State Court of Fulton County
`**E-FILED**
`19EV000089
`3/13/2019 8:21 AM
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`LeNora Ponzo, Clerk
`Civil Division
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`IN THE STATE COURT OF FULTON COUNTY
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`STATE OF GEORGIA
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`) CIVIL ACTION FILE NO.
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`Plaintiff(s),
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`V
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`Defendant(s).
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`Pursuant to the Court’s Preliminary Case Management Order, the parties conducted an
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`early planning conference on
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`, 20
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`, With the following counsel (and/0r
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`pro se parties) in attendance:1
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`Name:
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`Capacity: Pro Se /Counsel for
`Firm Name (if applicable):
`Address:
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`Telephone Number:
`Email Address:
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`Name:
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`Capacity: Pro Se / Counsel for
`Firm Name (if applicable):
`Address:
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`Telephone Number:
`Email Address:
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`Parties not in attendance:
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`‘ Include requested information for all named parties present at the conference. Use additional
`space as necessary for cases involving multiple plaintiffs and/or defendants.
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`The parties having conferred in an effort to settle the case, discuss discovery, limit issues,
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`and discuss other matters and deadlines addressed in this Scheduling Order, IT IS HEREBY
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`ORDERED as follows:
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`1.
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`DISCOVERY
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`(a)
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`(b)
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`(C)
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`(d)
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`(e)
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`The time period for all discovery (including, but not limited to, written discovery,
`depositions, and any expert discovery) commenced on
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`20
`, pursuant
`to Uniform State Court Rule
`5.1
`and shall close on
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`, 20
`.
`[Guidelines2 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)]
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`for “complex”
`for any departure from the guideline or
`State the basis
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`designation:2
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`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.
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`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.
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`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. § 9-11-15(a).]
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`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 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.
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`-2-
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`2.
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`EXPERT DISCOVERY (if applicable) must be completed by the discovery deadline set
`forth in section 1(a) above:
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`(a) The plaintiff(s) shall identify experts who are expected to testify at trial no later
`than __________________, 20__. 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 ____________________, 20__.
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`(b) The defendant(s) shall identify experts who are expected to testify at trial no later
`than __________________, 20__. 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 __________________, 20__.
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`(c) 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
`__________________, 20__, and shall make any rebuttal experts available for
`discovery deposition no later than __________________, 20__. 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).
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`3.
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`MOTIONS
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`(a) 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.
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`(b) 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
`the evidentiary issue(s). Hearings on motions for summary judgment shall be
`scheduled according to the Court’s availability.
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`- 3 -
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`4.
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`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.3 If a
`dispositive and/or Daubert motion is filed,
`the mediation shall he stayed until
`the
`motion(s) have been ruled on.
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`5.
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`TRIAL BY JURY
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`(a) Upon the Court’s order on any motions for summary judgment and/or Daubert
`motions, or in the event that no such motions are filed, the Court will schedule a
`pre-trial conference.
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`(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.
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`(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.
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`(d) 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.
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`(6) 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-pattem) 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.
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`(f)
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`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.
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`3 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.
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`IT IS FURTHER ORDERED that the following PRACTICES and PROCEDURES
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`govern this litigation:
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`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).
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`B. COMMUNICATION WITH THE COURT
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`• 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.
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`• 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.
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`• Before initiating any communications with the Court or the Court’s Staff Attorney,
`review Uniform State Court Rule 4.1.
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`C.
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`PROPOSED ORDERS and COURTESY COPIES
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`• 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.
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`• The parties may contact the Court’s Staff Attorney regarding any consent/joint filings
`or other filings necessitating prompt action by the Court.
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`D. ORIGINAL DEPOSITION TRANSCRIPTS AND OTHER DISCOVERY MATERIAL
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` 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.
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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. **
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`SO ORDERED, this
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`day of
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`, 2O
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`WESLEY B. TAILOR, JUDGE
`STATE COURT OF FULTON COUNTY
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`Submitted by:
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