State Court of Fulton County
`**E-FILED**
`18EV003897
`8/7/2019 4:04 PM
`LeNora Ponzo, Clerk
`Civil Division
`
`IN THE STATE COURT OF FULTON COUNTY
`
`STATE OF GEORGIA
`
`CIVIL ACTION
`
`FILE NO. 18EV003897
`
`) )) ) ) ) )) ) ) ) ) ) ) )
`
`LESLI LEBERMAN,
`
`Plaintift
`
`V
`
`1230 PEACHTREE ASSOCIATES, LLC,
`COUSINS PROPERTIES INCORPORATED,
`SCHINDLER ELEVATOR CORPORATION,
`ABC CORP., CPI SERVICES, LLC, GHI
`CORP., JOHN DOE I and DEBORAH
`LEIGHTON,
`
`Defendants
`
`JOINT MOTION TO AMEND SCHEDULING ORDER
`COME NOW Plaintiff and Defendants and jointly move the Court to amend the
`
`Scheduling Order entered by the Court on October 18, 2018 to extend the discovery period
`
`by ninety days through December 16, 2019. In support ofthe joint motion, the parties state
`
`as follows:
`
`1.
`
`Plaintiff filed the instant action against Defendants Schindler Elevator Corporation
`
`("Schindler"), 1230 Peachtree Associates, LLC ("1230"), Cousins Properties Incorporated
`
`("Cousins"), ABD Cotp., DEF Corp., GHI Co.p., John Doe I and John Doe II on August 14,2018.
`
`Schindler and Cousins answered the Complaint on September 17 and 19,2018 respectively.
`
`
`**E-FILED**
`18EV003897
`8/7/2019 4:04 PM
`LeNora Ponzo, Clerk
`Civil Division
`
`IN THE STATE COURT OF FULTON COUNTY
`
`STATE OF GEORGIA
`
`CIVIL ACTION
`
`FILE NO. 18EV003897
`
`) )) ) ) ) )) ) ) ) ) ) ) )
`
`LESLI LEBERMAN,
`
`Plaintift
`
`V
`
`1230 PEACHTREE ASSOCIATES, LLC,
`COUSINS PROPERTIES INCORPORATED,
`SCHINDLER ELEVATOR CORPORATION,
`ABC CORP., CPI SERVICES, LLC, GHI
`CORP., JOHN DOE I and DEBORAH
`LEIGHTON,
`
`Defendants
`
`JOINT MOTION TO AMEND SCHEDULING ORDER
`COME NOW Plaintiff and Defendants and jointly move the Court to amend the
`
`Scheduling Order entered by the Court on October 18, 2018 to extend the discovery period
`
`by ninety days through December 16, 2019. In support ofthe joint motion, the parties state
`
`as follows:
`
`1.
`
`Plaintiff filed the instant action against Defendants Schindler Elevator Corporation
`
`("Schindler"), 1230 Peachtree Associates, LLC ("1230"), Cousins Properties Incorporated
`
`("Cousins"), ABD Cotp., DEF Corp., GHI Co.p., John Doe I and John Doe II on August 14,2018.
`
`Schindler and Cousins answered the Complaint on September 17 and 19,2018 respectively.
`
`
`
`2.
`
`Defendant 1230 did not answer, and Plaintiff filed a Motion for Entry of Default Judgment
`
`Against 1230 Peachtree Associates, LLC on October 17,2018. On October 25,2018,1230 filed
`
`a Motion to Open Default seeking to open the default in the case.
`
`3.
`
`Plaintiff took the deposition of Melissa DeGaziarelated to the request to open default and
`
`fileditsoppositiontotheMotiontoOpenDefaultonDecember2I,20ls. OnDecember28,2018,
`
`the Court granted the Motion to Open Default.
`
`4.
`
`On November 15, 2018, Plaintiff filed her First Amended Complaint adding CPI Services,
`
`LLC ("CPI") and Deborah Leighton as defendants to the action in place of DEF Corp. and John
`
`Doe II.
`
`5.
`
`The Scheduling Order was entered by the Court on October 18, 2018, before the default
`
`was set aside as to 1230 and before the two additional parties were added. The parties did not
`
`begin taking depositions until after the additional parties had been added and the Court had ruled
`
`on the Motion to Set Aside Default.
`
`6.
`
`The parties have been diligently taking discovery and cooperating fully to schedule the
`
`depositions. To date, the parties have exchanged written discovery and produced documents,
`
`Defendants have requested documents from third party medical providers and Plaintiffs
`
`employers, have deposed the Plaintiff, two Schindler employees and Defendant Deborah Leighton
`
`and have identified experts in the case. Defendants are scheduled to depose Plaintiff s elevator
`
`
`
`expert on August 20,2019 and a treating physician on August 28,2019' Plaintiff recently
`
`identified medical experts who are expected to testifu in the case and Defendants expect to identiff
`
`response medical experts in the next few weeks.
