Williams v. Canty

Full title: KEVIN MAURICE WILLIAMS, Plaintiff v. MRS. CANTY, et al., Defendants

Court: United States District Court, M.D. Georgia, Macon Division

Date published: Mar 14, 2007

NO. 5:05-CV-310 (CAR) (M.D. Ga. Mar. 14, 2007)

Opinion

NO. 5:05-CV-310 (CAR).

March 14, 2007

PROCEEDINGS UNDER 42 U.S.C. § 1983 BEFORE THE U. S. MAGISTRATE JUDGE ORDER

CLAUDE HICKS JR., Magistrate Judge

Pending before the court are two related motions, a MOTION FOR SCHEDULINGORDER (Tab #51) and a CONSENT MOTION FOR DEPOSITION (Tab #52). This order is intended to be dispositive of both motions.

CONSENT MOTION FOR DEPOSITION (Tab #52)

IT IS ORDERED AND DIRECTED that discovery herein be, and it is, re-opened for a period of SIXTY (60) DAYS for the limited purpose of permitting counsel for the defendants to take the deposition of Thomas L. Hopkins, M. D. and permitting the parties to take the deposition(s) of any expert witnesses identified by the opposing party.

MOTION FOR SCHEDULING ORDER (Tab #51)

Insofar as a Scheduling Order is concerned, in light of the history of this case (transfer in from the Northern District of Georgia, original pro se filing, appointment of counsel to represent plaintiff, taking of depositions of witnesses, etc.), and the time which has elapsed since its original filing, counsel for the parties are ORDERED AND DIRECTED to consult with one another WITHIN TWENTY (20) DAYS of the date of this order for the purpose of submitting to the court a PROPOSED SCHEDULING AND DISCOVERY ORDER, utilizing the form provided by the Honorable C. Ashley Royal, district judge, a copy of which is attached to this order. The undersigned recognizes that the parties have been proceeding thus far without the benefit of a Scheduling and Discovery Order and that it may be necessary to adapt the attached form to the situation at hand.

SO ORDERED AND DIRECTED. IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA __________ DIVISION xxxx : : Plaintiff, : : v. : ___:___-CV-___(CAR) : xxxx : : Defendant. : __________________________________:

PROPOSED SCHEDULING DISCOVERY ORDER

In accordance with the Court's Rules 16 and 26 Order dated ________, 2005, the parties to this action conferred and jointly developed a scheduling order and discovery plan containing deadlines and limitations as follows: I. Nature of the Case: Please include a brief description of the nature of the case and the legal issues to be tried. This summary should not be argumentative nor recite the evidence, but should call the Court's attention to any unique or complex issues or circumstances surrounding the case. II. Counsel of Record: Please include all relevant contact information for each lead counsel or pro se litigant — including: mailing address, phone number, facsimile number, and email address. III. Complaint and Answer filing dates: IV. Discovery Deadlines: A. Time for Discovery six (6) months B. Witnesses to be Deposed Please include the name and address of every witness to be deposed and the proposed time, date and place for each deposition. C. Expert Witnesses If applicable 1. Designation of Experts 2. Expert Reports 26 3. Daubert Motions Daubert D. Discovery Limitations or Need for Protective Order E. Motions to Compel Discovery F. Estimated Cost of Discovery For Plaintiff: For Defendant: V. Time for Filing Motions: A. Motions to Amend the Pleadings or to Join Parties B. Dispositive Motions VI. Certification of the Parties: The following individually-named attorneys are hereby designated as lead counsel for the parties: Complaint was filed: __________________ Answer was filed: __________________ The time for discovery in this case shall expire ________________, that being no more than after the filing of responsive pleadings. In the event that one or all parties believe that a greater time for discovery is needed, the party or parties will file a written motion for extension of time, accompanied by a proposed order for the Court, wherein good cause will be shown for the requested extension. () Any party who desires to use the testimony of an expert witness will be required to designate the expert according to the following schedule: Plaintiff must disclose the identity of any expert witness on or before _________________, that being no more than ninety (90) days after the filing of the last answer of Defendants named in the original complaint. Defendant must thereafter disclose the identity of any expert witnesses that may testify on or before _________________, that being no more than 120 days after the filing of the last answer of Defendants named in the original complaint. In the event Defendant designates an expert where Plaintiff has not previously designated an expert, Plaintiff shall have an additional thirty (30) days to designate a rebuttal expert. Any disclosure or designation of an expert witness must be accompanied by a written report prepared and signed by the expert in accordance with the requirements of Federal Rule of Civil Procedure (a)(2)(B). Any Motions must be filed on or before _________________, that being no more than 45 days after the expiration of discovery in this case. All Motions seeking to amend the pleadings or to join parties or claims to the current action shall be filed on or before ____________________. The parties agree that all Dispositive Motions will be filed no later than _________________, that being no more than 45 days after the expiration of discovery in this case. In the event one or all parties would like to request oral argument on a pending Motion for Summary Judgment, a separate motion requesting oral argument will be filed in accordance with Local Rule 7.5. The parties certify by their signatures below that they have conferred and discussed the nature and basis of their claims and defenses and the possibilities for prompt settlement or resolution of the case, pursuant to Local Rule 26(a). This ____ day of __________, 2005. ___________________________________ ___________________________ Counsel for Plaintiff(s) Counsel for Defendant(s) XXX XXX xxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxx

The Court, having reviewed the information contained in the Proposed Scheduling and Discovery Order completed and filed jointly by the parties to this action, hereby ADOPTS the parties' plan and MAKES IT THE ORDER OF THE COURT. SO ORDERED. this _____ day of __________, 2005.

______________________________________ C. ASHLEY ROYAL United States District Judge