Barr v. Board of Regents of the University System of Georgia

Filing 28

ORDERED that the parties have offered no good cause for either their delayed filing of the 26(f) Report or their failure to seek discovery in the meantime, they shall complete discovery in this case by no later than January 24, 2020. Initial disclosu res shall be exchanged by November 15, 2019. A status report shall be filed with the Court on February 7,2020. All civil motions, including Daubert motions, but excluding motions in limine, shall be shall filed by February 21, 2020. Any motions to extend the deadlines established in this Order must be supported by good cause re 25 Order. Signed by Magistrate Judge Christopher L. Ray on 11/6/19. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
ALEX BARR,
Plaintiff,
v.
NICHOLAS SILBERG,

Defendant.

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CV417-203

ORDER
The parties conducted a conference pursuant to Federal Rule of
Civil Procedure 26(f) on June 17, 2019. The Court directed the parties to
file a Rule 26(f) report within seven days of that conference; however, the
parties filed that report 140 days later and after prompting by this Court.
Doc. 19 at 3–4. Though the parties have provided a response to the
Court’s show cause order, they have neither offered a satisfactory reason
for their delay nor have they advised the Court as to what discovery steps
have been taken in the interim or, indeed, that anything has stymied
their best efforts to prosecute their case. Doc. 27.
Local rules require discovery to be completed within 140 days of the
filing of the last answer of the defendants named in the original

complaint. Loc. R. 26.1(d). These deadlines shall not be extended except
upon a specific showing of good cause and an order of the Court. Fed. R.
Civ. P. 16(b)(4). The showing of good cause necessary to obtain an
extension of deadlines requires a specific showing of what the
parties have accomplished to date in discovery, what remains to
be accomplished, and why the parties have not been able to meet
the Court’s deadlines. Bare boilerplate assertions such as “the parties
have diligently pursued discovery to date, but additional time is
necessary”

do

not

suffice

to

establish

good

cause.

Mere

acknowledgements of forgetfulness and negligence, as is the case now,
are even less compelling.
As the parties have offered no good cause for either their delayed
filing of the 26(f) Report or their failure to seek discovery in the
meantime, they shall complete discovery in this case by no later than
January 24, 2020. Initial disclosures shall be exchanged by November
15, 2019. A status report shall be filed with the Court on February 7,
2020.1

All civil motions, including Daubert motions, but excluding

A Post-Discovery Status Report Form for Judge Baker’s cases is available on the
Court’s website www.gas.uscourts.gov under “forms.” The parties are directed to use
the content and format contained in this Form when reporting to the Court.
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motions in limine, shall be shall filed by February 21, 2020. Any motions
to extend the deadlines established in this Order must be supported by
good cause.2
SO ORDERED, this 6th day of November, 2019.

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HRISTOPHER
R T P
CHRISTOPHER L. RAY
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

Should any party seek an extension of these deadlines or seek the extension of any
other deadline in this case (including an extension of a deadline to respond to a motion
or file any other pleading), the party should first contact all other party and
determine if the other party joins in, consents to, or opposes the request for an
extension. When filing the motion for an extension, the party requesting the
extension must state in their motion for an extension whether the other party joins
in, consents to, or opposes the request for an extension.
2