State Court of Fulton County
`**E-F|LED**
`18EV004774
`5/13/2019 6:13 PM
`
`LeNora Ponzo, Clerk
`Civil Division
`
`IN THE STATE COURT OF FULTON COUNTY
`
`STATE OF GEORGIA
`
`LINDA BOTTOMS, Individually, and as the
`TEMPORARY ADMINISTRATOR OF THE
`
`ESTATE OF MARY JONES, DECEASED,
`
`Plaintiffs,
`
`V.
`
`GREEN STREET NH, LLC d/b/a
`PROVIDENCE HEALTHCARE OF
`
`THOMASTON a/k/a PROVIDENCE HEALTH
`
`AND REHAB; PROVIDENCE SNF
`
`OPERATOR, LLC d/b/a PROVIDENCE
`HEALTHCARE a/k/a PROVIDENCE
`
`HEALTH AND REHAB; PWW
`
`HEALTHCARE, LLC; GORDON JENSEN
`
`HEALTHCARE ASSOCIATION, INC.;
`
`BEACON HEALTH MANAGEMENT, LLC;
`
`ABC CORPORATION; and JOHN/JANE
`
`DOES I and II,
`
`Defendants.
`
`
`
`CIVIL ACTION NO. l8EV-004774
`
`SCHEDULING ORDER
`
`Pursuant to the Court’s Preliminary Case Management Order, the parties conducted an
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`early planning conference on May 13, 2019, with the following counsel (and/or pro se parties) in
`
`attendance:
`
`Name: Michael A. Prieto
`
`William F. Holbert
`
`Capacity: Counsel for Plaintiff
`Firm Name: PRIETO, MARIGLIANO, HOLBERT & PRIETO, LLC
`Address: Two Ravinia Drive, Ste, 1330, Atlanta, Georgia 30346
`Telephone Number: 404-856-0040
`Email Address: mprieto@pmhplaw.com; bholbert@pmhplaw.com
`
`

`

`Name: David C. Marshall
`
`Christian J. Lang
`Capacity: Counsel for Defendants
`Firm Name: HAWKINS, PARNELL &Y0UNG, LLP
`Address: 303 Peachtree Street, NE, Ste. 4000, Atlanta, Georgia 30346
`Telephone Number: 404—614—7400
`Email Address: dmarshall@hpylaw.com; CLang@hpylaw.com
`
`Parties not in attendance:
`
`
`
`The parties having conferred in an effort to settle the case, discuss discovery, limit issues,
`
`and discuss other matters and deadlines addressed in this Scheduling Order, IT IS HEREBY
`
`ORDERED as follows:
`
`1 .
`
`DISCOVERY
`
`(a)
`
`(b)
`
`(C)
`
`The time period for all discovery (including, but not limited to, written discovery,
`depositions, and any expert discovery) commenced on May 10, 20E, pursuant to
`Uniform State Court Rule 5.1 and shall close on May 10, 20%.
`[Guidelines:
`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)]
`
`for “complex”
`for any departure from the guideline or
`State the basis
`
`designation:1
`N/A
`
`The parties shall supplement their responses to any applicable discovery request,
`if required by O.C.G.A. § 9-11-26(e), as soon as possible, but no later than 15
`days after the close of discovery.
`
`(d)
`
`Extensions of time for discovery will be granted only upon consent motion or in
`exceptional cases in which the parties promptly commence and diligently pursue
`discovery, yet are unable to complete discovery in the timeframe set forth above
`due to circumstances not reasonably anticipated at the time that the parties prepare
`and submit the Scheduling Order. Any motion for an extension of time for
`discovery must be filed with the Court prior to the expiration of the existing
`discovery period.
`
`
`1 Complex cases involve large number of 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), or
`extensive discovery outside the State of Georgia.
`
`-2-
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`

