JUDGE EDLEIN’S STANDING ORDER IN E-FILE CASES
`Having found that the interests 0f the parties and the orderly management 0f the
`
`State Court of Fulton County
`**E-F|LED**
`18EV000905
`3/23/2018 4:31 PM
`LeNora Ponzo, Clerk
`Civil Division
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`Court’s business would be served by setting a schedule for this litigation and by stating
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`the practices and procedures of this Court,
`IT IS HEREBY ORDERED that, unless specifically exempted, counsel for all
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`parties confer, in person or by telephone, in an effort to settle the case, discuss discovery,
`limit issues, and discuss other matters addressed by the Case Management Order
`(“CMO”). This early planning conference shall be held n0 later than thirty (30) days
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`after the appearance ofa defendant by answer. Counsel for the plaintiff(s) shall ensure
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`that this early planning conference is timely scheduled and completed.
`IT IS FURTHER ORDERED that, unless specifically exempted 0r unless the case
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`http://fultonstate.org/iudge-susan-e-edlein-division-d/
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`0r
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`is successfully resolved during the early planning conference, the parties are required to
`complete and e-file a proposed CMO for the Court’s review n0 later than forty-five (45)
`days after the appearance 0f a defendant by answer. The proposed CMO shall be
`consolidated and e-filed by counsel for the plaintiff(s); a Microsoft Word version 0f the
`CMO may be obtained at
`from
`Court’s
`requested
`
`the
`
`email
`Lisa
`Via
`Staff
`Liang,
`Attorney,
`The consolidated CMO must be e-filed with the
`Court through eFileGa; the website is http://www.odyssevefilega.com/.
`
`(Lisa.Liangdflfultoncountvga.gov).
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`If a party fails 0r refuses to participate in the early planning conference and/or
`completion of the proposed CMO, counsel for the plaintiff(s) shall so indicate when e-
`filing the proposed CMO. If the parties fail t0 reach agreement on portions of the
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`proposed CMO, each party’s proposal shall be included in the proposed CMO with a
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`notation in bold that the parties failed to reach agreement on that particular portion.
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`A party’s failure to comply with the terms of this Standing Order may result
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`in sanctions, including but not limited to dismissal of the complaint or striking of the
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`answer, as appropriate.
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`This 6th day of February, 2018.
`
`/s/ Susan E. Edlein___
`Susan E. Edlein
`Judge, State Court of Fulton County
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`IN THE STATE COURT OF FULTON COUNTY
`STATE OF GEORGIA
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`_____________________________,
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`Plaintiff,
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`v.
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`_____________________________,
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`
`Defendant.
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`)
`)
`)
`)
`)
`)
`)
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`CIVIL ACTION FILE
`NO. ____EV____________D
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`CASE MANAGEMENT ORDER
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`Pursuant to Judge Edlein’s Standing Order in E-File Cases, the parties conducted
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`an early planning conference on ______________________, with the following counsel
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`(and/or pro se parties) in attendance:1
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`Party
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`Counsel
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`___________________________________ ___________________________________
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`___________________________________ ___________________________________
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`___________________________________ ___________________________________
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`___________________________________ ___________________________________
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`___________________________________ ___________________________________
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`___________________________________ ___________________________________
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`Parties not in attendance: __________________________________________________
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`
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`The parties having conferred in an effort to settle the case, discuss discovery, limit
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`issues, and discuss other matters addressed by this Case Management Order (“CMO”),
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`1 Please also provide those parties (with answers on file) who failed to attend the early
`planning conference.
