First Mutual Group, LP v. Ward

Filing 28

ORDER. For good cause shown, the Court accepts Defendant Donald R. Ward, Jr.'s untimely-filed Answer and Affirmative Defenses 26 as timely filed. Plaintiff First Mutual Group, LP must meet and confer with Defendant Donald R. Ward, Jr. on o r before Friday, October 9, 2015, in person or telephonically, to prepare and file a joint case management report. Should Plaintiff First Mutual Group, LP fail to meet and confer to prepare a mutually agreed upon Case Management Report, this action may be dismissed for failure to prosecute without further notice. Signed by Judge Sheri Polster Chappell on 10/2/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
FIRST MUTUAL GROUP, LP,
Plaintiff,
v.

Case No: 2:14-cv-673-FtM-38MRM

DONALD R. WARD, JR.,
Defendant.
/
ORDER1
This matter comes before the Court on review of the docket. On September 28,
2015, the Court entered an Order to Show Cause, requiring Defendant to show cause as
to why he has failed to file an answer in this action. (Doc. #24). Defendant promptly filed
a Response, averring that he misunderstood a previous Order (Doc. #19) and that he
incorrectly believed an answer was not necessary at this time. (Doc. #25). On the same
day, Defendant corrected this error by filing an Answer and Affirmative Defenses. (Doc.
#26). For good cause shown, the Court accepts Defendant’s untimely-filed Answer and
Affirmative Defenses (Doc. #26) as timely filed.
In its Response, Defendant once again brought up that Plaintiff’s counsel has been
unresponsive, making it impossible to meet, confer, and prepare a joint case
management report, as required by Local Rule 3.05. (Doc. #25). That said, Plaintiff is

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ordered to meet and confer with Defendant on or before Friday, October 9, 2015, in
person or telephonically, to prepare and file a joint case management report. Should
Plaintiff fail to do so, Plaintiff is warned that this action may be dismissed for failure to
prosecute without further notice.
Accordingly, it is now
ORDERED:
1. For good cause shown, the Court accepts Defendant Donald R. Ward, Jr.’s
untimely-filed Answer and Affirmative Defenses (Doc. #26) as timely filed.
2. Plaintiff First Mutual Group, LP must meet and confer with Defendant Donald
R. Ward, Jr. on or before Friday, October 9, 2015, in person or telephonically,
to prepare and file a joint case management report.
3. Should Plaintiff First Mutual Group, LP fail to meet and confer to prepare a
mutually agreed upon Case Management Report, this action may be dismissed
for failure to prosecute without further notice.
DONE and ORDERED in Fort Myers, Florida, this 2nd day of October, 2015.

Copies: All Parties of Record

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