Filed: May 18, 2018
Latest Update: May 18, 2018
Summary: ORDER BRIAN K. EPPS , Magistrate Judge . Defendants filed motions to dismiss Plaintiff's amended complaint on November 17, 2017, and December 15, 2017, (doc. nos. 30, 35), and requested a stay of discovery pending the Court's ruling on the motions (doc. no. 36). The Court granted a stay of discovery pending the presiding District Judge's ruling on the motions to dismiss. (Doc. no. 38.) The Court instructed the parties to "file, within seven days of the ruling, a supplemental Rule 26(f) Repo
Summary: ORDER BRIAN K. EPPS , Magistrate Judge . Defendants filed motions to dismiss Plaintiff's amended complaint on November 17, 2017, and December 15, 2017, (doc. nos. 30, 35), and requested a stay of discovery pending the Court's ruling on the motions (doc. no. 36). The Court granted a stay of discovery pending the presiding District Judge's ruling on the motions to dismiss. (Doc. no. 38.) The Court instructed the parties to "file, within seven days of the ruling, a supplemental Rule 26(f) Repor..
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ORDER
BRIAN K. EPPS, Magistrate Judge.
Defendants filed motions to dismiss Plaintiff's amended complaint on November 17, 2017, and December 15, 2017, (doc. nos. 30, 35), and requested a stay of discovery pending the Court's ruling on the motions (doc. no. 36). The Court granted a stay of discovery pending the presiding District Judge's ruling on the motions to dismiss. (Doc. no. 38.) The Court instructed the parties to "file, within seven days of the ruling, a supplemental Rule 26(f) Report containing proposed, date-certain deadlines for the completion of all discovery and filing civil motions." (Id. at 2.) On May 10, 2018, the presiding District Judge granted in part and denied in part Defendants' motions to dismiss. (Doc. no. 39.)
More than seven days have passed since the presiding District Judge's ruling, yet the parties have not submitted a proposed schedule. 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.
RULE 26(f) REPORT
1. Date of Rnle 26(0 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 fihng motions to add 60 days after issue is joined
or join parties or amend pleadings
Last day to furnish expert witness 60 days after Rule26(0
report by plaintiff conference
Last day to furnish expert witness 90 days after Rule 26(£)
report by a 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 memoralized 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 memoralized in the scheduhng order (or attach any separate proposed order which the parties are requesting the Court to enter addressing such matters):F _______________________________________________________________
(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 scheduhng 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: ______________________________________________
A ttorney for Plain tiff
______________________________________________
Attorney for Defendant
