Filed: Jan. 07, 2016
Latest Update: Jan. 07, 2016
Summary: GENERAL ORDER G.R. SMITH , Magistrate 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.
Summary: GENERAL ORDER G.R. SMITH , Magistrate 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..
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GENERAL ORDER
G.R. SMITH, Magistrate 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)(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.
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA ___________ DIVISION
Plaintiff
v. Case No.
Defendant
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) Identify the party or parties making the objection or proposal:
__________________________________________________ __________________________________________________ __________________________________________________
(b) Specify the objection or proposal:
__________________________________________________ __________________________________________________ __________________________________________________
6. 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:
__________________________________________________ __________________________________________________ __________________________________________________
8. The Local Rules provide, and the Court generally imposes, the following deadlines:
Last day for filing motions to add 60 days after issue is joined
or join parties or amend pleadings
Last day to furnish expert witness 60 days after Rule 26(f)
reports and disclosures by plaintiff conference
Last day to furnish expert witness 90 days after Rule 26(f)
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:
__________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________
9. 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 ____, 20)).
Signed: __________________________________
Attorney for Plaintiff
__________________________________
Attorney for Defendant
