Bradley v. Tucker et al

Filing 23

ORDER granting 7 Motion to Stay Discovery; granting 20 Motion for Protective Order. Signed by Magistrate Judge G. R. Smith on 12/4/2014. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
ALBERT BRADLEY,

)
)

Plaintiff,

)
)

Case No. CV414-165

V.

OFFICER CHRISTOPHER
TUCKER; JOHN &
JANE DOE 1-20
in their personal capacities as
law enforcement officers of
the state and federal
governments,
Defendants.

REPORT AND RECOMMENDATION
In response to this Court's Order (doc. 11), plaintiff Albert Bradley
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has endeavored to show cause why his case should not be dismissed for
failing to participate in the conference required by Fed. R. Civ. P. 26.
Doc. 16. Bradley's counsel cites his lack of federal court experience, his
unfamiliarity with the Court's rules, his failure to master the Court's
docketing software, and the fact that he was busy responding to defense
motions. Doc. 16 at 1-2. He promises to "to put in the time and effort to
review the federal rules of civil procedure and the local rules and correct

any errors or omissions I have made by Monday, November 25, 2014."

Id. at 2; see also doe. 17 (his Rule 26(f) report filed November 24, 2014).
Bradley has failed to show cause. There is nothing complex about
the Rule 26 conference process. The parties confer, then jointly file a
Rule 26 Report. Counsel's explanation that he had an "intellectual" but
not a "gut level" understanding of the federal rules rings hollow, doe. 16
at 1, for on the very date he filed the complaint, the Court served its
General Order (entered at the outset of all civil cases) advising him in
simple terms of (1) the requirements of Rule 26(1) and (2) the courtimposed deadline for conducting the conference and submitting the
report outlining the parties' proposed discovery plan. Doe. 3 (Order
directing counsel "to confer" as provided by Fed. R. Civ. P.26(b) and L.R.
26.1(a), and imposing a deadline for conducting the conference and filing
the required Rule 26(1) report). That Order also advised counsel of the
need to conform the report to the language and format of the form set
forth in the Court's Local Rules and attached to the Order. Id. While
plaintiff's counsel later submitted his own unilateral Rule 26(1) report,
doe. 17, he did so after the Court specifically ruled that a party "may not

file a unilateral Rule 26(f) report." Doe. 11 (emphasis added). Moreover,
he failed to adhere to the prescribed format for such reports.
Defendant Chris Tucker represented that, "[d]espite attempts to
coordinate with Plaintiff, Plaintiffs counsel has failed to file the parties'
Joint Rule 26(f) Report." Doe. 9 at 1. Bradley does not even bother to
address, much less negate, Tucker's otherwise diplomatically worded
assertion -- that Bradley's counsel simply blew off a court ordered
obligation. Nor has plaintiff's counsel abided by his promise to educate
himself about the rules and follow them. Counsel seems utterly
incapable of reading, understanding, and then complying with either the
rules or this Court's straightforward orders.
Because plaintiff has failed to show good cause, this case should be
DISMISSED for disobeying a Court Order. Fed. R. Civ. P. 41(b); L.R.
41(b) (authorizing dismissal for neglect of any Court order); see Link v.

Wabash Railroad Co., 370 U.S. 626, 630-31 (1962); Mingo v. Sugar Cane
Growers Co-op, 864 F.2d 101, 102 (11th Cir. 1989); Jones v. Graham, 709
F.2d 1457, 1458 (11th Cir. 1983). In light of this result, the Court
GRANTS the defense's stay and protective order motions. Does. 7 & 20.

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SO REPORTED AND RECOMMENDED this

0

day of

December, 2014.
UNIT1D S'ATES MAGISTRATE JUDGE
S OUTHER 1 DISTRICT OF GEORGIA

Case 4:14-cv-00165-BAE-GRS Document 3 Filed 08/01/14 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT
-

(

THE SOUTHERN DISTRICT OF GEORGIA

•

C 414 165

CASE NO.

GENERAL ORDER
Federal Rule of Civil Procedure 26(f) requires the parties to
confer, develop a proposed discovery plan, and submit a report to this
Court. Subsequent to the filing of the report, a Scheduling Order
must be entered pursuant to Fed. R. Civ. P. 16(b). Therefore, by the
earlierof 21 days after the filing of the last answer of the defendants
named in the original complaint or 45 days after the first appearance
by answer or motion under Fed. R. Civ. P. 12 of a defendant named in
the original complaint, the parties shall confer as provided in Rule
26(f). L.R. 26.1(a). Thereafter, within 14 days after the required
conference held pursuant to Rule 26(0, the parties shall submit to the
Court a written report conforming to the language and format of the
Rule 26(f) Report attached to this Order outlining their discovery
plan. L.R. 26.1(b).

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Case 4:14-cv-00165-BAE-GRS Document 3 Filed 08/01/14 Page 2 of 8

Except in unusually protracted or complex cases, the parties will be
expected to adhere to the following deadlines and limitations:
1.

