STATE COURT OF FULTON COUNTY
`STATE OF GEORGIA
`
`
`
`
`
`STANDING CASE MANAGEMENT ORDER
`
`FOR ALL CASES ASSIGNED TO JUDGE DIANE E. BESSEN
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`
`
`It is hereby ORDERED that within 30 days of receiving this order, or within 30 days of the filing
`of the last Defendants’ final Answer (whichever is later), all parties shall jointly efile one of the
`attached Consent Scheduling Orders, (Order A for Wrongful Death / Medical Malpractice /
`Complex Cases; Order B for all other cases) setting forth case management deadlines.
`
`Attorneys for represented parties must forward their proposal to all pro se parties, and
`
`allow 10 days for the pro se party to review the proposal, prior to submission to the Court.
`
`Until such time as the parties return their proposal, expert and fact discovery shall terminate six
`months from the date of the last answer; the parties shall have 30 days thereafter to file all
`dispositive motions; and the deadline to add additional counts, claims, parties, and means of
`liability shall terminate 30 days prior to the close of discovery. Furthermore, all terms contained
`in the proposed Orders, including but not limited to the Court’s cautions concerning sanctions,
`the limitations on reply briefs, and the Court’s discovery dispute resolution procedure, are hereby
`made the ORDER of the Court.
`
`SO ORDERED,
`
`
`
`
`
`Judge Diane E. Bessen
`State Court of Fulton County
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`
`
`
`
`
`
`
`
`State Court of Fulton County
`***EFILED***
`File & ServeXpress
`Transaction ID: 65601086
`Case Number: 20EV000157
`Date: Apr 27 2020 10:53AM
`LeNora Ponzo, Chief Clerk
`Civil Division
`
`
`
`
`
`
`STATE OF GEORGIA
`
`
`
`
`
`STANDING CASE MANAGEMENT ORDER
`
`FOR ALL CASES ASSIGNED TO JUDGE DIANE E. BESSEN
`
`
`
`It is hereby ORDERED that within 30 days of receiving this order, or within 30 days of the filing
`of the last Defendants’ final Answer (whichever is later), all parties shall jointly efile one of the
`attached Consent Scheduling Orders, (Order A for Wrongful Death / Medical Malpractice /
`Complex Cases; Order B for all other cases) setting forth case management deadlines.
`
`Attorneys for represented parties must forward their proposal to all pro se parties, and
`
`allow 10 days for the pro se party to review the proposal, prior to submission to the Court.
`
`Until such time as the parties return their proposal, expert and fact discovery shall terminate six
`months from the date of the last answer; the parties shall have 30 days thereafter to file all
`dispositive motions; and the deadline to add additional counts, claims, parties, and means of
`liability shall terminate 30 days prior to the close of discovery. Furthermore, all terms contained
`in the proposed Orders, including but not limited to the Court’s cautions concerning sanctions,
`the limitations on reply briefs, and the Court’s discovery dispute resolution procedure, are hereby
`made the ORDER of the Court.
`
`SO ORDERED,
`
`
`
`
`
`Judge Diane E. Bessen
`State Court of Fulton County
`
`
`
`
`
`
`
`
`
`State Court of Fulton County
`***EFILED***
`File & ServeXpress
`Transaction ID: 65601086
`Case Number: 20EV000157
`Date: Apr 27 2020 10:53AM
`LeNora Ponzo, Chief Clerk
`Civil Division
`
`
`
`
`
`
`
`IN THE STATE COURT OF FULTON COUNTY
`STATE OF GEORGIA
`
`
`
`
`
`CIVIL ACTION FILE
`NO.
`
`JUDGE BESSEN
`
`CONSENT CASE MANAGEMENT ORDER A
`(MEDICAL MALPRACTICE/WRONGFUL DEATH/COMPLEX CASE)
`
`
`The parties are referred to the Court’s Supplemental Standing Case Management Order,
`
`(19EX000121, 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__________________.
`
`DEFENSE EXPERT(S) shall be disclosed NO LATER THAN___________________.
`
`2.
`
`3.
`
`REBUTTAL EXPERT(S) shall be disclosed NO LATER THAN ________________ for
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`PLAINTIFF and __________________ for DEFENSE.
`
`4.
`
`ALL EXPERTS shall be deposed NO LATER THAN ________________.
`
`5.
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`ALL WITNESSES shall be deposed NO LATER THAN ________________.
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`6.
`
`,
`
`
`
`v.
`
` ,
`
`
`
`
`
`
`Plaintiff,
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`
`
`Defendant.
