Colonial Life & Accident Insurance Company v. Robbins et al

Filing 20

ORDERED that the Court will not impose sanction, but will hold parties to their promise to move for discharge and entry of default. Consequently, both motions must be filed within thirty days of the date this Order is served. Signed by Magistrate Judge G. R. Smith on 8/21/2015. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
COLONIAL LIFE & ACCIDENT
INSURANCE CO.,
Plaintiff,
V.

Case No. CV414-254
ROBERT L. ROBBINS; BROOKE
ROBBINS; ARON G. WEINER, as
Administrator of the Estate of Susan
E. Robbins; DAMIAN BEDNARCZYK;
and TARA BEDNARCZYK,
Defendants.

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i) DI

On August 6, 2015 -- approximately one month after the deadline
passed for the parties to conduct a Rule 26(f) conference -- the Court
ordered plaintiff to show cause why this interpleader action should not
be dismissed for failure to file a Rule 26(f) report. Doc. 17. Plaintiff and
Aron Weiner, the only defendant to date who has answered, then
belatedly conferenced and filed the required report on August 19, 2015.
Doc. 18. Plaintiff has now responded to the Court's show cause order,
stating that it neglected to file the report on time because it simply
"failed to calendar the due date." Doe. 19 at 1. Furthermore, says

plaintiff, it has paid the disputed life insurance benefit into the registry
of the Court, does not intend to conduct discovery, and shortly will file a
motion for discharge of liability, at which point Weiner will move for
entry of default against the other defendants and "disbursement of the
interpleader fund to the Estate of Susan E. Robbins." Id. at 3-4.
Plaintiff offers no good excuse for its negligent failure to follow a
Court order (doc. 2). But since the parties have now conferred as
required and represent that they will soon take steps to expeditiously
conclude this matter, dismissal would only undermine the "just, speedy,
and inexpensive" resolution contemplated by Fed. R. Civ. P. 1. The
Court therefore will not impose that sanction, but will hold the parties to
their promises to move for discharge and entry of default. Consequently,
both motions must be filed within 30 days of the date this Order is
served.
SO ORDERED, this 21st day of August, 2015.

UMTED STATES MAGISTRATE JUDGE

SOUTHERN DISTRICT OF GEORGIA

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