Opinion
23-cv-00057
05-16-2023
Stewart v. Shelton
RULE 26 INSTRUCTION ORDER
BRIAN K. EPPS, UNITED STAINS MAGISTRATE JUDGE
In a case originally filed in this district, the parties shall confer as provided in Federal Rule of Civil Procedure 26(f) by the earlier of sixty days after any defendant has been served with the complaint or forty-five days after any defendant has appeared. L.R. 26.1(a). In removed cases, the parties shall confer within twenty-one days from the later of the date of removal or filing of the last answer, but in no event later than forty-five days after first appearance by answer or Rule 12 motion of any defendant named in the original complaint. L.R. 26.1(e). In cases transferred from another district, the parties shall confer within twenty-one days of the case docketing in this district. L.R. 26.1(f).
The Local Rules may be found on the Court's website at www.gasd.uscourts.gov.
Within fourteen days after the Rule 26(f) conference, the parties shall complete and file the attached Rule 26(f) report. L.R. 26.1(b). A copy of this form in fillable format can be found by following this link: https://www. gasd.uscourts. gov/sites/gasd/files/rule26f.pdf. A party who cannot gain the cooperation of the other party in preparing the report should advise the Court prior to the filing deadline.
SO ORDERED.
RULE 26(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 States
____ Other: ____________________________________________
(d) Please provide a brief statement in support of each of the reasons identified above: ________________________________________________________________
7. If any party is requesting that discovery be limited to particular issues or conducted in phases, please
(a) Identify the party or parties requesting such limits: ____________________________
(b) State the nature of any proposed limits____________________________
8. The Local Rules provide, and the Court generally imposes, the following deadlines^
Last day for filing motions to add 60 days after issue is joined or join parties or amend pleadings
Last day to furnish expert witness 60 days after Rule26(f) report by plaintiff conference
Last day to furnish expert witness 90 days after Rule 26(f) report by a defendant conference (or
60 days after the answer, whichever is later)
Last day to file motions 30 days after close of discovery
If any party requests a modification of any of these deadlines,
(a) Identify the party or parties requesting the modification:____________________________________________________________________________________
(b) State which deadline should be modified and the reason supporting the request:________________________________________________________
9. If the case involves electronic discovery,
(a) State whether the parties have reached an agreement regarding the preservation, disclosure, or discovery of electronically stored information, and if the parties prefer to have their agreement memoralized in the scheduling order, briefly describe the terms of their agreement: ________________________________________________________
(b) Identify any issues regarding electronically stored information as to which the parties have been unable to reach an agreement: ____________________________
10. If the case is known to involve claims of privilege or protection of trial preparation material,
(a) State whether the parties have reached an agreement regarding the procedures for asserting claims of privilege or protection after production of either electronic or other discovery material:________________________________________________________
(b) Briefly describe the terms of any agreement the parties wish to have memoralized in the scheduling order (or attach any separate proposed order which the parties are requesting the Court to enter addressing such matters):________________________________________________________
(c) Identify any issues regarding claims of privilege or protection as to which the parties have been unable to reach an agreement:____________________________
11. State any other matters the Court should include in its scheduling order:
12. The parties certify by their signatures below that they have discussed the nature and basis of their claims and defenses and the possibilities for prompt settlement or resolution of the case. Please state any specific problems that have created a hindrance to the settlement of the case:____________________