United States District Court, S.D. Georgia
Auben Realty et al.
Bussey et al.
RULE 26 INSTRUCTION ORDER FOR REMOVAL CASES
K.EPPS UNITED STATES MAGISTRATE JUDGE
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). 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.
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.
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.
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 ...