State Court of Fulton County
`**E-FILED**
`18EV004812
`1/11/2019 9:21 AM
`LeNora P onzo, Clerk
`Civil Division
`
`STATE COURT OF FULTON COUNTY
`
`STATE OF GEORGIA
`
`STANDING CASE MANAGEMENT ORDER
`
`FOR ALL CASES PENDING BEFORE
`
`THE HONORABLE FRED C. EADY
`
`DIVISION Y
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`It is hereby ORDERED that as to all cases pending before the Honorable Fred C. Eady in
`
`Division Y, counsel shall jointly execute within 10 days of the filing of this Order, OR within 10
`
`days of the filing of the last Defendants’ Answer (whichever is later), the attached Consent Case
`
`Management Order (“CMO”). Parties seeking to extend discovery may obtain the same only by a timely
`
`execution ofa Consent CMO. Once executed, Plaintiff s counsel shall efile the Consent CMO for
`
`approval by the Court.
`
`Failure to timely execute a Consent CMO will result in the parties having six (6) month
`
`discovery period. The deadline for filing any motion relating to discovery disputes shall be thirty (30)
`
`days from the due date of the response or event (e.g. deposition) that is the subject matter of the
`
`motion, and in no event later than the discovery deadline. Dispositive motions, such as motions for
`
`
`summary judgment, as well as Daubert motions and all other challenges to expert witnesses, shall be
`
`filed no later than thirty (30) days after the discovery deadline.
`
`
`Counsel may contact the Staff Attorney Ritu Bahri by email at Ritu.Bahri@fultoncountyga.gov
`
`for further information.
`
`
`
`HONORABLE FRED C. EADY, JUDGE
`STATE COURT OF FULTON COUNTY
`
`
`**E-FILED**
`18EV004812
`1/11/2019 9:21 AM
`LeNora P onzo, Clerk
`Civil Division
`
`STATE COURT OF FULTON COUNTY
`
`STATE OF GEORGIA
`
`STANDING CASE MANAGEMENT ORDER
`
`FOR ALL CASES PENDING BEFORE
`
`THE HONORABLE FRED C. EADY
`
`DIVISION Y
`
`It is hereby ORDERED that as to all cases pending before the Honorable Fred C. Eady in
`
`Division Y, counsel shall jointly execute within 10 days of the filing of this Order, OR within 10
`
`days of the filing of the last Defendants’ Answer (whichever is later), the attached Consent Case
`
`Management Order (“CMO”). Parties seeking to extend discovery may obtain the same only by a timely
`
`execution ofa Consent CMO. Once executed, Plaintiff s counsel shall efile the Consent CMO for
`
`approval by the Court.
`
`Failure to timely execute a Consent CMO will result in the parties having six (6) month
`
`discovery period. The deadline for filing any motion relating to discovery disputes shall be thirty (30)
`
`days from the due date of the response or event (e.g. deposition) that is the subject matter of the
`
`motion, and in no event later than the discovery deadline. Dispositive motions, such as motions for
`
`
`summary judgment, as well as Daubert motions and all other challenges to expert witnesses, shall be
`
`filed no later than thirty (30) days after the discovery deadline.
`
`
`Counsel may contact the Staff Attorney Ritu Bahri by email at Ritu.Bahri@fultoncountyga.gov
`
`for further information.
`
`
`
`HONORABLE FRED C. EADY, JUDGE
`STATE COURT OF FULTON COUNTY
`
`
`
`IN THE STATE COURT OF FULTON COUNTY
`
`STATE OF GEORGIA
`
`CIVIL ACTION
`
`
`FILE NO
`
`>l<
`
`*
`
`* *
`
`*
`*
`
`* *
`
`*
`
`Plaintiff(s)
`
`v.
`
`
`
`Defendant(s)
`
`CONSENT CASE MANAGEMENT ORDER
`
`Counsel having conferred and agreed upon the following Scheduling Order and the Court
`
`having reviewed the same, the Court HEREBY ORDERS as follows:
`
`A.
`
`DISCOVERY
`
`1.
`
`Factual and expert discovery shall expire on
`
`. N0 extensions of
`
`discovery will be permitted except by Order of this Court and only upon a showing of
`
`good cause. Any motions for an extension of discovery shall be efiled along with a
`
`proposed amended case management order.
`
`The amendment of any pleading to add, create, or expand additional counts, claims, parties, or
`
`means of liability, or to expand the means of recovery or of damages, must be made no later
`
`than ten (10) days PRIOR TO the close of discovery . Following this time period, no further
`
`amendments shall be permitted, and any pleading which is amended after this deadline, without
`
`prior leave of Court, shall be immediately stricken.
`
`3.
