Officer Porter's Objection Shorten Discovery
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Case 1:06-cv-02954-WSD
Document 82
Filed 06/06/2007
Page 1 of 8
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION JAMES B. STEGEMAN,
) ) Plaintiff, ) ) v. ) ) STATE OF GEORGIA, thru GOVERNOR ) SONNY PERDUE, in His Official Capacity;) STATE OF GEORGIA DEPARTMENT ) OF HUMAN RESOURCES; DEKALB ) COUNTY, thru CEO VERNON JONES ) in His Official Capacity; DEKALB ) COUNTY DEPARTMENT OF FAMILY ) & CHILDREN SERVICES; DEKALB ) COUNTY FIRE & RESCUE; LT. ) HUGHETT - NO. 581 In His Official ) Individually and in His Official Capacity; ) EMS MEDIC DENNIS CARLOCK ) Individually and in His Official Capacity; ) STONE MOUNTAIN POLICE OFFICER ) R. B. PORTER BADGE, #119, ) Individually and in His Official Capacities; ) DEKALB COUNTY PROBATE COURT; ) PROBATE JUDGE JERYL DEBRA ) ROSH, Individually and in Her Official ) Capacity; GEORGIA SUPERIOR COURT, ) STONE MOUNTAIN JUDICIAL ) CIRCUIT; STATE COURT OF ) GEORGIA; DEKALB COUNTY ) SOLICITOR’S OFFICE; JANE DOE 01- ) 100; JOHN DOE 01-100, ) ) Defendants. )
CIVIL ACTION FILE NO. 1:06-CV-2954-WSD
Case 1:06-cv-02954-WSD
Document 82
Filed 06/06/2007
Page 2 of 8
DEFENDANT OFFICER R. B. PORTER’S RESPONSE TO PLAINTIFF’S MOTION TO SHORTEN DISCOVERY PERIOD COMES NOW Defendant Officer R. B. Porter and files this, his Response in opposition to Plaintiff’s Motion to Shorten Discovery Period. Defendant Porter would rather not spend the time and resources on discovery in this case and prefers that this Court soon considers and grants his Motion to Dismiss. However, until this case is dismissed, Defendant Porter must confront the facts and substance of this case and proceed with discovery. Defendant Porter herein shows that he requires a full discovery period of six months for extensive discovery, including additional written discovery to Plaintiff and the depositions of Plaintiff and other third parties. In his Motion to Shorten Discovery Period, Plaintiff requests that this Court shorten the discovery period as he alleges no further discovery is necessary and he is ready for trial. He argues that discovery is not necessary as the Defendants have failed to disprove the allegations against them. Plaintiff erroneously believes that the Defendants bear the burden of disproving the baseless allegations asserted in Plaintiff’s Complaint. In fact, it is Plaintiff who bears the burden of proving his allegations. As to Defendant Porter, Plaintiff alleges that he fraudulently prepared the Family Violence Incident Report, that he has made slanderous and libelous
-2-
Case 1:06-cv-02954-WSD
Document 82
Filed 06/06/2007
Page 3 of 8
statements regarding Plaintiff and that Defendant Porter has, along with the other Defendants, engaged in an intricate conspiracy to defraud and otherwise harm Plaintiff. Plaintiff cannot merely rest on these wild assertions especially where Defendant Porter has denied Plaintiff’s allegations. As stated in KH Outdoor, L.L.C., et. al. v. Clay County, Florida: A plaintiff who invokes the jurisdiction of a federal court bears the burden of showing “(1) an injury in fact, meaning an injury that is concrete and particularized, and actual or imminent, (2) a causal connection between the injury and the causal conduct, and (3) a likelihood that the injury will be redressed by a favorable decision.” Clearwater, 351 F. 3d at 1116 (citation and emphasis omitted). Each element is “an indispensable part of the plaintiff’s case” and “must be supported in the same