Having a hard time figuring out how deadlines (such as discovery) are affected by having a matter remanded back to state court (GA). State court judge has yet to file a scheduling order. Thoughts?

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There are cases on this but the best practice is get an agreement. If someone propounded discovery before remand, the responding party should reach out with a “confirming this deadline has been mooted since the matter was remanded and FRCP no longer applies.” If they disagree they’ll let you know and you can either ask for an extension or serve your responses. No reason to get in a tussle about who’s right or wrong when ultimately they can just re-serve the same discovery in state court if they really want it.

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We usually just reach an agreement and draft a proposed scheduling order for the judge (check the Georgia Civil Practice Act as I believe the Rule 26(f) analog is not a mandatory provision). This is particularly effective for both sides when a federal judge rules on the federal claims at summary judgment and gets too lazy to rule on the state law claims. In other words, pick up the phone and call your opposing counsel and come to an agreement on discovery, discovery deadlines, etc.

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