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`EXPERTS:
`
`Plaintiffs shall disclose their expert witnesses, if any, along with three (3) proposed dates
`
`for the deposition of each such expert witness no later than
`
`
`
`Plaintiffs shall make their expert witnesses available for deposition no later than
`
`Defendants shall disclose their expert witnesses, if any, along with three (3) proposed
`
`dates for the deposition of each such expert witness no later than
`
`Defendants’ shall make their expert witnesses available for deposition no later than
`
`In the event that Plaintiffs wish to identify a rebuttal expert witness, Plaintiffs’ counsel
`
`shall notify Defendants’ counsel no later than 10 days following the last deposition of
`
`Defendants’ experts. Plaintiffs shall make such rebuttal expert witness available for
`
`deposition within 30 days thereof. If Plaintiffs do identify a rebuttal expert witness, then
`
`the remaining deadlines in this Order shall be extended by 30 days. If Plaintiffs do not
`
`identify a rebuttal expert witness, then the remaining deadlines in this Order shall remain
`
`effective.
`
`4.
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`WITNESSES:
`
`the parties shall supplement the identification of witnesses (except for
`
`purposes of impeachment), in response to any applicable discovery request, no later than
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`fifteen (15) days after the close of discovery.
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`Failure to do so, absent extraordinary
`
`circumstances, will result in the exclusion of the unidentified or late-identified witness.
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`5.
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`ORIGINAL DEPOSITION TRANSCRIPTS — the parties shall e-file scanned copies in
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`lieu of original deposition transcripts and retain original deposition transcripts until trial.
`
`B.
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`MEDIATION
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`Mediation through the Office ofAlternative Dispute Resolution (ADR) ofthe Fulton County
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`Courts (404.612.4549) or private mediator mutually agreed upon by the parties, shall be completed
`
`
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`NO LATER THAN 20 DAYS AFTER THE CLOSE OF DISCOVERY. Alternatively, the
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`parties may request a referral to a Judicially—Hosted Settlement Conference. Such request shall be
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`directed to the Court’s Staff Attorney no later than thirty (30) days prior to the mediation deadline
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`set forth herein and shall set forth the reasons for the request.
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`Each party has an obligation to exercise good faith in scheduling and completing
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`mediation in accordance with this Order. Failure by any party to complete mediation within this
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`time frame, unless extended in writing by this Court prior to the expiration of the mediation
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`deadline, shall result in sanctions. Any costs of mediation shall be borne equally by both parties,
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`unless otherwise ordered by the Court. Counsel and all parties, or their representatives, are to
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`appear and participate in good faith in this mediation. Attendance by an attorney or other
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`representative who has full authority to settle all issues in the action is REQUIRED. If the client
`
`has not given such authorization to counsel, the client must also appear.
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`Plaintiff’s counsel shall notify the Court of any agreement or lack of agreement entered
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`into within five (5) days of the mediation. The case will remain assigned to this Court for all
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`motions, hearings and trial calendars already scheduled and for future motions, hearings and
`
`calendars.
`
`C.
`
`1.
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`MOTIONS
`
`DISCOVERY: all motions regarding discovery shall be filed within
`
`30 days from the date of the response or event (e. g. deposition) that is the subject of the
`
`motion, and in no event later than
`
`. 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
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`the parties are unable to resolve the disputes, contact the Court’s Staff
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`Attorney to request a telephonic hearing with the Court, prior to filing any
`
`
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`discovery motion. The Court will schedule a telephonic hearing, if appropriate, or
`
`instruct the parties to brief the matter.
`
`2.
`
`All dispositive motions, such as motions for summary judgment, as well as Daubert
`
`motions and all other challenges to expert Witnesses shall be filed no later than
`
`. Prior to filing any Daubert motion, the parties shall
`
`meet and confer in person or by telephone in a good faith effort to resolve the
`
`evidentiary issue(s).
`
`3.
`
`Motions in Limine, objections to depositions, and all other evidentiary motions shall be
`
`filed no later than
`
`. Responses to said motions shall be filed no later
`
`than 10 days thereof. Prior to filing any motions related to evidentiary matters, the
`
`parties shall meet and confer in person or by telephone in a good faith effort to
`
`resolve the evidentiary issue(s).
`
`D.
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`TRIAL
`
`The case shall appear on a trial calendar in
`
`
`
`. (Trial shall be
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`set no earlier than 5 months after the filing deadlinefor dispositive and Daubert motions). Once
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`the case appears on the Court’s calendar, there will be no resets or continuances given except for
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`legal cause.
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`There shall be no extensions of these deadlines by agreement of the parties. Any
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`extension of time to file a motion or a response must be by Order of this Court. If any motion is
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`filed after these deadlines and without this Court’s prior written approval by Order, then
`
`
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`the motion will be untimely and will not be considered. A courtesy copy of all efiled motions
`
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`and responses thereto MUST be sent directly to this Court’s chambers.
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`Failure to comply with this Order may result in sanctions, including striking of
`
`pleadings, imposition of attorneys’ fees, and exclusion of Witnesses and evidence.
`
`ITIS SO ORDERED this
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`day of
`
`, 2018.
`
`FRED C. EADY, JUDGE
`STATE COURT OF FULTON COUNTY
`
`(All counsel shall Sign below verifying consent to the instant order.)
`
`
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