way as any other matter on which the plaintiff bears the burden of proof, i.e., with the matter and degree of evidence required at the successive stages of the litigation.” Lujan, 504 U.S. at 561, 112 S. Ct. at 2136 (citation omitted). Also, the plaintiff must satisfy certain prudential principles established by courts. Bennett v. Spear, 520 U.S. 154, 162, 117 S. Ct. 1154, 1161, 137 L. Ed. 2d 281 (1997). These immutable requirements of the Constitution govern KH Outdoor’s Second Amended Complaint. KH Outdoor, L.L.C., et al. v. Clay County, Florida, 482 F. 3d 1299, 1303 (11th Cir. 2007). Similarly, Plaintiff James Stegeman bears the burden of proving that he has suffered particular and concrete injuries and that those injuries were caused by the conduct of the Defendants, in this case Defendant Porter. While it may satisfy Plaintiff to simply rest on the conclusory allegations of his
-3-
Case 1:06-cv-02954-WSD
Document 82
Filed 06/06/2007
Page 4 of 8
Complaint and not conduct any discovery, Defendant Porter believes that discovery will bring the facts of this case to light showing that there are no material facts in dispute supporting Plaintiff’s allegations. The Defendants require a discovery period of at least six months from March 6, 2007 to September 6, 2007 to determine the details and facts regarding Plaintiff’s allegations. Defendant Porter sent written discovery to Plaintiff on May 22, 2007, including interrogatories, requests for production of documents and requests for admissions, in an effort to learn of the details of Plaintiff’s allegations regarding the events of the Caffrey home on June 4, 2002. Upon review of Plaintiff’s responses, Defendant Porter will send follow-up written discovery to Plaintiff and will notice the deposition of Plaintiff. Defendant Porter intends to use the facts gathered from discovery to support his motion for summary judgment. Therefore, as good cause has been shown to allow discovery to continue, Defendant Porter respectfully requests that Plaintiff’s Motion to Shorten Discovery Period be denied. Alternatively, Defendant Porter respectfully requests that this Court expedites its consideration of Defendant Porter’s Motion to Dismiss. Defendant Porter asserts that this case is plainly beyond the applicable statutes of limitations and beyond this Court’s jurisdiction pursuant to the “Rooker-Feldman Doctrine” and is, therefore, ripe -4-
Case 1:06-cv-02954-WSD
Document 82
Filed 06/06/2007
Page 5 of 8
for dismissal. There is no need to allow Plaintiff to waste the time and resources of the Court and Defendants with additional motions and litigation of this matter. Therefore, Defendant Porter again respectfully requests that his Motion to Dismiss be granted and that Plaintiff’s Complaint be dismissed in its entirety. This 6th day of June, 2007. CAROTHERS & MITCHELL, LLC /s/ Peter C. Brown Richard A. Carothers Georgia Bar No. 111075 Peter C. Brown Georgia Bar No. 089079 Attorneys for Defendant R. B. Porter [email protected]
278 West Main St. Buford, GA 30518 (770) 932-3552
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Case 1:06-cv-02954-WSD
Document 82
Filed 06/06/2007
Page 6 of 8
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION JAMES B. STEGEMAN,
