United States District Court, S.D. Georgia
Hatcher et al.
Stuart et al.
RULE 26 INSTRUCTION ORDER FOR REMOVAL CASES
K. EPPS UNITED STATES MAGISTRATE JUDGE
Rule of Civil Procedure 26(0 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). 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).
in unusually protracted or complex cases, the parties will be
expected to adhere to the following deadlines and
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
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.
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.
of Rule 26(f) conference: ___
Parties or counsel who participated in conference: ___
any defendant has yet to be served, please identify the
defendant and ...