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ROBERTS v. OCWEN HOME LOAN SERVICING, LLC, CV414-084. (2014)

Court: District Court, S.D. Georgia Number: infdco20140429b80 Visitors: 10
Filed: Apr. 28, 2014
Latest Update: Apr. 28, 2014
Summary: GENERAL ORDER G.R. SMITH, District Judge. 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
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GENERAL ORDER

G.R. SMITH, District Judge.

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:

1. 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)(iii). 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.

Plaintiffs 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.

Source:  Leagle

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