Brown v. Charlotte Rentals LLC et al

Filing 35

ORDER striking from the record re 34 Certification of Initial Attorneys Conference and Discovery Plan. Signed by Chief Judge Frank D. Whitney on 2/5/16. (Pro se litigant served by US Mail.)(clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:15-cv-0043-FDW-DCK
TERRY L. BROWN,
Plaintiff,
vs.
CHARLOTTE RENTALS LLC,
Defendant.

)
)
)
)
)
)
)
)
)
)

ORDER

THIS MATTER is before the Court sua sponte upon review of Pro Se Certification of
Initial Attorney Conference. (Doc. No. 34). It appears to the Court that no Rule 26(f)
conference was, in fact, conducted. Accordingly, Plaintiff’s filing is inappropriate and should be
stricken from the record.
Defendant represented to the Court in prior filings indicating that “[Defense counsel]
would not contact Mr. Brown unless he contacted me first.” Doc. No. 30. However, Plaintiff’s
Response to Notice indicates that he has attempted to contact Defendant to schedule and/or
conduct the Rule 26(f) conference but has received no response. Doc. No. 33. Defendant has
further represented to the Court that “[a]s Plaintiff, Mr. Brown is to initiate the attorney
conference . . .” Doc. No. 30.
This is incorrect. Rule 26 clearly states that
[t]he attorneys of record and all unrepresented parties that have
appeared in the case are jointly responsible for arranging the
conference, for attempting in good faith to agree on the proposed
discovery plan, and for submitting to the court within 14 days after
the conference a written report outlining the plan.

Fed.R.Civ.P. 26(f)(2) (emphasis added). Thus, contrary to Defendant’s
assertions, the onus for conducting the Initial Attorney’s Conference rests upon
both parties.
IT IS THEREFORE ORDERED that Plaintiff’s Certification of Initial
Attorney Conference (Doc. No. 34) be stricken from the record.
IT IS FURTHER ORDERED that parties submit a Certification of Initial
Attorney’s Conference Report as required by the Court’s Order entered on January
27, 2016. (Doc. No. 32).
IT IS SO ORDERED.

Signed: February 5, 2016