`

`(6) Any amendment of pleadings (i) to add, create, or expand counts, claims, or
`means of liability, (ii) to expand the means of recovery or damages, (iii) to join
`additional parties, or (iv) to substitute parties for fictitiously named parties (e.g.,
`John Doe or XYZ Corporation) must be made no later than 60 days prior to the
`close of discovery.
`[Note: this Order constitutes a pre-trial order under O.C.G.A.
`§ 9—11—16(b) and for purposes of pleading amendments as a matter of right under
`O.C.G.A.§9-l 1—15(a).]
`
`2.
`
`EXPERT DISCOVERY (if applicable) must be completed by the discovery deadline set
`forth in section I (a) above:
`
`(a)
`
`(b)
`
`(C)
`
`The plaintiff(s) shall identify experts who are expected to testify at trial no later
`than Januafl 10, 2020. Such identification shall include the subject matter on
`which the expert is expected to testify, the substance of the facts and opinions to
`which the expert is expected to testify, and a summary of the grounds for each
`opinion,
`in accordance with O.C.G.A.
`§ 9-11-26(b)(4)(A)(i).
`Discovery
`depositions of all experts identified by the plaintiff(s) shall be completed no later
`than Februafl 10, 2020.
`
`The defendant(s) shall identify experts who are expected to testify at trial no later
`
`than March 10 2020. Such identification shall include the subject matter on
`which the expert is expected to testify, the substance of the facts and opinions to
`which the expert is expected to testify, and a summary of the grounds for each
`opinion,
`in accordance with O.C.G.A.
`§ 9-11-26(b)(4)(A)(i).
`Discovery
`depositions of all experts identified by the defendant(s) shall be completed no
`later than April 10, 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 April 10, 2020, and
`shall make any rebuttal experts available for discovery deposition no later than
`May 10, 2020. Such disclosure shall include the subject matter on which the
`expert is expected to testify, the substance of the facts and opinions to which the
`expert is expected to testify, and a summary of the grounds for each opinion, in
`accordance with O.C.G.A. § 9-11-26(b)(4)(A)(i).
`
`3.
`
`MOTIONS
`
`(a)
`
`(b)
`
`BRIEFS: absent prior permission of the Court, briefs filed in support of, or in
`response to, a motion are limited in length to twenty-five (25) pages. Any reply
`brief filed by the movant is limited to fifteen (15) pages. All motions and briefs
`shall be double-spaced and in a font size at least as large as Times New Roman 12
`point.
`
`DISPOSITIVE MOTIONS and MOTIONS brought pursuant to O.C.G.A. § 24-7-
`702 or otherwise to exclude or limit expert testimony shall be filed no later than
`30 days after the close of discovery. Prior to filing any such motion regarding
`expert testimony, the parties shall meet and confer in a good faith effort to resolve
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`

`

`the evidentiary issue(s). Hearings on motions for summary judgment shall be
`scheduled according to the Court’s availability.
`
`4.
`
`MEDIATION through the Office of Alternative Dispute Resolution (ADR) of the Fulton
`County Courts (404-612-4549), or through a private mediator mutually agreed upon by
`the parties, shall be completed no later than 45 days after the close of discovery.2 If a
`dispositive and/or Daubert motion is filed,
`the mediation shall be stayed until
`the
`motion(s) have been ruled on.
`
`5.
`
`TRIAL BY JURY
`
`(a) Upon the Court’s order on any motions for summary judgment and/0r Daubert
`motions, or in the event that no such motions are filed, the Court Will schedule a
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`pre-tn'al conference.
`
`(b) The parties shall submit a consolidated civil pre-trial order in substantially the
`same form as contained in Uniform State Court Rule 7.2 no later than 5 days
`before the date of the pre—trial conference. The plaintiff(s) shall be responsible for
`consolidating the pre—trial order. All other parties shall provide their portions of
`the pre-trial order to the plaintiff(s) no later than 2 business days prior to the due
`date. No party shall submit its own individual portions of the pre-trial order to the
`Court Without a written certification detailing the party’s good-faith efforts to
`present the Court with a fully consolidated order.
`
`(0) At the pre-trial conference, the Court Will advise the parties of the date(s) when
`this case will be called for trial beginning at the next available civil jury calendar.
`To request a special setting for trial by jury, the parties shall include such request,
`along with the basis for the request, in the consolidated civil pre—trial order.
`
`((1) All motions in limine, trial briefs, and other non—dispositive motions shall be filed
`on or before the date for filing the consolidated civil pre—trial order.
`
`(e) All requests to charge, a proposed verdict form, and all exhibit lists must be
`submitted to the Court electronically, in Microsoft Word format, prior to the start
`of trial. Special requests to charge (non-pattern) are limited to 15 per party.
`When requesting pattern jury charges, the requesting party should list the title and
`number of the charge;
`the text of the requested pattern charge need not be
`included. Prior to the start of trial, the parties must mark and exchange all
`exhibits, including demonstrative exhibits; and the parties must confer in an effort
`to resolve any objections or issues pertaining to the admissibility of any exhibits.
`Prior to the start of trial, the parties must confer in an effort to resolve any
`objections to deposition testimony that may be tendered at trial.
`
`2 Alternatively, the parties may request referral to a Judicially Hosted Settlement Conference.
`Such request shall be directed to the Court’s Staff Attorney no later than the close of discovery
`and shall set forth the reasons for the request.
`
`

