Carson v. Monsanto Company

Filing 52

ORDER granting the extension of time to the file stipulation of dismissal or the Rule 26(f) report re 51 Status Report filed by Monsanto Company. (Rule 26 Report due by 2/18/2021). Signed by Magistrate Judge Christopher L. Ray on 1/26/21. (wwp)

Case 4:17-cv-00237-RSB-CLR Document 52 Filed 01/26/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
JOHN D. CARSON, SR.,
Plaintiff,
v.

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CV417-237

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MONSANTO COMPANY,
Defendant.

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ORDER
On December 21, 2020, this Court granted in part and denied in part
Defendant Monsanto Company’s Motion for Judgment on the Pleadings. Doc.
49. The ourt further directed the parties to conduct a Rule 26(f) conference
no later than January 11, 2021 and submit a report of that conference no later
than January 18, 2021. Id. at 16. On January 19, 2021, the parties submitted a
joint status report indicating that they have been engaged in settlement
discussions but request additional time in which to submit their report to the
court. Doc. 51. The parties propose that they will “file, by February 18, 2021, a
stipulation of dismissal or a joint proposed scheduling order regarding case
management deadlines.” Id.
While the court commends the parties for their efforts to resolve this case
by agreement, and will grant the additional time as requested, the court would

Case 4:17-cv-00237-RSB-CLR Document 52 Filed 01/26/21 Page 2 of 2

be remiss if it did not make two observations. First, the request for additional
time should have been brought by means of a motion as opposed to being
contained within a status report. Second, if the parties are not able to reach a
resolution in this case, they should not merely file a “joint proposed scheduling
order” but rather a complete Rule 26(f) report as previously directed. Doc. 49
at 16. To the extent the parties may require the assistance of the court in
consummating a settlement, they are welcome to request a settlement
conference with the undersigned.
The parties’ request for additional time is GRANTED. The parties shall
file their stipulation of dismissal or Rule 26(f) report no later than, February
18, 2021.
SO ORDERED, this 26th day of January, 2021.

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CHRISTOPHER L. RAY
HRISTOPHER
S
H
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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