The parties shall serve all written discovery on opposing
parties and shall complete all depositions within 140 days of
the filing of the last answer of the defendants named in the
original complaint. L.R. 26.1(d) (i).

2.

The plaintiff must furnish the expert witness reports and
disclosures required by Rule 26(a)(2) within 60 days after the
Rule 26(f) conference. L.R. 26.1(d)(ii).

3.

The defendant must furnish the expert witness reports and
disclosures required by Rule 26(a)(2) within 90 days after the
Rule 26(1) conference (or 60 days after the last answer,
whichever is later). L.R. 26.1(d)(iii).

4.

The last day for filing motions to add or join parties or
amend the pleadings is 60 days after the first answer of the
defendants named in the original complaint. L.R. 16.3.

5.

The last day for filing all other motions, including Daubert
motions but excluding motions in limine, is 30 days after the
close of discovery. L.R. 7.4.

Plaintiff's counsel shall ensure that a copy of this Order is served upon each
party. Finally, a party who cannot gain the cooperation of the other party
in preparing the Rule 26(1) report should advise the Court prior to the due
date of the report of the other party's failure to cooperate.
SO ORDERED.

JUDGE
SOIUNDISTRICr of GEORGYA

2

I

Case 4:14-cv-00165-BAE-GRS Document 3 Filed 08/01/14 Page 3 of 8

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
DIVISION

Plaintiff
Case No.

V.

Defendant
RULE 26(f) REPORT
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Date of Rule 26(f) conference:

2.

Parties or counsel who participated in conference:

3.

If any defendant has yet to be served, please identify the defendant
and state when service is expected.

4.

Date the Rule 26(a)(1) disclosures were made or will be made:

5.

If any party objects to making the initial disclosures required by
Rule 26(a)(1) or proposes changes to the timing or form of those
disclosures,

Case 4:14-cv-00165-BAE-GRS Document 3 Filed 08/01/14 Page 4 of 8

(a)

(b)

6.

Identify the party or parties making the objection or proposal:

Specify the objection or proposal:

The Local Rules provide a 140-day period for discovery. If any
party is requesting additional time for discovery,
(a)

Identify the party or parties requesting additional time:

(b)

State the number of months the parties are requesting for
discovery:
months

(c)

Identify the reason(s) for requesting additional time for
discovery:
Unusually large number of parties
Unusually large number of claims or defenses
Unusually large number of witnesses
Exceptionally complex factual issues
Need for discovery outside the United States

IM
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U

Case 4:14-cv-00165-BAE.-GRS Document 3 Filed 08/01/14 Page 5 of 8

Other:
(d) Please provide a brief statement in support of each of the
reasons identified above:

7.

If any party is requesting that discovery be limited to particular
issues or conducted in phases, please
(a)

Identify the party or parties requesting such limits:

(b)

State the nature of any proposed limits:

The Local Rules provide, and the Court generally imposes, the
following deadlines:
Last day for filing motions to add
or join parties or amend pleadings

60 days after issue is joined

Last day to furnish expert witness
reports and disclosures by plaintiff

60 days after Ru1e26(f)
conference
k.
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Case 4:14-cv-00165-BAE-GRS Document 3 Filed 08/01/14 Page 6 of 8

90 days after Rule 26(f)
Last day to furnish expert witness
reports and disclosures by defendant conference (or 60 days
after the answer, whichever
is later)
Last day to file motions

30 days after close of
discovery

If any party requests a modification of any of these deadlines,
(a)

(b)

9.

Identify the party or parties requesting the modification:

State which deadline should be modified and the reason
supporting the request:

If the case involves electronic discovery,
State whether the parties have reached an agreement
regarding the preservation, disclosure, or discovery of
electronically stored information, and if the parties prefer to
have their agreement memorialized in the scheduling order,
briefly describe the terms of their agreement:

(b) Identify any issues regarding electronically stored
information as to which the parties have been unable to reach

Case 4:14-cv-00165-BAE-GRS Document 3 Filed 08/01/14 Page 7 of 8

an agreement:

10. If the case is known to involve claims of privilege or protection of
trial preparation material,
(a)

State whether the parties have reached an agreement
regarding the procedures for asserting claims of privilege or
protection after production of either electronic or other
discovery material:

(b)

Briefly describe the terms of any agreement the parties wish
to have memorialized in the scheduling order (or attach any
separate proposed order which the parties are requesting the
Court to enter addressing such matters):

(c)

•Identify any issues regarding claims of privilege or protection
as to which the parties have been unable to reach an
agreement:

11. State any other matters the Court should include in its scheduling
order:

Case 4:14-cv-00165-BAE-GRS Document 3 Filed 08/01114 Page 8 of 8

12. The parties certify by their signatures below that they have
discussed the nature and basis of their claims and defenses and the
possibilities for prompt settlement or resolution of the case. Please
state any specific problems that have created a hindrance to the
settlement of the case:

This

day of

, 20_.

Signed:
Attorney for Plain tiff

Attorney for Defendant

1!

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