
l/ ru-"-

l\.

BRIAN K EPPS /
LTNITED
STATES
I4AGISTRATE
JIJDGE

UMTED STATESDISTRICT COIIRT
SOUTHERNDISTRICT OF GEORGIA
DI\TSION

Plaintiff
CaseNo.

Defendant

RTILE26(0 REPORT
1.
2,

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

3.

Ifany defendanthas yet to be served,pleaseidentify 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 ihe initial disclosures required by
Rule 26(a)(1)or proposeschangesto the timing or form ofthose
disclosures,
(a) Identify the party or parties making the objectionor
proposal:

(b)

Specifi'the objectionor proposal:

6.

The Local Ruies provide a 140-dayperiod for discovery. If any
party is requesting additional time for discoverly,
(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
Unusuaily large number of ciaims or defenses
Unusually large number of witnesses
Exceptionally complexfactual issues
I'{eed for discovery outside the United States

(d)

Other:
Pleaseprovide a brief statement in support of each of the
:
reasonsidentified above

7.

If any party is requesting that discoverybe limited to particular
issuesor conductedin phases,please
(d

(b)

8.

Identify the party or parties requesting such limits:

State the nature of any proposedlimits:

The Local Rules provide, and the Court generally imposes,the
followine 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 Ru1e26(f)
conference

Last day to furnish expert witness
report by a defendant

90 days after Rule 26(f)
(or
conference
60 days
after the answerl
whichever is later)

Last dav to frle motions

30 days after close of
discovery

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

(b)

q

Identify the party or parties requesting the modification:

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

Ifthe caseinvolves electronicdiscoverv.
(d

State whether the parties have reacheqan agreemenr
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 describethe 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 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 ofprivilege or
protection after production of either electronic or other
discoverymaterial:

(b)

Briefly describethe terms of any agreementthe parties wish
to have memoralizedin the schedulingorder (or attach any
separateproposedorder which the parties are requesting
the Court to enter addressingsuch matters):

(c)

Identify any issuesregarding 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 signaturesbelow that they have
discussedthe nature and basis oftheir claims and defenses
and

the possibilities for prompt settlement or resolution of the case.
Pleasestate any specificproblemsthat have created a Lrindrance
Lothe seLtLement the case:
of

This

day of

20

Signed:
Attorney for Platntiff

Attorney for Defendant