United States District Court, S.D. Georgia, Statesboro Division
Carol Winstead Make a Selection...
Warden Stanley Williams, Make a Selection...
RULE 26 INSTRUCTION ORDER.
STAN BAKER UNITED STATES MAGISTRATE JUDGE.
above captioned case having recently been filed in this
Court, the Court issues the following Order to provide
instructions to the parties regarding their initial discovery
obligations and to institute initial case management
Rule 26(f) Conference
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 Federal Rule of
Civil Procedure 16(b). Therefore, by the earlier of (1) sixty
(60) days after any defendant has been served with the
complaint; or (2) forty-five (45) days after any defendant
has appeared, the parties shall confer as provided in Rule
26(0- See L.R. 26.1(a).
the Rule 26(f) Conference, the parties shall discuss the
nature and bases of their claims and defenses, the
possibilities for a prompt settlement or resolution of the
case, and the scope, type, manner, and costs of discovery.
The parties shall also make or arrange for the disclosures
required by Rule 26(a)(1), and develop their joint proposed
scheduling/discovery plan. These are only the
minimum requirements for the meeting. The parties
are encouraged to have a comprehensive discussion and are
required to approach the meeting cooperatively and in good
faith. The discussion of claims and defenses shall be a
substantive, meaningful discussion. In addressing settlement
or early resolution of the case, counsel are required to
explore the feasibility of alternative dispute resolution not
only between themselves, but with their clients as well.
Rule 26 Report
fourteen (14) days after the required
conference held pursuant to Rule 26(f), the parties shall
submit to the Court a written Report of their Conference that
outlines their discovery plan. See L.R. 26.1(b). The Report
shall conform to the language and format of the Form Rule
26(f) Report for use in Chief Judge Wood/Judge Baker Rule
cases located on the Court's website
www.pas.uscourts.gov under "Forms." The
parties should use that Form as well as this Instruction
Order to guide their discussion at their Rule 26(f)
Conference. The parties should work together to prepare this
Report, and the deadlines in the Report should be mutually
agreeable, with a view to achieving resolution of the case
with a minimum of expense and delay. To the extent the
parties cannot agree on an item in the Report, they should so
indicate on the Report. A party who cannot gain the
cooperation of any 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.
any party seek a stay of discovery or of their obligation to
file the Rule 26 Report, or seek the extension of any other
deadline in this case (including an extension of discovery or
of a deadline to respond to a motion or file any other
pleading), the party should first contact all other parties
and determine if the other parties join in, consent to, or
oppose the request. When filing the motion for an extension,
the party requesting the extension must state in their motion
whether the other parties join in, consent to, or oppose the
request for a stay or an extension.
Electronically Stored Information
the Rule 26(f) Conference, the parties shall specifically
discuss the preservation and production of electronically
stored information. That discussion shall include, as to each
a. What electronic sources and records the party maintains
and how the party's electronic data and records are
b. The electronic sources and records each party will search,
and the method of search that will be used (including any
c. The difficulty/ease of retrieving various data and
information, and who will bear the costs of retrieval and
d. The format and media agreed to by the parties for the
production of electronically stored information (including
any production of meta-data) as well as ...