Sanders v. Lanier Collection Agency & Service, Inc.

Filing 7

ORDERED that Sanders shall, within 11 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. ( Compliance due by 6/26/2017.) Signed by Magistrate Judge G. R. Smith on 6/15/17. (wwp) Modified on 6/15/2017 (wwp).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
LEONARD SANDERS,
Plaintiff,
v.
LANIER COLLECTION AGENCY &
SERVICE, INC.,
Defendant.

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CV417-061

ORDER

In this Fair Debt Collection Practices Act case removed from state

court, defendant Lanier Collection Agency & Service Inc.’s March 29,
2017 Answer (doc. 4) 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 Fed. R. Civ. P. 12(b) motion,
and to submit a Rule 26(f) report within 14 days thereafter). That report
was due May 29, 2017 (45 + 14 = 59 days following March 29, 2017,
which is May 27, 2017). Because that’s a Saturday, the due date became
the following Monday, May 29, 2017. Defendant has informed the Court

that no report has been filed because Sanders has not responded to its
attempts to contact him. See doc. 6 at 1-2.
Sanders therefore shall, within 11 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 15th day of June, 2017.

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