`
`7.
`
`The Scheduling Order requires all discovery, including expert discovery, to be completed
`
`by September 17 ,2019. The parties are not able to complete the expert and medical depositions
`in that time frame. Counsel for Schindler Elevator Corporation has a specially set jury trial starting
`
`on Septemb er 9,2079. Counsel for Cousins,1230, CPI and Deborah Leighton also has a specially
`
`set jury trial starting on September 2,2019 and is on a two week trial calendar starting September
`
`9,2019.
`
`8.
`
`This is the first request to amend the Scheduling Order and to extend the discovery period.
`
`9.
`
`The parties request that the Court amend the Scheduling Order to extend the time for the
`
`parties to complete discovery, including expert discovery, through December 16,2019.
`
`WHEREFORE, Plaintiff and Defendants request that the Court grant the motion to amend
`
`the Scheduling Order as requested herein. A proposed Order granting the motion is attached hereto
`
`as Exhibit "A"
`
`
`
`This 7th day of August,2019
`
`/s/.1. Carole Thompson Hord
`J. CAROLE THOMPSON HORD
`Georgia Bar No. 291473
`
`Attorney for Defendant
`Schindler Elevator Corporation
`
`/s/ Jeffrev A. Burmeister
`PETER J. ROSS
`Georgia Bar No. 615193
`JEFFREY A. BURMEISTER
`Georgia Bar No. 030024
`
`Attorneys for Plaintiff
`
`SCHREEDER, WHEELER & FLINT, LLP
`1100 Peachtree Street, NE
`Suite 800
`Atlanta, GA 30309
`(404) 68 1-34s0
`chord@swfllp.com
`
`ROSS & PINES, LLC
`5555 Glenridge Connector, Suite 435
`Atlanta, GA 30342
`(404) 812-4300
`peter@rossandpines. com
`j eff@ro ssandpines. com
`
`/s/ Nicole C. Leet
`MICHAEL J. RUST
`Georgia Bar No. 621257
`NICOLE C. LEET
`Georgia Bar No. 133044
`
`Attorneys for Defendants, 1230 Peachtree
`Associates, LLC, Cousins Properties
`Incorporated, CPI Services, LLC and Deborah
`Leighton
`
`Gray, Rust, St. Amand, Moffett & Brieske,
`L.L.P.
`1700 AtlantaPlaza
`950 East Paces Ferry Road
`Atlanta, GA 30326
`(404) 870-7434
`mrust@gmrsb.com
`nleet@grsmb.com
`
`K:\186\183\Pleadings\Joint Motion to Amend Scheduling Order.docx
`
`
`
`EXHIBIT "A''
`
`IN THE STATE COURT OF FULTON COUNTY
`
`STATE OF GEORGIA
`
`CIVI ACTION
`
`FILE NO. 18EV003897
`
`) ) ) ) ) ) ) ) ) ) ) ) ) ) )
`
`LESLI LEBERMAN,
`
`Plaintiff,
`
`V
`
`1230 PEACHTREE ASSOCIATES, LLC,
`COUSINS PROPERTIES INCORPORATED,
`S CHINDLER ELEVATOR CORPORATION,
`ABC CORP., CPI SERVICES, LLC, GHI
`CORP., JOHN DOE I and DEBORAH
`LEIGHTON,
`
`Defendants.
`
`ORDER GRANTING JOINT MOTION TO AMEND SCHEDULING ORDER
`
`Plaintiff and Defendants having jointly move the Court to amend the Scheduling
`
`Order entered by the Court on October 18, 2018 to extend the discovery period by ninety
`
`days through December 16, 2019 and for good cause shown in the motion, it is hereby
`
`ORDERED that the Scheduling Order entered on October 18, 2018 is amended to
`
`extend the period to complete discovery, including expert discovery, through December
`
`16,2019.
`
`SO ORDERED, this _
`
`day of
`
`2019
`
`WESLEY B. TAILOR, JUDGE
`STATE COURT OF FULTON COUNTY
`
`Submitted by:
`J. Carole Thompson Hord
`SCHREEDER, WHEELER & FLINT, LLP
`
`
`
`1100 Peachtree Street, NE
`1100 Peachtree Street, NE
`Suite 800
`Suite 800
`Atlanta, GA 30309
`Atlanta, GA 30309
`Phone: 404-681-3450
`Phone: 404-681-3450
`chord@swfl1p.com
`chord@swfllp.com
`
`
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