State Court of Fulton County
`**E-FILED**
`17EV005614
`11/26/2019 3:05 PM
`
`LeNora Ponzo, Clerk
`Civil Division
`
`IN THE STATE COURT OF FULTON COUNTY
`
`STATE OF GEORGIA
`
`ASPIRE AT WEST MIDTOWN
`
`APARTMENTS, LP,
`
`Plaintiff,
`
`V.
`
`NORSOUTH CONSTRUCTION
`
`COMPANY OF GEORGIA, INC.,
`
`HARRIS VENTURES, INC. d/b/a
`
`STAFF ZONE, and FIBERLOCK
`
`TECHNOLOGIES, INC. n/k/a ICP
`
`CONSTRUCTION, INC,
`
`Defendants.
`
`VVVVVVVVVVVVVVV
`
`CIVIL ACTION FILE
`
`NO. l7-EV—0056l4
`
`AMENDED CASE MANAGEMENT ORDER
`
`Pursuant to Judge Edlein’s Standing Order in E—File Cases, the parties conducted
`
`an early planning conference on June 27, 2019 with the following counsel (and/or pro se
`
`parties) in attendance:1
`
`Party
`
`Aspire at West Midtown Apartments, LP
`
`NorSouth Construction Company of
`Georgia, Inc.
`
`
`
`
`Counsel
`
`R. Daniel Douglass
`Stites & Harbison, PLLC
`2800 SunTrust Plaza
`
`303 Peachtree Street NE
`
`Atlanta, Georgia 30308
`Phone: 404—739-8807
`
`ddouglassga) stitescorn
`
`Ryan B. Wilhelm
`Lewis Brisbois Bisgaard & Smith LLP
`1180 Peachtree Street NE, Suite 2900
`
`Atlanta, Georgia 30309
`Phone: 404-348-8584
`
`Ryan.WilhelmgaDlewisbrisbois.com
`and
`
`1 Please also provide those parties (with answers on file) who failed to attend the early
`planning conference.
`
`473 944:4 :ATLANTA
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`

`

`Harris Ventures, Inc. d/b/a Staff Zone
`
`Fiberlock Technologies,
`Construction, Inc.
`
`Inc. n/k/a lCP
`
`L. Bruce Stout
`
`Attorney at Law
`7130 Cedar Knoll Drive
`
`Gainesville, Georgia 30506
`Phone: 404-932-3263
`
`bstoutgw;stoutlawatl.com
`
`Robert S. Thompson, Esq.
`Hawkins, Parnell Thackston & Young, LLP
`303 Peachtree Street, Suite 4000
`Atlanta, Georgia 30308—3243
`Phone: 404-614-7522
`
`rthompsongwhptylawcom
`Leslie K. Eason
`
`Steven Flynn
`Gordon Rees Scully Mansukhani LLP
`55 Ivan Allen Junior Boulevard, NW
`Suite 750
`
`Atlanta, GA 30308
`
`leasongQgrsmcom
`s'fl
`rsm.com
`
`Parties not in attendance: None.
`
`The parties having conferred in an effort to settle the case, discuss discovery, limit
`
`issues, and discuss other matters addressed by this Amended Case Management Order
`
`(“CMO”),
`
`IT IS HEREBY ORDERED that:
`
`limited to, written discovery,
`0 DISCOVERY (including, but not
`depositions, and any expert discovery) commenced on February 9, 2018
`pursuant
`to USCR 5.1
`and shall close on September 30, 2020.
`[Guidelinez
`Personal
`Injury — 6 months; Complex Personal
`Injury
`(including Wrongful Death) — 12 months; Medical Malpractice — 12
`months; Complex Medical Malpractice (including Wrongful Death) — 18
`months; Contract — 6 months; Complex Contract — 12 months; Other — 6
`months (12 months if Complex)] Basis for any departure from the
`.
`.
`.
`.
`2
`guideline or for “complex” deSIgnation:
`
`
`
`2 Complex cases involve large number of parties, large number of claims and defenses,
`highly technical and exceptionally complex issues and proof, multiple experts, greater
`
`473 944:4 :ATLANTA
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`

