Tyson v. Walker et al

Filing 4

RULE 26(f) ORDER. Signed by Magistrate Judge Benjamin W. Cheesbro on 5/13/2024. (gmh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
WAYCROSS DIVISION

LISA TYSON,
Plaintiff,

CIVIL ACTION NO.: CV 524-034

v.
JULIAN WALKER, and the
UNITED STATES OF AMERICA, acting
through, THE UNITED STATES
DEPARTMENT OF AGRICULTURE,
Defendants.

RULE 26 INSTRUCTION ORDER
The above-captioned case having recently been filed in this Court, the Court issues the
following Order to provide instructions to the parties regarding their initial discovery obligations
and to institute initial case management proceedings.
I.

Rule 26(f) Conference
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 Federal Rule of Civil Procedure 16(b). Therefore,
by the earlier of: (1) sixty (60) days after any defendant has been served with the complaint;
or (2) forty-five (45) days after any defendant has appeared, the parties shall confer as provided

in Rule 26(f). See Local R. 26.1(a).1 For removed cases, the parties shall be guided by the
deadlines in Local Rule 26.1(e).
During the Rule 26(f) Conference, the parties shall discuss the nature and bases of their
claims and defenses, the possibilities for a prompt settlement or resolution of the case, and the
scope, type, manner, and costs of discovery. In addressing settlement or early resolution of the
case, counsel shall not only explore the feasibility of alternative dispute resolution between
themselves but shall also discuss the potential for settlement and alternative dispute
resolution with their clients as well. The parties shall also make or arrange for the disclosures
required by Rule 26(a)(l) and develop their joint proposed scheduling/discovery plan. The parties
shall use the updated Form Rule 26(f) Report for use in Judge Wood/Judge Cheesbro cases as a
guide for their conference. These are only the minimum requirements for the meeting. The Court
orders the parties to have a comprehensive discussion and to approach the meeting in good faith
and with cooperation.
II.

Rule 26(f) Report
Within fourteen (14) days after the required Rule 26(f) Conference, the parties shall

submit to the Court a written Report outlining their discovery plan. See Local R. 26.1(b). The
Report shall conform to the language and format of the Form Rule 26(f) Report for use in Judge
Wood/Judge Cheesbro cases located on the Court’s website www.gasd.uscourts.gov under
“Forms.”2 The parties should use that Form, as well as this Instruction Order, to guide their
discussion at their Rule 26(f) Conference.

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The Rule 26(f) Conference may be held telephonically and should be attended by any unrepresented
parties and counsel for any represented parties.
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The parties must use the current version of this Form located on the Court’s website when preparing their
Report. When using this fillable Word document, the parties are reminded to follow the Court’s procedures
for electronic filings, detailed below in Section VI. Specifically, counsel shall not print and then scan the
Rule 26(f) Report before filing but should instead directly convert the completed report into a text2

The parties shall work together to prepare the Report, and the deadlines in the Report
should be mutually agreeable, with a view to achieving resolution of the case with minimum
expense and delay. To the extent the parties cannot agree on an item in the Report, they shall so
indicate in the Report. A party who cannot gain the cooperation of any other party in preparing
the Rule 26(f) Report should advise the Court of the other party’s failure to cooperate prior to the
Report filing deadline.
Should any party seek a stay of discovery or their obligation to file the Rule 26 Report or
seek the extension of any other deadline in this case (including an extension of discovery or of a
deadline to respond to a motion or to file any other pleading), the party should first contact all
other parties and determine if the other parties join in, consent to, or oppose the request. When
filing a motion seeking a stay or an extension, the moving party must state in its motion whether
the other parties join in, consent to, or oppose the request.
III.

Electronically Stored Information
During the Rule 26(f) Conference, the parties shall specifically discuss the preservation

and production of electronically stored information. That discussion shall include, as to each party:
A.

The electronic sources and records the party maintains and how the party’s
electronic data and records are stored;

B.

The electronic sources and records each party will search and the method of
search that will be used (including any search terms);

C.

The difficulty/ease of retrieving various data and information and who will
bear the costs of retrieval and production;

D.

The format and media agreed to by the parties for the production of
electronically stored information (including any production of meta-data),
as well as agreed procedures for such production;

E.

The persons most familiar with the party’s computer and electronic storage
system and the persons who are responsible for preservation of

searchable PDF for filing.
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electronically stored information, including any third parties who may have
access to or control over any such information;

IV.

F.

Whether reasonable measures have been implemented to preserve data,
including the party’s document retention/destruction policy, whether the
party has placed a “litigation hold” preventing destruction of potentially
relevant records, and whether the issuance of a preservation order is
required; and

G.