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`IT 1S HEREBY ORDERED that:
`o DISCOVERY (including,
`not
`but
`limited
`written
`discovery,
`to,
`commenced
`on
`and
`any
`expert
`discovery)
`depositions,
`pursuant t0 USCR 5.1 and shall
`close 0n
`Personal Injury — 6 months;
`[Guidelinez
`Complex Personal Injury (including Wrongful Death) i 12 months;
`Medical Malpractice — 12 months; Complex Medical Malpractice
`(including Wrongful Death) i 18 months; Contract i 6 months; Complex
`Contract — 12 months; Other — 6 months (12 months if Complex)] Basis
`for any departure from the guideline 0r for “complex” designationzz
`
`o EXPERT DISCOVERY (if applicable):
`
`. The plaintiff(s)
`shall
`trial n0 later than
`identify experts that are expected t0
`testify
`at
`. Discovery depositions 0f all experts identified by
`the p1aintiff(s) shall be completed no later than
`The defendant(s) shall identify experts that are expected t0 testify at trial
`no later than
`. Discovery depositions of all experts
`shall be completed no later
`identified by the
`than
`defendant(s)
`The parties shall disclose any rebuttal experts
`within 45 days of the conclusion 0f the deposition 0f the expert to be
`, and shall make any
`rebutted, but n0 later than
`no
`than
`deposition
`experts
`available
`rebuttal
`later
`
`for
`
`u MEDIATION, through the Office of Alternative Dispute Resolution
`(ADR) 0f the Fulton County Courts (404.612.4549) 0r private mediator
`mutually agreed upon by the parties, shall be completed no later than 15
`days after the close of discovery,
`.3 All parties are t0
`participate in this mediation and make a good faith effort to resolve the
`In the event that the named parties and
`issues involved in this case.
`
`2 Complex cases involve large number 0f parties, large number of claims and defenses,
`highly technical and exceptionally complex issues and proof, multiple experts, greater
`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 0f Georgia.
`3 Alternatively, the parties may request a referral t0 a Judicially-Hosted Settlement
`Conference. Such request shall be directed to the Court’s Staff Attorney n0 later than
`ninety (90) days prior t0 the mediation deadline set by the CMO and shall set forth the
`reasons for the request.
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`thc
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`counsel d0 not have full settlement authority, those entities who d0 have
`authority shall attend the mediation along with parties and counsel.
`DISPOSITIVE and/or RULE 702 MOTIONS shall be filed n0 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 effon t0 resolve
`the evidentiary issue(s).
`TRIAL BY JURY shall be set by placement on the Court’s Civil Jury
`Trial calendar approximately sixty (60) days after the close 0f discovery
`(if no motions pending) or on the next civil trial calendar after the Court’s
`order 0n any dispositive and/or Rule 702m0tions. T0 request a special
`setting, the parties shall contact the Court’s Staff Attorney and state the
`basis for the request n0 later than the Close 0f discovery.
`IS FURTHER ORDERED that
`following PRACTICES and
`IT
`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 t0 resolve the disputes, contact the Court’s Staff
`Attorney to request a telephonic hearing with the Court, prior to filing any
`The Court will schedule a telephonic hearing, if
`discovery motion.
`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
`Failure t0 do so, absent extraordinary circumstances, will
`discovery.
`result in the exclusion of the unidentified 0r late-identifled witness.
`COMMUNICATION WITH THE COURT ~ the parties may contact the
`Court’s Staff Attorney, Lisa Liang, at Lisa.Liang@fultoncountvga.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) 0r “carbon copy” the
`Court on correspondence between the parties and addressing the merits.
`PROPOSED ORDERS and COURTESY COPIES i the parties shall e—file
`proposed orders through eFileGA, 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 0f briefs to the Court, unless specifically requested. The parties,
`however, may contact
`Court’s
`any
`Staff Attorney
`regarding
`the
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`consent/joint filings or other filings necessitating prompt action by the
`Court.
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` ORIGINAL DEPOSITION TRANSCRIPTS – the parties shall e-file
`scanned copies in lieu of original deposition transcripts and retain original
`deposition transcripts until specifically requested by the Court or trial.
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`**Failure to comply with this CMO may result in sanctions, including striking of
`pleadings, imposition of attorneys’ fees, and exclusion of witnesses and evidence.
`Except for good cause shown and by Order of this Court, the deadlines set forth by
`this CMO shall not be amended.
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`This ____ day of _____________, 2018.
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`Submitted by:
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`
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`_____________________________
`Susan E. Edlein
`Judge, State Court of Fulton County
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