Brannen v. Husqvarna Consumer Outdoor Products, N.A., Inc.

Filing 5

RULE 26 INSTRUCTION ORDER. Signed by Magistrate Judge Brian K. Epps on 1/14/16. (cmr)

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RULE 26 INSTRUCTION ORDER
Federal Rule of Civil Procedure26(f) requires the parlies to confer, develop a
to
proposeddiscoveryplan, and submit a report to this Court. Subsequent the filing of the
report,a SchedulingOrder must be enteredpursuantto Fed.R. Cir'. P. 16(b). Therefore,by
the earlier of twenty-one (21) days after the filing of the last answer of the defendants
by
namedin the original complaint or forty-five (45) days after the first appearance answer
or motion under Fed. R. Civ. P. 12 of a defendantnamed in the original complaint, the
parliesshall confer asprovided in FederalRule 26(1). SeeL.R.26.1(a).' Thereafter,
within
heidpursuant Rule 26(f), the partiesshall
to
fourteen (14) days afterthe requiredconference
and format of the Ruie 26(t)
submitto the Court a written reportconformingto the language
to
Report attached this Order outlining their discoveryplan. SeeL.R. 26.1(b).
Except in unusually profiacted or complex cases,the parties will be expectedto
adhereto the following deadlinesand limitations:
1.

The parties shall sen'eall written discoveryon opposingpartiesand
within 140 days ofthe filing ofthe last
shail completeall depositions
namedin the original complaint. SeeL.R.
answerof the defendants

26.1(dxi).
2.

The plaintiff must fumish the exoertwitnessreportsrequiredby
Rule26(a)(2)
within60daysaftertheRule 26(f1conference.
Federal
See
L.R.26.1(dXiD.

I The Local Rules may be found on the Court's websiteat www.gasd.uscourts.gov.

i

J.

The defendantmust fumish the expert witness reoortsrequired b,v
FederalRule 26(a)(2)within 90 days afterthe Rule 26(f) conference
(or 60 days after the answer, whichever is later). See L.R.

26.1(dxiiD.
4.

The last day for filinq motions to add or join partiesor arnendthe
plcadilgg is 60 days after the first answer ofthe defendantsnamedin
the originalcomplaint.SeeL.R. 16.3.

5.

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

that a copy ofthis Order
Plaintiff s counsel,or, ifapplicable,thepro se plaintiff, shall ensure
ofthe otherparry
is servedupon all parties. Finally, a party who cannotgain the cooperation
in preparingthe Rule 26(f) Report shouldadvisethe Court prior to the due dateofthe report
ofthe otherparty's failure to cooperate.
SO ORDERED.

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BRIAN K, EPPS /
lll.{ITED STATES\trAGISTRATE
JL]DGE

DISTRICTCOURT
UNITED STATES
DISTRICTOF GEORGIA
SOUTHERN
DIVISION

Plaintiff
CaseNo.

Defendant

)

RTiLE26(O REPORT
1.
4-

Date of Rule 26(f) conference:
Parties or counsel who participated in conferencei

3.

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

4.

Date the Rule 26(aX1) disclosureswere made or wiII be made:
If any party objects to making the initiai disclosuresrequired by
Rule 26(d(1) or proposeschangesto the timing or form of those
disclosures,
(a) Identify the party or parties making the objection or
proposal:

G)

Specifi' the objection or proposal:

o-

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:

6)

State the number of months the parties are requesting for
discovery:

months
(cJ

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 discoverv outside the United States

(0

Other:
Please provide a brief statement in support of each ofthe
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 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 issueis joined

Last day to furnish expert witness
report by plaintiff

60 days after Rule26(fl

Last day to furnish expert witness
report by a defendant

90 days after Rule 26(fl

conference

conference(or
60 days
after the answer,
whichever is ]ater)

Last dav to file motions

30 days after closeof
discovery

If any party requests a modification of any ofthese 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 caseinvolves 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 oriler,
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 agreementi

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 addressinqsuch matters):

(c)

Identify any issues regarding claims of privilege or
protection as to which the parties have been unable to reach
an agreementl

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 of their claims and defensesand

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

This -

day of

20

Signed:
Attorney for Plaintiff

Attorney for Defendant