) ) Plaintiff, ) ) v. ) ) STATE OF GEORGIA, thru GOVERNOR ) SONNY PERDUE, in His Official Capacity;) STATE OF GEORGIA DEPARTMENT ) OF HUMAN RESOURCES; DEKALB ) COUNTY, thru CEO VERNON JONES ) in His Official Capacity; DEKALB ) COUNTY DEPARTMENT OF FAMILY ) & CHILDREN SERVICES; DEKALB ) COUNTY FIRE & RESCUE; LT. ) HUGHETT - NO. 581 In His Official ) Individually and in His Official Capacity; ) EMS MEDIC DENNIS CARLOCK ) Individually and in His Official Capacity; ) STONE MOUNTAIN POLICE OFFICER ) R. B. PORTER BADGE, #119, ) Individually and in His Official Capacities; ) DEKALB COUNTY PROBATE COURT; ) PROBATE JUDGE JERYL DEBRA ) ROSH, Individually and in Her Official ) Capacity; GEORGIA SUPERIOR COURT, ) STONE MOUNTAIN JUDICIAL ) CIRCUIT; STATE COURT OF ) GEORGIA; DEKALB COUNTY ) SOLICITOR’S OFFICE; JANE DOE 01- ) 100; JOHN DOE 01-100, ) ) Defendants. )
CIVIL ACTION FILE NO. 1:06-CV-2954-WSD
Case 1:06-cv-02954-WSD
Document 82
Filed 06/06/2007
Page 7 of 8
CERTIFICATE OF SERVICE AND COMPLIANCE WITH L.R.5.1B I HEREBY CERTIFY that I have this date electronically filed DEFENDANT OFFICER R.B. PORTER’S RESPONSE TO PLAINTIFF’S MOTION TO SHORTEN DISCOVERY PERIOD, with the Clerk of the Court using the CM/ECF system which will automatically send email notification of such filing to the Plaintiff and following attorneys of record: James B. Stegeman, pro se 821 Sheppard Road Stone Mountain, GA 30083 (via U. S. Mail) Matthew R. Lavallee, Esq. Daley, Koster & Lavallee, LLC 2849 Paces Ferry Road Suite 160 Atlanta, GA 30339 Brenda Ann Raspberry, Esq. Terri N. Gordon, Esq. DeKalb County Law Department 1300 Commerce Drive 5th Floor Decatur, GA 30030 I further certify pursuant to L.R. 7.1D that the above-titled document complies with L.R. 5.1B and was prepared using a 14 point Times New Roman font.
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Case 1:06-cv-02954-WSD
Document 82
Filed 06/06/2007
Page 8 of 8
This 6th day of June, 2007.
CAROTHERS & MITCHELL, LLC /s/ Peter C. Brown Peter C. Brown Georgia Bar No. 089079 Attorney for Defendant R. B. Porter [email protected] 278 West Main St. Buford, GA 30518 (770) 932-3552
-3-
Document 82
Filed 06/06/2007
Page 1 of 8
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION JAMES B. STEGEMAN,
) ) Plaintiff, ) ) v. ) ) STATE OF GEORGIA, thru GOVERNOR ) SONNY PERDUE, in His Official Capacity;) STATE OF GEORGIA DEPARTMENT ) OF HUMAN RESOURCES; DEKALB ) COUNTY, thru CEO VERNON JONES ) in His Official Capacity; DEKALB ) COUNTY DEPARTMENT OF FAMILY ) & CHILDREN SERVICES; DEKALB ) COUNTY FIRE & RESCUE; LT. ) HUGHETT - NO. 581 In His Official ) Individually and in His Official Capacity; ) EMS MEDIC DENNIS CARLOCK ) Individually and in His Official Capacity; ) STONE MOUNTAIN POLICE OFFICER ) R. B. PORTER BADGE, #119, ) Individually and in His Official Capacities; ) DEKALB COUNTY PROBATE COURT; ) PROBATE JUDGE JERYL DEBRA ) ROSH, Individually and in Her Official ) Capacity; GEORGIA SUPERIOR COURT, ) STONE MOUNTAIN JUDICIAL ) CIRCUIT; STATE COURT OF ) GEORGIA; DEKALB COUNTY ) SOLICITOR’S OFFICE; JANE DOE 01- ) 100; JOHN DOE 01-100, ) ) Defendants. )
CIVIL ACTION FILE NO. 1:06-CV-2954-WSD
Case 1:06-cv-02954-WSD
Document 82
Filed 06/06/2007
Page 2 of 8
DEFENDANT OFFICER R. B. PORTER’S RESPONSE TO PLAINTIFF’S MOTION TO SHORTEN DISCOVERY PERIOD COMES NOW Defendant Officer R. B. Porter and files this, his Response in opposition to Plaintiff’s Motion to Shorten Discovery Period. Defendant Porter would rather not spend the time and resources on discovery in this case and prefers that this Court soon considers and grants his Motion to Dismiss. However, until this case is dismissed, Defendant Porter must confront the facts and substance of this case and proceed with discovery. Defendant Porter herein shows that he requires a full discovery period of six