Filed: Dec. 01, 2017
Latest Update: Dec. 01, 2017
Summary: ORDER BRIAN K. EPPS , Magistrate Judge . The above-captioned case was filed on July 21, 2017, and Defendant filed a motion to dismiss on September 29, 2017. (Doc. nos. 1, 7.) The deadline for the parties to confer as provided in Federal Rule of Civil Procedure 26(f) and then submit a joint 26(f) Report as set forth in the Court's prior Order has passed. ( See doc. no. 2.) However, no Rule 26(f) Report has been filed. The pendency of the motion to dismiss before the presiding District Judge
Summary: ORDER BRIAN K. EPPS , Magistrate Judge . The above-captioned case was filed on July 21, 2017, and Defendant filed a motion to dismiss on September 29, 2017. (Doc. nos. 1, 7.) The deadline for the parties to confer as provided in Federal Rule of Civil Procedure 26(f) and then submit a joint 26(f) Report as set forth in the Court's prior Order has passed. ( See doc. no. 2.) However, no Rule 26(f) Report has been filed. The pendency of the motion to dismiss before the presiding District Judge ..
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ORDER
BRIAN K. EPPS, Magistrate Judge.
The above-captioned case was filed on July 21, 2017, and Defendant filed a motion to dismiss on September 29, 2017. (Doc. nos. 1, 7.) The deadline for the parties to confer as provided in Federal Rule of Civil Procedure 26(f) and then submit a joint 26(f) Report as set forth in the Court's prior Order has passed. (See doc. no. 2.) However, no Rule 26(f) Report has been filed. The pendency of the motion to dismiss before the presiding District Judge does not excuse the parties' obligation to confer pursuant to Federal Rule 26.
Accordingly, the Court ORDERS the parties to conduct a conference within fourteen days of the date of this Order, and to file a joint 26(f) Report within seven days of the date of the conference.
The Court DIRECTS the CLERK to attach the standard "RULE 26(f) REPORT" to this Order.
SO ORDERED.
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
CASE NO. _________________________
RULE 26 INSTRUCTION ORDER
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, the parties shall confer as provided in Federal Rule 26(f) by the earlier of 60 days after any defendant has been served with the complaint or 45 days after any defendant has appeared. See L.R. 26.1(a).1 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. See 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. See L.R. 26.1(d)(i).
2. The plaintiff must furnish the expert witness reports required by Federal Rule 26(a)(2) within 60 days after the Rule 26(f) conference. See L.R. 26.1(d)(ii).
3. The defendant must furnish the expert witness reports required by Federal Rule 26(a)(2) within 90 days after the Rule 26(f) conference (or 60 days after the answer, whichever is later). See 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. See L.R. 16.3.
5. The last day for filing all other motions, excluding motions in limine, is 30 days after the close of discovery. See L.R. 7.4.
Plaintiff's counsel, or, if applicable, the pro se plaintiff, shall ensure that a copy of this Order is served upon all parties. 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.
BRIAN K. EPPS
UNITED STATES MAGISTRATE JUDGE
