O'Connell v. Associates in OB/GYN Care, LLC et al

Filing 99

ORDER granting 84 MOTION to Vacate Default Judgment and Request for Hearing. Signed by Judge J. Frederick Motz on 6/16/2017. (Attachments: # 1 Tentative Scheduling Order) (kw2s, Deputy Clerk)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
CHRISTY T. O'CONNELL

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Plaintiff(s)

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Civil Action No. JFM-14-I339

vs.

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STEVEN C. BRIGHAM, M.D., ET AL.

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Defendant(s)

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TENTATIVE SCHEDULING

ORDER

This scheduling order is being entered pursuant to Local Rule 103.9. Any inquiries
concerning the schedule should be directed to my chambers, not to the Clerk's Office.
Any
party who believes that any deadline set forth in this Scheduling Order is unreasonable may
request in writing a modification of the Order or that a conference be held for the purpose of
seeking a modification of the Order, and any such request must be made on or before the first
date set forth in Paragraph I below. Thereafter, the schedule will not be changed except for
good cause.
This case is subject to electronic filing. Please familiarize yourself with the procedures
for electronic tiling available at: www.mdd.uscourts.gov.
You must use the electronic filing
system for filing documents with the Clerk and sending case related correspondence to
chambers. When you electronically file a document that, including attachments, is 15 pages
or longer, you also must provide a paper copy of the document and a paper copy of the
notice of electronic filing. The paper copy should be sent to the Clerk's Office, not directly to
my chambers.

I. DEADLINES
July 13,2017:

Deadline for requests for modification of initial
Scheduling Order

July 13,2017:

Joint
request
for
early
settlcmentlADR
conference (This request will not postpone
discovery unless otherwise ordered.)

July 13,2017:

Report about deposition hours

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July 13,2017;

Initial report whether there is unanimous consent
to proceed before a United States Magistrate
Judge

July 13,2017;

Deadline for conference about discovery of
electronically stored information.
(If either or
both parties intend to take such discovery, before
the conference counsel should review the
Principles for the Discovery of Electronically
Stored Information in Civil Cases prepared by a
Joint bench/bar committee published on the
court's website.)

August 14,2017;

Moving for joinder of additional
amendment of pleadings

August 28, 2017;

Plaintiffs Rule 26(a)(2) disclosures

September 27,2017;

Defendant's Rule 26(a)(2) disclosures

October 11,2017;

Plaintiffs rebuttal Rule 26(a)(2) disclosures

October 18,2017:

Rule 26( e)(2) supplementation of disclosures and
responses

November 13,2017;

Discovery deadline; submission of status report

November 20, 2017;

Requests for admission

December 11,2017;

Dispositive pretrial motions deadline

parties and

II. DISCOVERY
Initial Disclosures
This is an action in which Fed. R. Civ. P. 26(a)(I) disclosures need not be made.
Discovery Conference
This action is exempted from the requirements of Fed. R. Civ. P. 26(d)(I) and from Fed.
R. Civ. P. 26(1). However, you are encouraged to confer with one another immediately in order
to; (a) identify the issue(s), (b) set a discovery plan, (c) determine if the case can be resolved
before your clients incur further litigation expense, (d) discuss any issues about preserving
discoverable information, and (e) establish a cordial professional relationship among yourselves.

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Procedure
All the provisions of Local Rule 104 apply, including the following:
a.
All discovery requests must be served in time to assure that they are
answered before the discovery deadline. An extension of the deadline will not be
granted because of unanswered discovery requests.
b.
The existence of a discovery dispute as to one matter does not justify
delay in taking any other discovery. The filing of a motion to compel or a motion
for a protective order will not result in a general extension of the discovery
deadline.
c.
No discovery materials, including
disclosures, should be filed with the court.

Rule 26(a)(l)

and Rule 26(a)(2)

d.
Motions to compel shall be filed in accordance with Local Rule 104.8 and
applicable CM/ECF procedures.
c.
Please be familiar with the Discovery Guidelines of this Court which are
Appendix A to the Local Rules. Appendix D contains guidelines for form
discovery requests and confidentiality orders that may be helpful to you.
Deposition Hours
Please confer with one another immediately concerning the number of hours of
depositions which you believc are appropriate. If I have not heard from you by the date set forth
in Section I of this order, each side shall be limited to 15 hours of depositions of fact witnesses
(including parties). (If you agree to another number of deposition hours and notify me of your
agreement, you may consider your agreement approved unless you hear from me to the contrary
within 10 days.) If there are two or more parties on a particular side, they must share the
deposition time allotted to their side unless upon your request I otherwise rule. Any colloquy
engaged in by counsel shall bc counted against hislher client's deposition time.

