United States of America v. Thomas

Filing 14

ORDERED that Defendant is directed to show cause with 14 days from the entry of this Order why she should not be sanctioned for failure to participate in the preparation and submission of a proposed discovery plan. The failure to do so may result in the striking of her answer. Signed by Magistrate Judge G. R. Smith on 5/25/2016. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
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UNITED STATES OF AMERICA,

)
)

Plaintiff,

Case No. CV416-044

V.
)

BELINDA THOMAS,
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Defendant.

ORDER
Plaintiff filed a unilateral Rule 26(f) report, stating that defendant
refused to cooperate in the development and submission of a proposed
discovery plan.
Rule 26(f) 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 . . . a written report outlining" their
proposed discovery plan. Fed. R. Civ. P. 26(f) (emphasis added). Unilateral
reports from one party are not allowed.

Unless the defendant is in state or federal custody,' she is required to
participate in the preparation and submission of the written report
outlining a proposed discovery plan. Her refusal to do so may subject her
to sanctions. The parties who are prepared to conduct the Rule 26(f)
conference and file the report may advise the Court of their inability to do
so because of the noncooperating party, but they may not file a unilateral
Rule 26(f) report.
Defendant is directed to show cause within 14 days from the entry of
this Order why she should not be sanctioned for failure to participate in the
preparation and submission of a proposed discovery plan. The failure to do
so may result in the striking of her answer.
SO ORDERED this ?5 day of May, 2016.
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

'Pro se prisoner actions are not subject to the Rule 26(f) conference requirement.
See Fed. R. Civ. P. 26(f) (exempting cases not subject to the initial disclosure
requirements, including pro se prisoner actions per Rule 26(a)(1)(E)(iii)).
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