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Lawson v. Speight

United States District Court, S.D. Georgia

July 5, 2017

Lawson
v.
Speight et al.

          RULE 26 INSTRUCTION ORDER

          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, 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 ianguage 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 discover 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.l(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.l(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.

         Plaintiffs counsel, or, if applicable, thejpro 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.

         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 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 ...

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