Real v. The City of Fort Myers et al

Filing 33

ORDER denying as moot 30 Defendants' Motion to Quash; granting 32 Defendants' Joint Amended Motion to Quash. Plaintiff's Subpoenas (Docs. 31-1, 31-2, 31-3) are QUASHED. The Preliminary Pretrial Conference scheduled for April 18, 2018 is CANCELLED. A Notice rescheduling a Preliminary Pretrial Conference will be issued separately. Signed by Magistrate Judge Carol Mirando on 4/6/2018. (HJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MAMBERTO REAL,
Plaintiff,
v.

Case No: 2:17-cv-117-FtM-38CM

THE CITY OF FORT MYERS,
MICHEL PERRY and MICHAEL
PERRY,
Defendants.
ORDER
This matter comes before the Court upon review of Defendants’ Motion to
Quash (Doc. 30) filed on April 4, 2018 and Defendants’ Joint Amended Motion to
Quash (Doc. 32) filed on April 6, 2018.
is scheduled for April 18, 2018.
Management Report yet.

A Preliminary Pretrial Conference (“PPTC”)

Doc. 29.

The parties have not filed a Case

On March 27, 2018, Plaintiff issued Subpoenas to Appear

and Testify at a Hearing or Trial in a Civil Action to members of the Fort Myers Police
Department to testify before the Court during the PPTC.
31-2, 31-3.

Docs. 30-1, 30-2, 31, 31-1,

Defendants seek to quash the subpoenas because they are not consistent

with the purposes of the PPTC.

Docs. 30 at 1, 32 at 1. The Court will quash the

subpoena because the purposes of the PPTC are:
(1) expediting disposition of the action;
(2) establishing early and continuing control so that the case will not be
protracted because of lack of management;
(3) discouraging wasteful pretrial activities;
(4) improving the quality of the trial through more thorough preparation;
and

(5) facilitating settlement.
Fed. R. Civ. P. 16(a). A PPTC is not a court hearing or trial that generally requires
the testimony of witnesses. See id. Furthermore, Defendants correctly state the
parties have not identified relevant witnesses at this point. Docs. 30 at 3, 32 at 3.
Thus, the Court finds the testimony of witnesses unnecessary to proceed with the
PPTC and will quash the subpoenas.
The Court notes although Plaintiff is proceeding pro se, he “must follow the
rules of procedure,” and “the district court has no duty to act as his lawyer.” United

States v. Hung Thien Ly, 646 F.3d 1307, 1315 (11th Cir. 2011) (citations omitted).
Accordingly, Plaintiff must comply with the Federal Rules of Civil Procedure in
prosecuting his case.

The Court also will cancel the upcoming PPTC because

Defendants’ motions to dismiss are pending, and the parties have not yet filed a Case
Management Report.
ACCORDINGLY, it is hereby
ORDERED:
1.

Defendants’ Motion to Quash (Doc. 30) is DENIED as moot.

2.

Defendants’ Joint Amended Motion to Quash (Doc. 32) is GRANTED.

Plaintiff’s Subpoenas (Docs. 31-1, 31-2, 31-3) are QUASHED.
2.

The Preliminary Pretrial Conference scheduled for April 18, 2018 is

CANCELLED.

A Notice rescheduling a Preliminary Pretrial Conference will be

issued separately.

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DONE and ORDERED in Fort Myers, Florida on this 6th day of April, 2018.

Copies:
Counsel of record
Unrepresented parties

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