`

`(f)
`
`If trial is expected to last more than one week, the parties must contact the Court’s
`Staff Attorney after mediation and before the pre-trial conference.
`
`
`
`IT IS FURTHER ORDERED that the following PRACTICES and PROCEDURES
`
`govern this litigation:
`
`A. DISCOVERY DISPUTES – In addition to the obligations set forth in Uniform State
`Court Rule 6.4(B), the parties shall meet and confer in person or by telephone in a good
`faith effort to resolve any discovery dispute. If the parties are unable to resolve the
`dispute, the parties must contact the Court’s Staff Attorney to request a telephonic
`hearing with the Court, prior to filing any motion. The Court will schedule a telephonic
`hearing, if appropriate, or instruct the parties to brief the matter. “Discovery disputes”
`shall include disputes concerning requests for qualified protective orders in accordance
`with Baker v. Wellstar Health Sys., Inc., 288 Ga. 336 (2010).
`
`B. COMMUNICATION WITH THE COURT
`• The parties may contact the Court’s Staff Attorney to inquire regarding any
`procedural issue (scheduling, case status, court requirements, etc.) and/or to arrange a
`status conference or hearing. Email communications are preferred, with all parties
`copied thereon where possible; the email address for the Court’s Staff Attorney may
`be found at the Court’s website at <http://fultonstate.org/judge_tailor.php>. When
`contacting the Court’s Staff Attorney, please provide your name, the case name, and
`civil action number.
`• 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 that addresses the merits of the case.
`
`• Before initiating any communications with the Court or the Court’s Staff Attorney,
`review Uniform State Court Rule 4.1.
`
`C.
`
`PROPOSED ORDERS and COURTESY COPIES
`• The Court discourages the parties from submitting courtesy paper copies of any e-
`filings, unless specifically requested. The parties shall e-file any proposed orders.
`• The parties may contact the Court’s Staff Attorney regarding any consent/joint filings
`or other filings necessitating prompt action by the Court.
`
`D. ORIGINAL DEPOSITION TRANSCRIPTS AND OTHER DISCOVERY MATERIAL
`
` The parties shall e-file copies in lieu of original deposition transcripts or other
`discovery material and shall retain original deposition transcripts and discovery
`material until specifically requested by the Court or necessary for trial.
`
`
`
`- 5 -
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`
`
`

`

`** Failure to comply With this Scheduling Order may result in sanctions, including striking of
`pleadings, imposition of attorney fees, and exclusion of witnesses and evidence. Except for good
`cause shown and by Order of this Court, the deadlines set forth by this Scheduling Order shall
`not be amended. **
`
`so ORDERED, this
`
`day of
`
`, 20
`
`WESLEY B. TAILOR, JUDGE
`STATE COURT OF FULTON COUNTY
`
`Submitted by:
`
`PRIETo, MARIGLIANO, HOLBERT
`
`& PRIETo, LLC
`
`William F. Halbert
`
`MICHAEL A. PRIETO
`
`Georgia Bar No. 587236
`WILLIAM F. HOLBERT
`
`Georgia Bar No. 360088
`Counselfor Plaintifl'
`
`