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`
`
`DISCOVERY shall close NO LATER THAN 12 MONTHS after the last answer is filed,
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`which date is ________________. (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 ________________________.
`
`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 ________, 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
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`DAUBERT MOTIONS shall be filed NO LATER THAN ______________________ . (This
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`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.
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`MEDIATION shall be held NO LATER THAN _________________. (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. Parties desiring a special setting should contact Staff Attorney Amy Abrames, 404-613-
`
`7761 or AmyAbrames@fultoncountyga.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.
`
`11.
`
`A CONSOLIDATED PRETRIAL 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. Northside 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).
`
`This the ___ day of _________________________, 20___.
`
`
`
`_________________________
`Plaintiff’s Counsel
`
`
`_________________________
`Defendant’s Counsel
`
`
`
`
`
`
`
`Judge Diane E. Bessen
`State Court of Fulton County
`
`
`
`
`
`
`
`
`
`IN THE STATE COURT OF FULTON COUNTY
`STATE OF GEORGIA
`
`
`
`
`
`CIVIL ACTION FILE
`NO.
`
`JUDGE BESSEN
`
`CONSENT CASE MANAGEMENT ORDER B
`(NONSPECIFIC/GENERAL CASES)
`
`After consideration of the record in this case, and pursuant to this Court’s inherent
`
`
`
`authority to control discovery and the disposition of the cases on its docket, this Court HEREBY
`
`ORDERS as set out below. The parties are referred to the Court’s Supplemental Standing Case
`
`Management Order (19EX000121, June 29, 2019 http://fultonstate.org/chief-judge-diane-e-
`
`bessen-division-j/) for further information concerning the Court’s procedures.
`
`1.
`
`ALL discovery shall be completed NO LATER THAN ______________________
`
`including, but not limited to, identification of, written discovery from and depositions of, both
`
`fact and expert witnesses.
`
`EXPERT WITNESS, if any, must be disclosed NO LATER THAN _______________
`
`and deposed NO LATER THAN ____________________.
`
`2.
`
`The amendment of any pleading to add a party, or to add, create, or expand additional
`
`counts, claims, or means of liability, or to expand the means of recovery or damages, must be
`
`made no later than 30 days PRIOR TO the close of discovery. Following this time period, no
`
`,
`
`
`
`v.
`
` ,
`
`
`
`
`
`
`Plaintiff,
`
`
`
`Defendant.
`
`
`
`further amendments shall be permitted, and any pleading which is amended after this deadline,
`
`without prior leave of Court shall be immediately stricken.
`
`3.
`
`(a) All PRELIMINARY MOTIONS, including, but not limited to, motions to dismiss for
`
`lack of venue, jurisdiction or service; motions to dismiss on account of the expiration of the
`
`various statutes of limitation; or motions to add parties, shall be filed NO LATER THAN
`
`___________________, which date precedes the close of discovery absent Court Order.
`
`(b) All SUBSTANTIVE MOTIONS, including motions for summary judgment and
`
`Daubert motions, shall be filed NO LATER THAN ___________________________.
`
`(c) All motions/briefs are LIMITED to no more than 15 pages, 12-point font, double
`
`spaced, exclusive of attachments, unless otherwise permitted by the Court in writing. Absent
`
`prior permission by the Court, no party shall file any reply briefs, which are generally
`
`disfavored.
`
`(d) 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.
`
` (e) 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.
`
`4.
`
`
`
`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.
`
`5.
`
`MEDIATION shall be scheduled and completed NO LATER THAN ____________
`
`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.
`
`6.
`
`Parties shall stipulate to this Court’s trial calendar NO LATER THAN 90 days after the
`
`close of discovery. A CONSOLIDATED PRETRIAL ORDER and any motions in limine shall
`
`be efiled ONE WEEK prior to the trial calendar. Those documents and witnesses upon which a
`
`litigant intends to rely affirmatively to meet his or her burden must be disclosed in the pretrial
`
`order. See Ballard v. Meyers, 275 Ga. 819 (2002). In the event a witness or document not
`
`previously disclosed during discovery is listed on the pretrial order, the Court may impose
`
`sanctions pursuant to paragraph six below.
`
`7.
`
`
`
`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. Northside 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).
`
`This the ___ day of _________________________, 20___.
`
`
`
`_________________________
`Plaintiff’s Counsel
`
`
`_________________________
`Defendant’s Counsel
`
`
`
`
`
`
`
`
`
`Judge Diane E. Bessen
`State Court of Fulton County
`
`
`
`
`
`
`
`
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