months for extensive discovery, including additional written discovery to Plaintiff and the depositions of Plaintiff and other third parties. In his Motion to Shorten Discovery Period, Plaintiff requests that this Court shorten the discovery period as he alleges no further discovery is necessary and he is ready for trial. He argues that discovery is not necessary as the Defendants have failed to disprove the allegations against them. Plaintiff erroneously believes that the Defendants bear the burden of disproving the baseless allegations asserted in Plaintiff’s Complaint. In fact, it is Plaintiff who bears the burden of proving his allegations. As to Defendant Porter, Plaintiff alleges that he fraudulently prepared the Family Violence Incident Report, that he has made slanderous and libelous
-2-
Case 1:06-cv-02954-WSD
Document 82
Filed 06/06/2007
Page 3 of 8
statements regarding Plaintiff and that Defendant Porter has, along with the other Defendants, engaged in an intricate conspiracy to defraud and otherwise harm Plaintiff. Plaintiff cannot merely rest on these wild assertions especially where Defendant Porter has denied Plaintiff’s allegations. As stated in KH Outdoor, L.L.C., et. al. v. Clay County, Florida: A plaintiff who invokes the jurisdiction of a federal court bears the burden of showing “(1) an injury in fact, meaning an injury that is concrete and particularized, and actual or imminent, (2) a causal connection between the injury and the causal conduct, and (3) a likelihood that the injury will be redressed by a favorable decision.” Clearwater, 351 F. 3d at 1116 (citation and emphasis omitted). Each element is “an indispensable part of the plaintiff’s case” and “must be supported in the same way as any other matter on which the plaintiff bears the burden of proof, i.e., with the matter and degree of evidence required at the successive stages of the litigation.” Lujan, 504 U.S. at 561, 112 S. Ct. at 2136 (citation omitted). Also, the plaintiff must satisfy certain prudential principles established by courts. Bennett v. Spear, 520 U.S. 154, 162, 117 S. Ct. 1154, 1161, 137 L. Ed. 2d 281 (1997). These immutable requirements of the Constitution govern KH Outdoor’s Second Amended Complaint. KH Outdoor, L.L.C., et al. v. Clay County, Florida, 482 F. 3d 1299, 1303 (11th Cir. 2007). Similarly, Plaintiff James Stegeman bears the burden of proving that he has suffered particular and concrete injuries and that those injuries were caused by the conduct of the Defendants, in this case Defendant Porter. While it may satisfy Plaintiff to simply rest on the conclusory allegations of his
-3-
Case 1:06-cv-02954-WSD
Document 82
Filed 06/06/2007
Page 4 of 8
Complaint and not conduct any discovery, Defendant Porter believes that discovery will bring the facts of this case to light showing that there are no material facts in dispute supporting Plaintiff’s allegations. The Defendants require a discovery period of at least six months from March 6, 2007 to September 6, 2007 to determine the details and facts regarding Plaintiff’s allegations. Defendant Porter sent written discovery to Plaintiff on May 22, 2007, including interrogatories, requests for production of documents and requests for admissions, in an effort to learn of the details of Plaintiff’s allegations regarding the events of the Caffrey home on June 4, 2002. Upon review of Plaintiff’s responses, Defendant Porter will send follow-up written discovery to Plaintiff and will notice the deposition of Plaintiff. Defendant Porter