Bradley v. Tucker et al

Filing 11

ORDERED that plaintiff is directed to show cause, within fourteen days from the entry of this Order, why his case should not be dismissed. Signed by Magistrate Judge G. R. Smith on 11/13/2014. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

ALBERT BRADLEY,

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Plaintiff,

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"a

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Case No. CV414-165

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OFFICER CHRISTOPHER TUCKER,
et al,,

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Defendants.

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ORDER
Defendant Christopher Tucker, by and through his counsel
Christopher Smith, filed a unilateral Rule 26(f) report stating that no Rule
26(1) conference was held because the plaintiff refused to cooperate.
Rule 26(f) contemplates that the report be prepared after the parties
have conferred, and the rule places on the "attorneys of record and all
unrepresented parties that have appeared in the case" the joint
responsibility of arranging the conference and submitting the written
report outlining a proposed discovery plan. Fed. R. Civ. P. 26(f)(emphasis
added). A party who is prepared to conduct the Rule 26(f) conference and

file the report may advise the Court of its inability to do so because of a
noncooperating party, but it may not file a unilateral Rule 26(f) report.
Plaintiff is directed to show cause within 14 days from the entry of
this Order why his case should not be dismissed for failure to participate in
the Rule 26(1) conference and assist in the preparation of a proposed
discovery plan. The failure to do so may result in the dismissal of this case.
SO ORDERED this 13day of November, 2014.
UNITED TATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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