LM Insurance Corporation v. Roof Crafters, Inc. et al

Filing 59

ORDERED that in the future, to prevent any such errors from interfering with the speedy resolution of this case, counsel should file on the docket anything that implicitly or explicitly seeks Court action. Signed by Magistrate Judge G. R. Smith on 4/27/16. (wwp)

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UNITED STATES DISTRICT COURT :'U!5 APR 27 Pfrl 4.

SOUTHERN DISTRICT OF GEORGLkEyT;1
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SAVANNAH DIVISION
LM INSURANCE CORPORATION,
Plaintiff,
V.

ROOF CRAFTERS, INC. a/kJa
ROOFCRAFTERS, INC. and
DAVID OWENS,
Defendants.
ROOF CRAFTERS, INC., and DAVID
OWENS,

Case No. CV415-116

Third-Party Plaintiffs,
V.

J.C.B. ROOFING LLC, J.C.B.
ROOFING-Il, LLC, THOMAS
KREJCI and BOBBY MYERS,
Third-Party Defendants.
:s1llh1

After the addition of third-party defendants, the Court recently
entered a new Scheduling Order in this contract dispute. Doe. 58. In it,
the Court noted that the parties never submitted a proposed scheduling
order on February 17, 2016 as they previously represented (see doe. 57),

and that in any case such a submission would have been late by over two
months. Doc. 58 at 2. Plaintiffs counsel has since brought to the
Court's attention that in fact the proposed scheduling order was
submitted to the Court on February 17, 2016 via email to a Deputy
Clerk, who then advised counsel not to file it and that she would hand
deliver it to the Court Letter from counsel dated April 27, 2016
(appended to this Order).
At some point thereafter an internal processing error at the Court
occurred and the proposed order was never entered. The Court
acknowledges that that error, and not plaintiffs counsel, resulted in the
February 17, 2016 - April 20, 2016 delay in entering the Scheduling
Order.' In the future, to prevent any such errors from interfering with
the speedy resolution of this case, see Fed. R. Civ. P. 1, counsel should file
on the docket anything that implicitly or explicitly seeks Court action,
whether it be a motion, notice, status report, Rule 26(f) report, or other
filing. See Fed. R. Civ. P. 7(b) (1) ("A request for a court order must be
1

Counsel, however, remains responsible for the December 14, 2015 (the day a
proposed scheduling order was due, see doc. 45) to February 17, 2016 delay (the day
counsel actually submitted a proposal). The Court also notes that while counsel may
have "misread" the Court's instructions in the extension Order setting the December
14, 2015 deadline, it was in fact counsel who proposed the language that was
subsequently misread. Compare doe. 40-1 (proposed consent extension order), with
doe. 45 (extension order entered by the Court).

made by motion.").
Here portends a lesson in human fallibility. Despite their best
intentions, both lawyers and judges sometimes just get things wrong.
The Court does not infer that an y lawyer in this case, much less the
author of the attached letter, intentionally ignored a court order or
misrepresented anything. All we can do is strive to minimize our errors,
which I am sure we will each endeavor to do.
SO ORDERED, this 21day of April, 2016.

JUDGE
SOUTHERN DISTRICT OF GEORGIA

ATTORNEYS

SARAH H. LAMAR

Atornes at Law

Phone: [phone]

2011) )f, SantJukn Street

Fax:

Post Office Box 9848

www.hunterrnacican.com

Savannah, G\ 31412-0048

LlI

HunterMaclean

FlunterMacican

s1aaOhuntermic1ean.com

912-236-4936

April 27, 2016

VIA HAND DELIVERY
The Honorable G.R. Smith
Magistrate Judge
United States District Court
Southern District of Georgia
125 Bull Street
Savannah, Georgia 31412
RE:

LM Insurance Corporation v Roofcrafters, Inc.. et. al.
In the United States District Court, Southern District, Savannah Division
Civil Action No: 4:15-CV-00116

Dear Judge Smith:
My law firm is local counsel for the Plaintiff, LM Insurance Corporation, in the above case.
Your Honor recently issued two orders (Doe. #s 56 and 58) indicating that the parties had failed
to file a proposed scheduling order as requested by the Court's November 13. 2015 order. (Doe.
945). Although I will not speak for the other counsel involved in this case, it is fair to say we all
misread the Court's instruction in the November 13 order, and fbr that, I apologize. As Your
Honor has noted, rather than file a proposed scheduling order, the parties instead filed a Rule
26(f) Report on December 15, 2015 (Doe. #52).
After Your Honor's April 15, 2016 order (Doc. #56), the parties filed a proposed scheduling
order (Doe. #57) which stated at the top of the document that the parties had previously
submitted a proposed scheduling order on February 17, 2016, The Court took issue with this
statement, noting that "no filing appears on the docket on February 17, 2016 as plaintiffs
counsel represents." (Doc. 958). Although the parties did not tile a proposed order on February
17 such that it appeared on the docket, they had submitted on February 17 a proposed order to
Courtroom Deputy Clerk Sherri Flanders, at Ms. Flanders' request via an email Ms. Flanders
sent on February 3, 2016. The proposed order submitted to Ms. Flanders on February 17 is the
same as the proposed order that was filed in response to the Court's April 15 order. (Doe. 456).

In my email correspondence with Ms. Flanders on February 17, I specifically asked her whether
the parties should file the proposed order or submit it to the Court's proposed order email
address. Ms. Flanders responded, "No need to file and I'll hand-deliver to Judge Smith so no

The Honorable G.R. Smith
Magistrate Judge
April 27, 2016
Page 2

need to submit to the proposed order email box." (emphasis added). Copies of our email
correspondence accompany this letter.
I take seriously the duties a lawyer owes to the Court. The lawyers in this case, and specifically
the undersigned, were not intentionally ignoring the Court's order or misrepresenting their
actions with speet to the proposed scheduling order.
Thank you for your consideration.
Sincerely yours,

Sarah H. Lamar
SHL/ah
Enclosures
cc:

Via email with enclosures.'
Scott J. Crosby
R. Jonathan Hart
Kristen W. Goodman

HuorerMacleao

200 E. Saint Julian Street

Post Office Box 9848

Savannah, GA 31412-0048