Seckinger v. Equifax Information Services, LLC

Filing 10

ORDERED directing Plaintiff that within 14 days of the date this Order is served, show why this case should not be dismissed without prejudice. ( Compliance due by 9/12/2016.) Signed by Magistrate Judge G. R. Smith on 8/29/16. (wwp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
MALLIE J. SECKINGER,
Plaintiff,
v.
Case No. CV415-304
EQUIFAX INFORMATION
SERVICES, LLC,
Defendant.

ORDER
In this Fair Credit Reporting Act case, defendant Equifax’s March
17, 2016 Answer (doc. 8) triggered Fed. R. Civ. P. 26(f)’s requirement
that the parties confer and file a discovery report. See Local Rule 26.1(a)
& (b) (requiring parties to confer no later than 45 days after the first
appearance of any defendant by Answer or Rule 12(b) motion, and to
submit a Rule 26(f) report within 14 days thereafter). That report was
due May 16, 2016 (45 + 14 = 59 days following March 17, 2016, which is
May 15, 2016. Because that’s a Sunday, the due date became the
following day, May 16, 2016). It has not surfaced.
Seckinger therefore shall, within 14 days of the date this Order is
served, show why this case should not be dismissed without prejudice for

abandonment and violation of a Court rule.

See Fed. R. Civ. P. 41(b);

Local Rule 41.1(c); Collins v. Lake Helen, L.P. , 249 F. App'x 116, 120
(11th Cir. 2007) (“[D]istrict court[s] possesses the inherent power to
police [their] docket[s]” and to prune out those cases left to languish by
their litigants) (citing Link v. Wabash R.R. Co. , 370 U.S. 626, 629-30
(1962)); Mingo v. Sugar Cane Growers Co-op , 864 F.2d 101, 102 (11th
Cir. 1989).

SO ORDERED, this 29th day of August, 2016.

UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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