Rogers v. Toombs County Board of Education

Filing 15

ORDER granting 14 Motion. Plaintiff is Ordered to cooperate with defense counsel in producing a joint Rule 26(f) report. The Report is due within 14 days of the date on which the Order is served. Signed by Magistrate Judge G. R. Smith on 3/5/15. (wwp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
NEEDUM ROGERS,
Plaintiff,
Case No. CV614-117

V.

TOOMBS COUNTY
BOARD OF EDUCATION,
Defendant.

Twice now the Court has ordered Title VII plaintiff Needum Rogers
to cooperate with counsel for the defendant, the Toombs County Board of
Education, in producing a Fed. R. Civ. P. 26(f) Report. See doc. 2 at 1
(ordering the parties to confer under that rule); doe. 12 at 7 ("Plaintiff is
DIRECTED to cooperate with defense counsel in producing a joint Rule
26(1) report or risk sanctions, including dismissal of his case."). Twice he
has failed to comply. Docs. 9 & 13 (Rogers' two non-jointly filed Rule
26(f) reports); see also doe. 14 (defendant's "Motion to Clarify 'Joint Rule
26(f) Report' explaining missed phone calls and failure to confer
regarding the attempt to file a joint Rule 26(1) Report).

The Court's first directive was in its General Order issued while
Rogers was represented in this case Doe. 2; see also doe. 8 (order
granting his attorney's withdrawal) The Court thus has reason to
overlook plaintiffs first violation because he was represented and
perhaps had no cause to read that order (though withdrawing counsel
was obligated to instruct him about his responsibilities). But the second
Order, as excerpted above, specifically addressed him. Hence, the Court
is reluctant to excuse plaintiffs second violation.
Nevertheless, it will give him one more chance. Accordingly, the
Court GRANTS defendant's "clarification" motion (doe. 14) and
ORDERS plaintiff to cooperate with defense counsel in producing ajoint
Rule 26(f) report or face sanctions, including dismissal of his case. That
Report is due within 14 days of the date on which this Order is served.
As part of this effort, each party is DIRECTED to promptly and timely
return each other's phone calls (if not emails) and in good faith avoid
"telephone tag" in getting this simple task accomplished.
SO ORDERED, this 5lay of March, 2015.
UNITE1 FATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA