Garcia v. Windstream Communications, Inc.

Filing 26

ORDER OF INSTRUCTIONS TO PRO SE LITIGANT, and ORDER REQUIRING PLAINTIFF TO PROVIDE UPDATED CONTACT INFORMATION ON OR BEFORE FEBRUARY 7, 2012. Signed by Judge Robert N. Scola, Jr on 1/27/2012. (rss)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 11-22564-Civ-SCOLA
IRIS GARCIA,
Plaintiff,
vs.
WINDSTREAM COMMUNICATIONS, INC.,
Defendant.
_____________________________________/
ORDER PROVIDING INSTRUCTIONS TO PRO SE LITIGANT AND ORDER
REQUIRING PLAINTIFF TO PROVIDE UPDATED CONTACT INFORMATION
THIS MATTER is before the Court upon an independent review of the record. Pro se
litigants (i.e., parties not represented by counsel), like all litigants, must comply with the rules of
civil procedure and the Court’s orders. Accordingly, it is ORDERED that Plaintiff, Iris Garcia,
a pro se litigant, shall comply with all Federal Rules of Civil Procedure and Local Rules for the
Southern District of Florida,1 as well as this Court’s Orders, including the Amended Scheduling
Order (ECF No. 21).2 Failure to comply with the federal, local rules or with this Court’s orders
may result in sanctions being imposed against pro se litigants, up to and including the possible
dismissal of this action. Some of the requirements of these rules are as follows:
1. Every pleading, motion, memorandum, or other paper required and/or permitted to be
filed with the Court must be filed directly with the Clerk of the Court. No letters, pleadings,
motions, or other documents may be sent directly to the District Judge or Magistrate Judge’s
chambers.

Any papers improperly delivered directly to chambers will be returned and

disregarded by the Court.
2. All papers filed must include the case style, case number, and appropriate title in the
format required by the Local Rules. See Sample Form Following Local Rule 5.1. The signature
1

The Federal and Local Rules may be accessed from the Clerk of the Court’s website, available
at: http://www.flsd.uscourts.gov.
2
The court docket for this case can be accessed through the PACER service, available at www.
pacer.gov.

block of each pleading must also contain the pro se litigant’s name, address, and telephone
number.
3. All papers filed with the Clerk of Court must also be served on the opposing counsel,
or the opposing side if the opposing side is not represented by counsel. Each filing must include
a certificate of service indicating the name and address of the attorney served.
4. Litigants must promptly notify the Court of any change in address by filing a “Notice
of Change of Address,” which also must be served on opposing counsel.
5. A pro se litigant who wishes to oppose a motion must respond in writing within the
time periods provided by the rules of procedure.
6. Any litigant and his or her family, friends, or acquaintances may not call the Judge’s
chambers for legal advice about the case. Brief case status information contained on the docket
sheet may be available from the Clerk of Court.
7. A pro se litigant bears responsibility for actively pursuing his or her case and must
obtain any essential discovery, file all necessary pleadings and motions, comply with all
scheduling orders, and prepare the case for trial.
It is FURTHER ORDERED that the Plaintiff, Iris Garcia, shall file, on or before
February 7, 2012, with the Clerk of the Court a “Notice of Pro Se Appearance” stating an
address and e-mail address where notices or other papers may served on her, and a telephone
number on which she may be reached. If, at any time, Ms. Garcia retains new counsel, her new
attorney shall file a Notice of Appearance.
DONE and ORDERED in chambers, at Miami, Florida, on January 27, 2012.

_________________________________
ROBERT N. SCOLA, JR.
UNITED STATES DISTRICT JUDGE
Copies to:
Counsel of record
Iris Garcia, pro se
15565 S.W. 138 Terrace
Miami, FL 33186
[e-mail]