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Amended Conference And Scheduling Order (Judge Floyd) Form. This is a South Carolina form and can be use in District Court Federal.
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Tags: Amended Conference And Scheduling Order (Judge Floyd), South Carolina Federal, District Court
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FIELD(DIVISION) DIVISION
Plaintiff(s),
-versus-
Defendant(s).
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C/A No.
AMENDED CONFERENCE
AND SCHEDULING ORDER
Pursuant to the Federal Rules of Civil Procedure and the Local Civil Rules of this Court, the following
schedule is established for this case. Discovery may begin upon receipt of this order.
1.
A conference of the parties pursuant to Fed.R.Civ.P. 26(f) shall be held no later than
1
At conference the parties shall confer concerning all matters set forth
in Fed.R.CivP. 26(f) and whether the schedule set forth in this order is appropriate and, if not, what
modifications are necessary.2
2.
No later than
26(a)(1) shall be made. 3
3.
No later than
the parties shall file a Rule 26(f) Report in the form attached
to this order. Parties are hereby notified that Local Civil Rule 26.03 lists additional queries to be
answered in the Rule 26(f) Report.
4.
Motions to join other parties and amend the pleadings (Fed.R.Civ.P.16(b)(1)) shall be
4
filed no later than
5.
Plaintiff(s) shall file and serve a document identifying by full name, address, and telephone number
each person whom Plaintiff(s) expects to call as an expert at trial and certifying that a written report
prepared and signed by the expert including all information required by Fed. R. Civ. P. 26(a)(2)(B)
has been disclosed to other parties by
Defendant(s) shall file and serve a document identifying by full name, address, and telephone number
6.
the required initial disclosures under Fed.R.Civ.P.
1
Plaintiff’s counsel shall initiate the scheduling of the Rule 26(f) conference with all counsel
known to plaintiff regardless of whether they have filed appearances.
2
The parties shall also consider whether they wish to consent to trial before a United States
Magistrate Judge. See Notice of Availability of United States Magistrate Judge.
3
Pursuant to Fed.R.Civ.P. 26(a)(1), the parties may, by stipulation, agree not to make some or
all of the Rule 26(a)(1) initial disclosures. If such a stipulation is made, it shall be confirmed in writing
between the parties. See Fed.R.Civ.P. 29 and Local Civil Rule 29.01.
4
As a general rule, when no timely response is filed to any motion, the Court will grant the
motion with the notation that it is being "granted without opposition."
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each person whom Defendant(s) expects to call as an expert at trial and certifying that a written
report prepared and signed by the expert including all information required by Fed. R. Civ. P.
26(a)(2)(B) has been disclosed to other parties by
7.
Counsel shall file and serve affidavits of records custodian witnesses proposed to be presented by
affidavit at trial no later than
Objections to such affidavits must be made within
fourteen (14) days after the service of the disclosure. (See Fed.R.Evid. 803(6), 902(11), or 902(12)
and Local Civil Rule 16.02(D)(3)).
8.
Discovery shall be completed no later than
. All discovery requests shall be
served in time for the responses thereto to be served by this date. De bene esse depositions must
be completed by discovery deadline. No motions relating to discovery shall be filed until counsel have
consulted and attempted to resolve the matter as required by Local Civil Rule 7.02.
9.
Motions in limine must be filed at no later than
due seven (7) days thereafter.
10.
All other motions, except those to complete discovery, those nonwaivable motions made pursuant to
Fed.R.Civ.P. 12, and those relating to the admissibility of evidence at trial, shall be filed on or before
. (Fed.R.Civ.P.16(b)(2)).
11.
Mediation shall be completed in this case on or before
Standing Mediation Order which sets forth mediation requirements.
12.
No later than
the parties shall file and exchange Fed.R.Civ.P.
26(a)(3) pretrial disclosures. Within fourteen (14) days thereafter, a party shall file and exchange
Fed.R.Civ.P. 26(a)(3) objections, any objections to use of a deposition designated by another party
and any deposition counter-designations under Fed.R.Civ.P. 32(a)(4). See Local Civil Rule 30.03(J)
(video deposition additional requirements).
13.
Parties shall furnish the Court pretrial briefs five (5) business days prior to the date set for jury
selection (Local Civil Rule 26.05). Attorneys shall meet at least five (5) business days prior to the
date set for submission of pretrial briefs for the purpose of exchanging and marking all exhibits. See
Local Civil Rule 26.07.
14.
This case is subject to being called for jury selection and/or trial on or after
.
. Written responses are
. See Judge Floyd's
Henry F. Floyd
United States District Judge
Dated:
Spartanburg, South Carolina
Pursuant to Local Civil Rule 83.I.08, this order is being sent to local counsel only.
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