III. STATUS REPORT

The parties shall file on the day of the discovery deadline a status report covering the
following matters:
a.

Whether discovery has been completed;

b.

Whether any motions are pending;

c.

Whether any party intends to file a dispositive pretrial motion;

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d.
Whether the case is to be tried jury or non-jury and the anticipated length
oftrial;
e.
A certification that the parties have met to conduct serious settlement
negotiations; and the date, time and place of the meeting and the names of all
persons participating therein;
f.
Whether each party believes it would be helpful to refer this case to
another judge of this court for a settlement or other ADR conference, either before
or after the resolution of any dispositive pretrial motion;
g.
Whether all parties consent, pursuant to 28 U.S.C. S 636(c), to have a U.S.
Magistrate Judge conduct all further proceedings in this case, either before or
after the resolution of any dispositive pretrial motion, including trial (jury or nonjury) and entry of tinal judgment.
h.
Any other matter which you believe should be brought to the court's
attention.

IV. DISPOSITIVE PRETRIAL MOTIONS
If more than one party intends to file a summary judgment motion, the provisions of
Local Rule I OS.2.c apply.
After motions and responses thereto have been tiled, I will advise you if a hearing is to be
scheduled.

V. STATUS AND PRETRIAL CONFERENCES
I will set a scheduling conference after the status report has been tiled, unless that report
indicates that one or more of you intends to file a dispositive pretrial motion. In the latter event I
will not set a scheduling conference until after I have ruled upon the motion (or the dispositive
pretrial motion deadline passes without the anticipated motion being filed).
At the scheduling conference:
a.
I will set a deadline for submitting the pretrial order, motions in limine,
proposed voir dire questions and proposed jury instructions;
b.

I will set a pretrial conference date and a trial date; and

c.
I will ask you whether a settlement or other ADR conference with a
judicial officer would be useful, and whether all parties would consent to trial
(jury or non-jury) before a U.S. Magistrate Judge. Please confer with your
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client about these matters before thc conference so that you are in a position
to respond.

VI. ATIORNEYS'

FEES

In any case where attorneys' fees may be sought by the prevailing party, counsel must be
familiar with the provisions of Local Rule 109.2 and the Rules and Guidelines for Determining
Attorneys' Fees in Certain Cases which are Appendix B to the Local Rules.

VII. COMPLIANCE WITH LOCAL RULES AND CM/ECF PROCEDURES
The court will demand compliance with the Local Rules and CM/ECI' procedures. If you
need to obtain a copy of the Local Rules or the CM/ECF procedures, they are available on our
website at www.mdd.uscourts.gov.

VIII. COMPLIANCE WITH PRIV ACY PROTECTION RULE
Counsel are reminded that the Fcderal Rules of Civil Procedurc were amended, effective
Dccember I, 2007, with the addition of a new Rule 5.2 which has detailed requirements
requiring the redaction of filings with this court that contain an individual's social security
number, tax payer identification number, or birth date, the name of an individual known to be a
minor, or a financial account number. It is essential that counsel comply with this rule and with
the revised version of the Judicial Conference Privacy Policy adopted in March 2008. For
further information on the Judicial Conference Privacy Policy see:
http://www .mdd. uscourts. gov/news/ncws/pri vac y memo. pd f

Date: (:1ick here to enter a dale.
J. Frederick Motz
United States District Judge

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Dear Counsel:
Many members of our bar have expressed concern about the obstacles our Local Rules
and practices present to timely, efficient, and inexpensive resolution of discovery disputes. In
order to address these concerns, some chambers have implemented a "call-in"program for the
resolution of discovery disagreements.
I will make myself available by telephone to resolve emergency discovery disputes and
other discovery issues that do not require extensive briefing. The following procedures will
apply:
I. Before requesting a hearing, counsel must give opposing counsel at least twenty-four
hours notice of their intent to do so.
2. Counsel involved in the discovery dispute should electronically file by 4:00 p.m. on
the day before the hearing short letters (not to exceed two pages) setting forth their respective
positions.
3. It is the responsibility
call at the prescribed time.

of counsel who request the hearing to arrange for a conference

4. I will not have a record made of the hearing. Ifany of you want a record to be made,
it will be your responsibility to have a court reporter present in your office or to arrange for the
hearing to be tape recorded. Of course, in either event you must advise me and opposing counsel
at the commencement of the hearing that a record is being made.
I will do my best to resolve as many disputes as I can in this informal manner. If,
however, I determine that the issues are too complicated for me to do so, after hearing from you [
will direct that the procedures for formal briefing be followed.
The "call-in hour" program does not displace my existing practice of making myself
available whenever I can to resolve disputes as they arise during the course of a deposition. [
will continue to follow that practice as well.
Very truly yours,

/s/

J. Frederick Motz
United States District Judge