`***EFILED***
`File & ServeXpress
`Transaction ID: 65704082
`Case Number: 20EV000820
`Date: Jun 16 2020 04:17PM
`LeNora Ponzo, Chief Clerk
`Civil Division
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`State Court of Fulton County
`***EFILED***
`File & ServeXpress
`Transaction ID: 65709803
`Case Number: 20EV000820
`Date: Jun 18 2020 01:47PM
`LeNora Ponzo, Chief Clerk
`Civil Division
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`3.
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`(a)
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`All PRELIMINARY MOTIONS, including, but not limited to, motions to dismiss
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`for lack of venue, jurisdiction or service; motions to dismiss on account of the expiration of the
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`various statutes of limitation; or motions to add parties, shall be filed NO LATER THAN
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`JULY 13’, 2020, which date precedes the close of discovery absent Court Order.
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`(b)
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`All SUBSTANTIVE MOTIONS, including motions for summary judgment and
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`Daubert motions, shall be filed NO LATER THAN OCTOBER 19,| 2020.
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`(c)
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`All motions/briefs are LIMITED to no more than 15 pages, 12-point font, double
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`spaced, exclusive of attachments, unless otherwise permitted by the Court in writing. Absent
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`prior permission by the Court, no party shall file any reply briefs, which are generally
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`disfavored.
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`(d)
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`The parties are reminded that email addresses must be included in their signature
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`lines, and that where a signature is set forth on a separate page from the contents of the
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`document, the signature page must identify the parties, the case number, and the document. See,
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`USCR3 6.4.
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`(e)
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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 must be made by Order of this Court. If any motion is filed
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`after these deadlines and without this Court’s prior written approval by Order, then the
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`motion will be untimely and may not be considered.
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`4.
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`In the event of a discovery dispute, counsel and parties SHALL contact the Court’s Staff
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`Attorney at 404-613-7761 to set up a telephone conference within 90 days from the date of the
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`response or event (e.g. deposition) that is the subject of the dispute, and in no event later than the
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`{Firm/201/0289l/PLEADING/02537524DOCX }
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`close of discovery, absent Court Order. This must happen PRIOR TO filing any motion
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`concerning a discovery dispute between the parties.
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`5.
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`MEDIATION shall be scheduled and completed NO LATER THAN DECEMBER 19,
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`M Counsel and all parties, or their representatives, are to appear and participate in good faith
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`in this mediation. Attendance by an attorney or other representative who has full authority to
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`settle all issues in the action is REQUIRED. If the client has not given such authorization to
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`counsel, the client must also appear.
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`The parties are ORDERED to notify the Court of the date mediation was actually
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`conducted and whether an agreement was reached.
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`6.
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`Parties shall stipulate to this Court’s trial calendar NO LATER THAN 90 days after the
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`close of discovery. A CONSOLIDATED PRETRIAL ORDER and any motions in limine shall
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`be efiled ONE WEEK prior to the trial calendar. Those documents and witnesses upon which a
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`litigant intends to rely affirmatively to meet his or her burden must be disclosed in the pretrial
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`order. See Ballard v. Meyers, 275 Ga. 819 (2002). In the event a witness or document not
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`previously disclosed during discovery is listed on the pretrial order, the Court may impose
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`sanctions pursuant to paragraph six below.
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`7.
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`The failure to comply with the deadlines and other provisions set forth in this Case
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`Management Order may result in the imposition of sanctions, including the striking of
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`pleadings, the disregard of motions (particularly late-filed motions), the assessment of
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`attorney’s fees, the exclusion of evidence or witnesses at trial, and/or other sanctions this
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`{Firm/201/02891/PLEADlNG/02537524.DOCX }
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`Court deems warranted under the facts and circumstances. See, Doherty v. Brown, 339 Ga.
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`App. 567, 576 (2016); OTS, Inc. v. Weinstock & Scavo, PC, 339 Ga. App. 511, 517 (2016); Hart
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`v. Northsz’de Hospital, Inc, 291 Ga. App. 208 (2008). Further, the Court may choose to consider
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`motions filed outside of the deadlines set in this Order to prevent manifest injustice. See Velasco
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`v. Chambless, 295 Ga. App. 377 (2008).
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`This the18th day of
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`June
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`,20 19 .
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`JUDGE DIANE E. BESSEN
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`State Court of Fulton County
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`THE BROSNAHAN LAW FIRM
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`NETH w. BR SNAHAN
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`Georgia Bar No. 086345
`LINDA G. CARPENTER
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`Georgia Bar No. 111285
`Attorneys for Plaintifi’
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`CRUSER, MITCHELL, NOVITZ,
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`SANCHEZ, GASTON & ZIMET, LLP
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`J. ROBE CRUSER
`Georgia Bar No. 199480
`CANDICE R. BRYANT
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`Georgia Bar No. 807404
`Attorneys for Defendant
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`Submitted this 16th day of June, 2020.
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`51 Lenox Point, N.E.
`Atlanta, GA 30324
`(404) 923-7570
`(678) 904—6391 — fax
`k\\-'bfff.rbl'omahan-lamcom
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`lgcfifixbmsnahan-Iaw.com
`
`Meridian II, Suite 2000
`275 Scientific Drive
`
`Norcross, GA 30092
`(404) 881—2622
`(404) 881-2630 — Facsimile
`rcruserflcm law firm .com
`cbrvanlrrl‘cmlawfirm.com
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`{Firm/201/0289l/PLEADING/02537524DOCX }
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`4
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`18th
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`June
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`19
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