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Vega v. Solicitor General, Richmond County

United States District Court, S.D. Georgia, Savannah Division

April 28, 2017

Vega
v.
Solicitor General, Richmond County, State of Georgia et al.

          RULE 26 INSTRUCTION ORDER FOR REMOVAL CASES

          BRIAN K. EPPS UNITED STATES 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, within twenty-one (21) days of the date of filing of the notice of removal or within 21 days of the date of filing of the last answer of the defendants, whichever is later, but in no event later than forty-five (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). See L.R. 26.1(e).[1] Thereafter, within fourteen (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)(1).
2. The plaintiff must furnish the expert witness reports required by 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 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.

         Defendant's counsel 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.

         RULE26(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 ...


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