`

`This is a complex construction defect case involving standard of care
`issues and causation issues requiring expert testimony, insurance coverage
`questions that may require expert testimony, large dollar damages that
`may require expert
`testimony, numerous fact witness depositions and
`joinder of additional parties as defendants.
`The parties anticipate
`completing additional document production and fact witness depositions
`prior
`to expert discovery to the extent possible.
`The parties are
`coordinating discovery with a related insurance coverage lawsuit recently
`filed.
`
`- EXPERT DISCOVERY (if applicable): All expert discovery must be
`completed by the above discove1_'y deadline. The plaintiff(s) and third—
`party plaintiff(s) shall identify experts that are expected to testify at trial
`no later than June 4, 2020. Discovery depositions of all experts identified
`by the plaintiff(s) shall be completed no later than July 15, 2020. The
`defendant(s) shall identify experts that are expected to testify at trial no
`later than August 15, 2020. Discovery depositions of all experts identified
`by the defendant(s) shall be completed no later than September 15, 2020.
`The parties shall disclose any rebuttal experts within 45 days of the
`conclusion of the deposition of the expert to be rebutted, but no later than
`August 31, 2020, and shall make any rebuttal experts available for
`deposition no later than September 15, 2020.
`
`through the Office of Alternative Dispute Resolution
`0 MEDIATION,
`(ADR) of the Fulton County Courts (404.612.4549) or private mediator
`mutually agreed upon by the parties, shall be completed no later than 15
`days after the close of discovery, October 15, 2020.3 All parties are to
`participate in this mediation and make a good faith effort to resolve the
`issues involved in this case.
`In the event that the named parties and
`counsel do not have full settlement authority, those entities who do have
`authority shall attend the mediation along with parties and counsel.
`
`- DISPOSITIVE and/or RULE 702 MOTIONS shall be filed no later than
`
`thirty (30) days after the close of discovery. Prior to filing any Rule 702
`motion, the parties shall meet and confer in a good faith effort to resolve
`the evidentiary issue(s).
`
`
`
`than normal amount of documents and evidence (including electronically—stored
`information), problems locating and preserving documents and evidence (including
`electronically-stored information), and extensive discovery outside the State of Georgia.
`
`to a Judicially—Hosted Settlement
`the parties may request a referral
`3 Alternatively,
`Conference. Such request shall be directed to the Court’s Staff Attorney no later than
`ninety (90) days prior to the mediation deadline set by the CMO and shall set forth the
`reasons for the request.
`
`473944:4:ATLANTA
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`

`

`TRIAL BY JURY shall be set by placement on the Court’s Civil Jury
`Trial calendar approximately sixty (60) days after the close of discovery
`(if no motions pending) or on the next civil trial calendar after the Court’s
`order on any dispositive and/or Rule 702 motions. To request a special
`setting, the parties shall contact the Court’s Staff Attorney and state the
`basis for the request no later than the close of discovery.
`
`IT IS
`
`FURTHER ORDERED that
`
`the
`
`following PRACTICES
`
`and
`
`PROCEDURES govern this litigation:
`
`DISCOVERY DISPUTES — in addition to the obligations set forth by
`USCR 6.4(B), the parties shall meet and confer in person or by telephone
`in a good faith effort to resolve any discovery disputes and, in the event
`the parties are unable to resolve the disputes, contact the Court’s Staff
`Attorney to request a telephonic hearing with the Court, prior to filing any
`discovery motion.
`The Court will schedule a telephonic hearing,
`if
`appropriate, or instruct the parties to brief the matter.
`
`WITNESSES — the parties shall supplement the identification of witnesses
`(except for purposes of impeachment),
`in response to any applicable
`discovery request, no later than fifteen (15) days after the close of
`discovery.
`Failure to do so, absent extraordinary circumstances, will
`result in the exclusion of the unidentified or late-identified witness.
`
`COMMUNICATION WITH THE COURT — the parties may contact the
`Court’s Staff Attorney, Lisa Liang, at Lisa.Lianggdlfultoncountyga.gov, to
`inquire regarding any procedural
`issue (scheduling, case status, Court
`requirements, etc.) and/or to arrange a status conference or hearing.
`Unless instructed by the Court, the parties shall not submit letter briefs
`(including substantive emails addressing the merits) or “carbon copy” the
`Court on correspondence between the parties and addressing the merits.
`
`PROPOSED ORDERS and COURTESY COPIES — the parties shall e—file
`proposed orders and any courtesy copies of proposed orders (if requested)
`shall be emailed to the Court’s Staff Attorney in Word format. The parties
`are discouraged from submitting courtesy copies of briefs to the Court,
`unless specifically requested. The parties, however, may contact the
`Court’s Staff Attorney regarding any consent/joint filings or other filings
`necessitating prompt action by the Court.
`
`e—file
`ORIGINAL DEPOSITION TRANSCRIPTS — the parties shall
`scanned copies in lieu of original deposition transcripts and retain original
`deposition transcripts until specifically requested by the Court or trial.
`
`MFailure to comply with this CMO may result in sanctions, including striking of
`pleadings, imposition of attorneys’ fees, and exclusion of Witnesses and evidence.
`
`473 944:4 :ATLANTA
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`

`

`Except for EXTRAORDINARY cause shown and by Order of this Court,
`deadlines set forth by this CMO shall not be amended.
`
`the
`
`This 26th day of November, 2019.
`
`/s/Susan E. Edlein
`
`Susan E. Edlein
`
`Judge, State Court of Fulton County
`
`Submitted by:
`
`R. Daniel Douglass
`GA Bar No. 227490
`
`STITES & HARBISON, PLLC
`2800 SunTrust Plaza
`
`303 Peachtree Street NE
`
`Atlanta, GA 30308
`Counsel for Plaintiff
`
`473944:4:ATLANTA
`
`