Dish Network L.L.C. et al v. Pollock

Filing 14

ORDER denying without prejudice 13 Plaintiffs' Motion to Accept Plaintiffs' Case Management Report. Plaintiffs shall have up to and including January 16, 2018 to contact Defendant via telephone and email to arrange a case management c onference. Defendant's failure to respond to Plaintiffs and participate in a case management conference could result in the Court recommending that a default be entered against Defendant. Signed by Magistrate Judge Carol Mirando on 1/2/2018. (HJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DISH NETWORK L.L.C. and
NAGRASTAR LLC,
Plaintiffs,
v.

Case No: 2:17-cv-573-FtM-99CM

ROGER POLLOCK,
Defendant.
ORDER
This matter comes before the Court upon review of Plaintiffs’ Motion to Accept
Plaintiffs’ Case Management Report (Doc. 13) filed on December 22, 2017. Plaintiffs
state they were unable to have a case management conference with Defendant, who
is proceeding pro se, because Defendant did not respond to Plaintiffs’ requests to
arrange a case management conference.

Doc. 13.

Plaintiffs seek the Court to

accept their Case Management Report (Doc. 13-2 at 19-27) they prepared without the
input of Defendant.

Id.

The Related Case Order and Track Two Notice states “counsel and any
unrepresented party shall meet within THIRTY (30) DAYS after service of the
complaint upon any defendant, or the first appearance of any defendant, to prepare a
Case Management Report.”

Doc. 7 at 1. Here, Plaintiffs’ counsel states he sent an

email and letter to Defendant, requesting Defendant to contact his office to schedule
a case management conference.

Doc. 13-1 at 1.

Plaintiffs do not make clear,

however, whether Defendant received their correspondence and understood his
obligation to participate in a case management conference.

Doc. 13.

Given the timing of the year and Defendant’s pro se status, the Court will
direct Plaintiffs’ counsel to contact Defendant via telephone and email to ensure that
Defendant has an opportunity to participate in a case management conference.

If

Defendant does not respond to Plaintiffs or refuses to participate in a case
management conference, Plaintiffs then must notify the Court.

The Court further

notes the Case Management Report prepared by Plaintiffs contain certain proposed
deadlines that had passed.

Doc. 13-2 at 19.

Instead, a new Case Management

Report must propose amended deadlines that have not yet passed.
The Court also advises Defendant that pursuant to the Court’s Order (Doc. 7),
he must respond to Plaintiffs’ requests to arrange a case management conference and
participate in a case management conference to prepare a Case Management Report.
Defendant’s failure to comply with this Order and participate in a case management
conference could result in the Court recommending that a default be entered against
Defendant.
ACCORDINGLY, it is hereby
ORDERED:
1.

Plaintiffs’ Motion to Accept Plaintiffs’ Case Management Report (Doc. 13)

is DENIED without prejudice.
2.

Plaintiffs shall have up to and including January 16, 2018 to contact

Defendant via telephone and email to arrange a case management conference.

-2-

Defendant’s failure to respond to Plaintiffs and participate in a case management
conference could result in the Court recommending that a default be entered against
Defendant.
3.

The parties shall have up to and including January 30, 2018 to file a Case

Management Report as a separate docket entry.

If Defendant does not respond to

Plaintiffs or refuses to participate in a case management conference, Plaintiffs
promptly must notify the Court.

A Case Management Report must propose

amended deadlines that have not yet passed.
DONE and ORDERED in Fort Myers, Florida on this 2nd day of January,
2018.

Copies:
Counsel of record
Unrepresented parties

-3-