intends to use the facts gathered from discovery to support his motion for summary judgment. Therefore, as good cause has been shown to allow discovery to continue, Defendant Porter respectfully requests that Plaintiff’s Motion to Shorten Discovery Period be denied. Alternatively, Defendant Porter respectfully requests that this Court expedites its consideration of Defendant Porter’s Motion to Dismiss. Defendant Porter asserts that this case is plainly beyond the applicable statutes of limitations and beyond this Court’s jurisdiction pursuant to the “Rooker-Feldman Doctrine” and is, therefore, ripe -4-
Case 1:06-cv-02954-WSD
Document 82
Filed 06/06/2007
Page 5 of 8
for dismissal. There is no need to allow Plaintiff to waste the time and resources of the Court and Defendants with additional motions and litigation of this matter. Therefore, Defendant Porter again respectfully requests that his Motion to Dismiss be granted and that Plaintiff’s Complaint be dismissed in its entirety. This 6th day of June, 2007. CAROTHERS & MITCHELL, LLC /s/ Peter C. Brown Richard A. Carothers Georgia Bar No. 111075 Peter C. Brown Georgia Bar No. 089079 Attorneys for Defendant R. B. Porter [email protected]
278 West Main St. Buford, GA 30518 (770) 932-3552
-5-
Case 1:06-cv-02954-WSD
Document 82
Filed 06/06/2007
Page 6 of 8
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION JAMES B. STEGEMAN,
) ) Plaintiff, ) ) v. ) ) STATE OF GEORGIA, thru GOVERNOR ) SONNY PERDUE, in His Official Capacity;) STATE OF GEORGIA DEPARTMENT ) OF HUMAN RESOURCES; DEKALB ) COUNTY, thru CEO VERNON JONES ) in His Official Capacity; DEKALB ) COUNTY DEPARTMENT OF FAMILY ) & CHILDREN SERVICES; DEKALB ) COUNTY FIRE & RESCUE; LT. ) HUGHETT - NO. 581 In His Official ) Individually and in His Official Capacity; ) EMS MEDIC DENNIS CARLOCK ) Individually and in His Official Capacity; ) STONE MOUNTAIN POLICE OFFICER ) R. B. PORTER BADGE, #119, ) Individually and in His Official Capacities; ) DEKALB COUNTY PROBATE COURT; ) PROBATE JUDGE JERYL DEBRA ) ROSH, Individually and in Her Official ) Capacity; GEORGIA SUPERIOR COURT, ) STONE MOUNTAIN JUDICIAL ) CIRCUIT; STATE COURT OF ) GEORGIA; DEKALB COUNTY ) SOLICITOR’S OFFICE; JANE DOE 01- ) 100; JOHN DOE 01-100, ) ) Defendants. )
CIVIL ACTION FILE NO. 1:06-CV-2954-WSD
Case 1:06-cv-02954-WSD
Document 82
Filed 06/06/2007
Page 7 of 8
CERTIFICATE OF SERVICE AND COMPLIANCE WITH L.R.5.1B I HEREBY CERTIFY that I have this date electronically filed DEFENDANT OFFICER R.B. PORTER’S RESPONSE TO PLAINTIFF’S MOTION TO SHORTEN DISCOVERY PERIOD, with the Clerk of the Court using the CM/ECF system which will automatically send email notification of such filing to the Plaintiff and following attorneys of record: James B. Stegeman, pro se 821 Sheppard Road Stone Mountain, GA 30083 (via U. S. Mail) Matthew R. Lavallee, Esq. Daley, Koster & Lavallee, LLC 2849 Paces Ferry Road Suite 160 Atlanta, GA 30339 Brenda Ann Raspberry, Esq. Terri N. Gordon, Esq. DeKalb County Law Department 1300 Commerce Drive 5th Floor Decatur, GA 30030 I further certify pursuant to L.R. 7.1D that the above-titled document complies with L.R. 5.1B and was prepared using a 14 point Times New Roman font.
-2-
Case 1:06-cv-02954-WSD
Document 82
Filed 06/06/2007
Page 8 of 8
This 6th day of June, 2007.
CAROTHERS & MITCHELL, LLC /s/ Peter C. Brown Peter C. Brown Georgia Bar No. 089079 Attorney for Defendant R. B. Porter [email protected] 278 West Main St. Buford, GA 30518 (770) 932-3552
-3-
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