State Court of Fulton County
`**E-FILED**
`19EV003615
`10/28/2019 9:39 AM
`
`LeNora Ponzo, Clerk
`Civil Division
`
`IN THE STATE COURT OF FULTON COUNTY
`
`STATE OF GEORGIA
`
`ADLWANA RAWLS, INDIVIDUALLY
`AS NEXT OF KIN OF BENJAMIN
`
`DONALD MOORE, DECEASED.
`
`Plaintiff,
`
`V.
`
`CC OTV, LLC d/b/a OAK TREE
`
`VILLAS APARTMENTS;
`
`KEN SINGTON STATION, LLC;
`
`KENSINGTON APARTMENTS (GFI),
`LLC; RFI ASSOCIATES, LLC;
`
`ALEXANDER PROPERTIES GROUP,
`
`INC.; BRHDGE PROPERTY
`
`MANAGEMENT, L.C.; ABC CORPS 1-
`
`5; and JOHN DOES 1-5
`
`Defendants.
`
`vvvvvvvvvvvvvvvvvvv
`
`CIVIL ACTION FILE NO.
`
`19EV003615
`
`CONSENT CASE MANAGEMENT ORDER A - WRONGFUL DEATH CASE
`
`The parties are referred to the Court's Supplemental Standing Case Management Order,
`
`(l9EX000121, June 29, 2019 (http://fultonstate.org/chief—judge—diane—e—bessen—division—j/) for
`
`further information concerning the Court's procedures.
`
`1.
`
`PLAINTIFF‘S EXPERT(S) shall be disclosed NO LATER THAN March 11, 2020.
`
`2.
`
`DEFENSE EXPERT('S) shall be disclosed NO LATER THAN March 11, 2020.
`
`3.
`
`PLAINTIFF and DEFENSE EXPERTS shall be deposed NO LATER THAN May 13,
`
`2020. REBUTTAL EXPERT(S) shall be disclosed NO LATER THAN July 1, 2020.
`
`
`**E-FILED**
`19EV003615
`10/28/2019 9:39 AM
`
`LeNora Ponzo, Clerk
`Civil Division
`
`IN THE STATE COURT OF FULTON COUNTY
`
`STATE OF GEORGIA
`
`ADLWANA RAWLS, INDIVIDUALLY
`AS NEXT OF KIN OF BENJAMIN
`
`DONALD MOORE, DECEASED.
`
`Plaintiff,
`
`V.
`
`CC OTV, LLC d/b/a OAK TREE
`
`VILLAS APARTMENTS;
`
`KEN SINGTON STATION, LLC;
`
`KENSINGTON APARTMENTS (GFI),
`LLC; RFI ASSOCIATES, LLC;
`
`ALEXANDER PROPERTIES GROUP,
`
`INC.; BRHDGE PROPERTY
`
`MANAGEMENT, L.C.; ABC CORPS 1-
`
`5; and JOHN DOES 1-5
`
`Defendants.
`
`vvvvvvvvvvvvvvvvvvv
`
`CIVIL ACTION FILE NO.
`
`19EV003615
`
`CONSENT CASE MANAGEMENT ORDER A - WRONGFUL DEATH CASE
`
`The parties are referred to the Court's Supplemental Standing Case Management Order,
`
`(l9EX000121, June 29, 2019 (http://fultonstate.org/chief—judge—diane—e—bessen—division—j/) for
`
`further information concerning the Court's procedures.
`
`1.
`
`PLAINTIFF‘S EXPERT(S) shall be disclosed NO LATER THAN March 11, 2020.
`
`2.
`
`DEFENSE EXPERT('S) shall be disclosed NO LATER THAN March 11, 2020.
`
`3.
`
`PLAINTIFF and DEFENSE EXPERTS shall be deposed NO LATER THAN May 13,
`
`2020. REBUTTAL EXPERT(S) shall be disclosed NO LATER THAN July 1, 2020.
`
`
`
`4.
`
`ALL REBUTTAL EXPERTS shall be deposed NO LATER THAN August 8, 2020.
`
`ALL WITNESSES shall be deposed NO LATER THAN August 8, 2020.
`
`5.
`
`6.
`
`DISCOVERY shall close NO LATER THAN 12 MONTHS after the last answer is filed,
`
`which date is August 8, 2020. (This includes, but is not limited to, written discovery and
`
`depositions).
`
`There shall be no amendments to the pleadings to add claims, counts, or methods of
`
`recovery after July 8, 2020.
`
`7.
