Ross v. Fogam, et al.

Filing 61

ORDER that within 30 days of the date the Eleventh Circuit's mandate is filed in this case,then Fogam shall file an Answer to Ross' Amended complaint. Within 21 days thereafter, the parties must confer. Fourteen days after that, the parties must submit a Rule 26(f) Report to the Court outlining their discovery plan. Signed by Magistrate Judge G. R. Smith on 1/14/16. (bcw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
MILTON ROSS,
Plaintiff,
Case No. CV411-198

V.

DOCTOR ERIC FOGAM,
Defendant.

[OlD) :),
This case is on remand from the Eleventh Circuit, which concluded
that this Court abused its discretion in dismissing plaintiff Milton Ross'
Complaint with prejudice for lying on his in forma pauperis (IFP)
application. Ross v. Fogam, 2016 WL 66668 (11th Cir. Jan. 5, 2016).
That court found that plaintiffs IFP application mistakes in this and an
earlier case "do not rise to the level of bad faith that would warrant
dismissal with prejudice." Id. at * 8. It then directed this Court "to
permit Ross to proceed under his amended complaint." Id.
Before Ross' appeal from the grant of defendant Eric Fogam's
motion to dismiss, the Court determined that his claims against Fogam
survived preliminary review. See doc. 24 at 6 ("[T]he Court is satisfied

that he has, if barely, alleged facts showing that Fogam was aware that
there were better treatment options available for his chronic pain but
denied access to those treatments for reasons other than sound medical
judgment."). Within 30 days of the date the Eleventh Circuit's mandate
is filed in this case, then, Fogam shall file an Answer to Ross' Amended
Complaint. Within 21 days thereafter, the parties must confer as
provided in Fed. R. Civ. P. 26(f). Fourteen days after that, the parties
must submit a Rule 26(1) report to the Court outlining their discovery
plan. L.R. 26.1(b).
SO ORDERED, this /$day of January, 2016.

2L
UNITED'STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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