The extent to which search and disclosure of electronic data should be
limited to that which is available in the normal course of business or
otherwise and the anticipated scope, cost, and time required for search and
disclosure of such information beyond that which is available in the normal
course of business.

Privileged, Protected, or Confidential Information
During the Rule 26(f) Conference, the parties shall discuss specifically the discovery and

production of privileged, protected, or confidential information. That discussion shall include:

V.

A.

The methods the parties will employ to assert claims of privilege,
protection, or confidentiality, including the form and substance of any
privilege logs;

B.

Whether the parties anticipate discovery issues or challenges arising from
non-disclosure of allegedly privileged, protected, or confidential
information;

C.

Whether reasonable date ranges should be established for which privilege
log entries for privileged, protected, or confidential information need not be
made;

D.

Whether the parties will request a protective order to prevent the further
release of information disclosed in discovery; and

E.

As contemplated by Rule 502(e) of the Federal Rules of Evidence, whether
there is a need for the terms of any agreement regarding disclosure of
privileged attorney-party communications or confidential work product to
be incorporated into a court order and whether the parties will seek court
approval of any such agreement.

Scheduling Conference
The Court may hold a Scheduling Conference after receipt of the parties’ Rule 26(f) Report

and before issuing a Scheduling Order. At that conference, the Court will discuss in detail the

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parties’ proposed discovery plan and scheduling order, as well as any issues the parties raise in
their Rule 26(f) Report.

This Conference need only be attended by counsel and by any

unrepresented parties. Ordinarily, the Court will allow appearance at the Scheduling Conference
via telephone. If a Scheduling Conference is necessary, it should be held no more than twenty
(20) days after the submission of the parties’ Rule 26(f) Report.
VI.

Form of Electronic Filings
The parties are directed to read and follow the Court’s revised Administrative Procedures

for Filing, Signing, and Verifying Pleadings and Papers by Electronic Means, available on the
Court’s website www.gasd.uscourts.gov under “For Attorneys” and “Administrative Procedures
for Electronic Filing.” Documents in their native format such as Word or WordPerfect must be
converted into a text-searchable PDF before filing. Most word processing applications allow
publishing or converting to PDF within the application. There are also commercial and free PDF
converters available for use. Participants should not print and scan electronic documents for
submission into CM/ECF. Documents should not be scanned prior to e-filing unless the original
documents are unavailable in electronic format or require original signature. Attachments not
available in electronic format shall be scanned by the filer into PDF format for electronic
submission. The participant is responsible for the legibility of the uploaded image. For assistance
with conversion or scanning, contact the CM/ECF Helpdesk at [phone] or
[e-mail].
VII.

Resolution of Discovery Disputes
It is hereby ORDERED that the following steps be undertaken by all parties prior to the

filing of any discovery motions. This includes any motions filed pursuant to Title V of the Federal
Rules of Civil Procedure, including but not limited to motions to compel, motions to quash,

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motions for a protective order, disputed motions for extensions of time to conduct discovery,
disputed motions for examination, or motions for discovery sanctions.

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A.

The parties are strongly encouraged to informally resolve all discovery
issues and disputes without the necessity of Court intervention. In that
regard, the parties are first required to confer and fully comply with Rules
26 and 37 of the Federal Rules of Civil Procedure and Local Rule 26.5 by
undertaking a sincere, good faith effort to resolve all differences without
Court action or intervention.

B.

In the event that reasonable, good faith efforts have been made by all parties
to confer and attempt to resolve any differences, without success, the parties
are then required to schedule a telephonic conference with the Magistrate
Judge in an effort to try to resolve the discovery dispute prior to the filing
of any motions.3 The parties shall exhaust the first two steps of the
process before filing any motions, briefs, memoranda of law, exhibits,
deposition transcripts, or any other discovery materials with the Court.

C.

If the dispute still cannot be resolved following a telephonic conference with
the Magistrate Judge, then the Court will entertain a discovery motion. In
connection with the filing of any such motions, the moving party shall
submit the appropriate certifications to the Court, as required by Federal
Rules of Civil Procedure Rules 26 and 37.

The Court will refuse to hear any discovery motion unless the parties have made a sincere,
good faith effort to resolve the dispute and there has been strict compliance with all of the aboveidentified steps. Failure to fully comply with all of the prerequisite steps may result in a denial of
any motion, with prejudice, and may result in an award of costs and reasonable attorney’s fees.

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The parties may schedule such a conference by contacting the Magistrate Judge’s Courtroom Deputy
Clerk.
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CONCLUSION
Plaintiff’s counsel, or if applicable, the pro se plaintiff, shall ensure that a copy of this
Order is served upon all parties without delay.
SO ORDERED, this 13th day of May, 2024.

_____________________________________
BENJAMIN W. CHEESBRO
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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