`
`(a) All PRELIMINARY MOTIONS, including, but not limited to, motions to dismiss,
`
`motions regarding venue, service, statute of limitations, or motions to add parties, shall be filed
`
`NO LATER THAN 30 days after the entry of this Order, absent Court Order. (This date may
`
`be no later than 30 days after the entry of this Order).
`
`(b) All other SUBSTANTIVE MOTIONS, including motions for summary judgment, and
`
`DAUBERT MOTIONS shall be filed NO LATER THAN September 8, 2020. (This date may be
`
`no later than 30 days after the close of discovery).
`
`(c) There shall be no extensions of these deadlines by agreement of the parties. Any
`
`extension of time to file a motion must be made by Order of this Court. If any motion is filed
`
`after these deadlines and without this Court’s prior written approval by Order, then the
`
`motion will be untimely and may not be considered.
`
`
`
`(d) All motions/briefs are LIMITED to no more than fifteen (15) pages, double spaced,
`
`exclusive of attachments, unless otherwise permitted by the Court in writing.
`
`(e) The parties are reminded that email addresses must be included in their signature
`
`lines, and that where a signature is set forth on a separate page from the contents of the
`
`document, the signature page must identify the parties, the case number, and the document. See,
`
`USCR 36.4.
`
`8.
`
`In the event of a discovery dispute, counsel and parties SHALL contact the Court's Staff
`
`Attorney at 404-613-7761 to set up a telephone conference within 90 days from the date of the
`
`response or event (e.g. deposition) that is the subject of the dispute, and in no event later than the
`
`close of discovery, absent Court Order. This must happen PRIOR TO filing any motion
`
`concerning a discovery dispute between the parties.
`
`9.
`
`MEDIATION shall be held NO LATER THAN November 6, 2020. (This date may be
`
`no later than 90 days after the close of discovery). Counsel and all parties, or their
`
`representatives, are to appear and participate in good faith in this mediation. Attendance by an
`
`attorney or other 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.
`
`The parties are ORDERED to notify the Court of the date mediation was actually
`
`conducted and whether an agreement was reached.
`
`10.
`
`Parties shall stipulate to this Courts' trial calendar no later than 90 days after discovery
`
`closes, i.e. by November 6, 2020. Parties desiring a special setting should contact Staff Attorney
`
`
`
`Amy Abrames, 404—613- 7761 or AmyAbramengfultoncountyga.gov, to make such a request.
`
`The parties should notify Ms. Abrames as soon as they anticipate the likelihood of a special
`
`setting, understanding that a specially set trial date may not be available for approximately 6
`
`months.
`
`1 1.
`
`A CONSOLIDATED PRETRLAL ORDER shall be E-filed NO LATER THAN one (1)
`
`week prior to the trial calendar.
`
`12.
`
`The failure to comply with the deadlines and other provisions set forth in this Case
`
`Management Order may result in the imposition of sanctions, including the striking of
`
`pleadings, the disregard of motions (particularly late-filed motions), the assessment of
`
`attorney’s fees, the exclusion of evidence or Witnesses at trial, and-/or other sanctions this
`
`Court deems warranted under the facts and circumstances. See, Doherty v. Brown, 339 Ga.
`
`App. 567,576 (2016); OTS, Inc. v. Weinstock & Scavo, PC, 339 Ga. App. 511,517 (2016); Hart v.
`
`Northsz'de Hospital, Inc., 291 Ga. App. 208 (2008). Further, the Court may choose to consider
`
`motions filed outside of the deadlines set in this Order to prevent manifest injustice. See Velasco
`
`v. Chambless, 295 Ga. App.377 (2008).
`
`Thi
`
`28th day of October
`
`2019.
`
`JONAP & ASSOCIATES, PC.
`
`/S/ Jeflrey S. Jonag
`Jeffrey S. Jonap, Esq.
`Georgia State Bar No. 749051
`PO. Box 49466
`
`Atlanta, Georgia 30359
`Counselfor Plaintifi’
`
`
`
`(404) 320-6000 (ph)
`(404) 633-3300 (fax)
`jeff@jonaplaw.com
`
`SWIFT, CURRIE, McGHEE & HlERS, LLP
`
`/s/Jenmfer L. Nichols
`Maren R. Cave
`
`Georgia State Bar No. 278448
`Jennifer L. Nichols
`
`Georgia Bar No. 001294
`Counselfor Defendants
`
`Suite 300, The Peachtree
`
`1355 Peachtree Street, NE.
`
`Atlanta, GA 30309
`
`404-874-8800 (ph)
`404-888-6199 (fax)
`maren.cavengwiftcurrieeom
`
`jennifer.nichols@swiftcurrie.com
`
`4133611V.l
`
`
`
` Ju ge iane E. Bessen
`
`State Court of Fulton County
`
`
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