McKnight v. The United States of America

Filing 4

GENERAL ORDER: Report of Rule 26(f) planning meeting. Signed by Magistrate Judge G. R. Smith on 11/17/2015. (loh)

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FILED

U.S. DISTRICT CO
SAVANNAH DI
IN rjijjj UNITED STATES DISJ9f
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SO.
CASE

NO.CV_415-311

GENERAL ORDER
Federal Rule of Civil Procedure 26(f) requires the parties to
confer, develop a proposed discovery plan, and submit a report to this
Court. Subsequent to the filing of the report, a Scheduling Order
must be entered pursuant to Fed. R. Civ. P. 16(b). Therefore, by the
earlier of 21 days after the filing of the last answer of the defendants
named in the original complaint or 45 days after the first appearance
by answer or motion under Fed. R. Civ. P. 12 of a defendant named in
the original complaint, the parties shall confer as provided in Rule
26(f). L.R. 26.1(a). Thereafter, within 14 days after the required
conference held pursuant to Rule 26(f), the parties shall submit to the
Court a written report conforming to the language and format of the
Rule 26(f) Report attached to this Order outlining their discovery
plan. L.R. 26.1(b).

Except in unusually protracted or complex cases, the parties will be
expected to adhere to the following deadlines and limitations:
The parties shall serve all written discovery on opposing
parties and shall complete all depositions within 140 days of
the filing of the last answer of the defendants named in the
original complaint. L.R. 26.1(d)(i).
2.

The plaintiff must furnish the expert witness reports and
disclosures required by Rule 26(a)(2) within 60 days after the
Rule 26(f) conference. L.R. 26.1(d)(ii).

3.

The defendant must furnish the expert witness reports and
disclosures required by Rule 26(a)(2) within 90 days after the
Rule 26(f) conference (or 60 days after the last answer,
whichever is later). L.R. 26.1(d)(iii).

4.

The last day for filing motions to add or join parties or
amend the pleadings is 60 days after the first answer of the
defendants named in the original complaint. L.R. 16.3.

5.

The last day for filing all other motions, including Daubert
motions but excluding motions in limine, is 30 days after the
close of discovery. L.R. 7.4.

Plaintiff's counsel shall ensure that a copy of this Order is served upon each
party. Finally, a party who cannot gain the cooperation of the other party
in preparing the Rule 26(f) report should advise the Court prior to the due
date of the report of the other party's failure to cooperate.
SO ORDERED.

z2g:~-W-k

JUDGE

SOtTD[ERN DISTRICT of GEORGIA

2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
DIVISION
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Plaintiff

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V.

Case No.

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Defendant

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RULE 26(f) REPORT
1

Date of Rule 26(f) conference:

2.

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) disclosures were made or will be made:

5.

If any party objects to making the initial disclosures required by
Rule 26(a)(1) or proposes changes to the timing or form of those
disclosures,

(a)

(b)

6.

Identify the party or parties making the objection or proposal:

Specify the objection or proposal:

The Local Rules provide a 140-day period 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 parties
Unusually large number of claims or defenses
Unusually large number of witnesses
Exceptionally complex factual issues
Need for discovery outside the United States

Other:
(d) 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
issues or conducted in phases, please
(a)

Identify the party or parties requesting such limits:

(b)

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
reports and disclosures by plaintiff

60 days after Rule26(f)
conference

90 days after Rule 26(f)
Last day to furnish expert witness
reports and disclosures by defendant conference (or 60 days
after the answer, whichever
is later)
Last day to file motions

30 days after close of
discovery

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

Identify the party or parties requesting the modification:

(b)

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 memorialized in the scheduling order,
briefly describe the 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 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 procedures for 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 memorialized in the scheduling order (or attach any
separate proposed order 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
discussed the nature and basis of their claims and defenses and 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

2 20—.

Signed:
Attorney for Plaintiff

Attorney for Defendant