Plaintiff's Motion To Shorten Discovery
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Case 1:06-cv-02954-WSD
Document 80
Filed 05/31/2007
Page 1 of 8
AIL IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA, DIVISION
,
E0 1 7 CL-FRft'S OFFICE Atlanf$
3 1 2~07 ~~
By,
JAMES B STEGEMAN, } Plaintiff )
CIVIL ACTION
.. ~' ----
} FILE NO . : 1 :06-cv-2954WSD } } STATE OF GEORGIA, et al ., } DEKALB COUNTY et al ., OFFICER PORTER, } JANE DOE O1-100, ) JOHN DOE 41-100, ) Defendants ) v
PLAINTIFF'S MOTION TO SHORTEN DISCOVERY PERIOD BRIEF IN SUPPORT OF PLAINTIFF' S MOTION AND PLAINTIFF'S ANNOUNCMENT OF "READY FOR TRIAL" COMES NOW James B . Stegeman, Pro Se Plaintiff and files his Motion To Shorten Discovery and Plaintiff's Announcement of Ready For Trial . Plaintiff has been forced to proceed as Pro Se for reasons beyond his control and the Defendants in this matter have stated in their Initial Discovery filings that they were unable to perform LR 16. 1, Early Planning Conference, with the Pro Se Plaintiff. LR 26 .2 B . "The court may, in its discretion, shorten or lengthen the time for discovery . Plaintiff Moves this Honorable Court for a discretionary decision to
Case 1:06-cv-02954-WSD
Document 80
Filed 05/31/2007
Page 2 of 8
shorten the length of time of discovery . Plaintiff, has been falsely accused of attempting "undue delay" for "dilatory motives", etc . I of this civil action . The truth of the matter at this point is that any fin-ther discovery attempts by the defendants would cause unneeded delay for a hearing on the merits and the following Brief will give Plaintiff's Motion logical reasons for granting his Motion. BRIEF IN SUPPORT O F PLAINTIFF'S MOTION TO SHORTEN DISCOVERY PER IOD
In support of Plaintiff's Motion and Announcement, Plaintiff shows this Honorable Court the following facts in support of his request and announcement : I . Discover Commencement
LR 26.2 A. "The discovery period shall commence thirty(30) days after the appearance of the first defendant by answer to the complaint, unless the parties mutually consent to begin earlier . Discovery proceedings must be initiated promptly so that discovery is initiated and completed (including the filing of answers and responses thereto) within the time limitations of the discovery track to which the case is assigned."
'All Defendant's Objections to Plaintiffs Motion For Leave To Amend and Proposed Amendment Docket entries :
-2-
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Filed 05/31/2007
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a) The complaint filed by Pro Se Plaintiff was prima facie in nature, all of his documents, evidence, etc . was filed with his complaint. b) All defendants claimed "In this instant action, Plaintiff is pro se. These Defendants have not been able to conduct a Rule 26 (f) conference with him."2 c) The defendants have failed to promptly conduct any discovery with the Plaintiff.
d ) The defendants have stated that they have no other documents besides what the Plaintiff has already submitted to this Honorable Court . d) The defendants have not effectively denied the allegations against them .
II .
Defendant's Lack of Evidence :
a.
Defendant Officer Porter :
Has failed to effectively deny and has presented no evidence to refute that he falsified the "Family Violence Report", "Supplemental Report", and "Original Report". He continues to make slanderous, libelous statements
Officer Porter's Preliminary Report and Discovery Plan, pg . 11, 13 . "County Defendant's" Preliminary Report and Discovery Plan, pg . 11, 13 . (a). "State Defendant's" Preliminary Report and Discovery Plan, pg . 9, 13 . (a).
-3-
Case 1:06-cv-02954-WSD
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and is guilty of criminal libel and libel per se against the Plaintiff with no evidence, proof or justification for his falsely sworn statements . The statements made in docket document 22 "Defendant R . B . Porter's Answer And Affirmative Defenses To Plaintiff's Complaint" pg . 4 are vague, unwarranted and have no merit : Fourteenth Defense: Plaintiff's alleged claims . . . because of Plaintiff's actions and activities . . . Fifteenth Defense : Any loss . . . was caused by Plaintiff's failure to exercise ordinary care . Sixteenth Defense : Any loss . . . result of Plaintiff's conduct for which Defendant Porter is not liable.
See Docket document 40 "Plaintiffs Objection And Response to Defendant Officer Porter's Motion to Dismiss" . Not once has Officer Porter defended the falsification of his reports, shown evidence to support the claims against Plaintiff, given justification for violating his Oath of Office which for an Officer of the Law is a crime. 3 Black's Law Dictionary : criminal libel. At common law, a malicious libel that is designed to expose a person to hatred, contempt, or ridicule and that may subject the author to criminal sanctions . Libel per se . I . Libel that is actionable in itself. . . 2. Libel that is defamatory on its face, such as statement "Frank is a thief' .
-4-
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Defendant Officer Porter's Initial Disclosures, 413/2007 Pg. 6, 5 . states the following : "Aside from the individuals identified in Plaintiff's Complaint is not able . . . to support his defense of this matter ." Pg. 7, 7, states the following : Copies of relevant documents have already been provided to the Court as exhibits to Plaintiff's Complaint, including the Family Violence Incident Report . . ."
b . "County Defendants" have stated they have no documents to support their actions, or any documents other than what the Plaintiff has submitted in his prima facie complaint . Responses To Initial Disclosures filed 3/19/2007 pg. 4 (5) states the following :
"These defendants cannot provide the names, addresses and telephone numbers of individuals who . . ., beyond the persons named and identified in Plaintiff's Complaint . Pg . 5 (7) states the following : "These defendants are not aware of any documents, data compilations or tangible things that may be used to support their defenses in this case, besides the documents attached to Plaintiff s Complaint ."
-5-
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c. "State Defendants" have refused to answer the complaint at ail, relying only on a Motion To Dismiss that was filed before they were defendants . Initial Disclosures, document 44, filed 3/6/2007, pg. 3 (5) states the following :
"Aside from the individuals identified in Plaintiff's Complaint, . .- that might be used to support their defense of this matter." Pg. 4, (7) states the following: "Other than the documents attached to Plaintiff's complaint and his various pleadings, theses defendants are unaware of any documents, . . . they may use to support their defense of this case ."
CONCLUS ION Plaintiff see no reason for further discovery . The defendants all state that they have no documents in support of their defense other than what the Plaintiff has submitted, that there are no persons other than the ones Plaintiff has named that they can use in support of their defense . Plaintiff Moves this Honorable Court for an Order granting his Motion To Shorten Discovery in this Civil Action .
-6-
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Document 80
Filed 05/31/2007
Page 7 of 8
Respectfully Submitted, this 30 ' ' day of May, 2007 .
AMES B. STEGE ro Se and Rd Stone Mountain, GA 30083 (770) 879-8737
CERTIFICATE OF COMPLIANCE In compliance with LR 7 .1 D, N.D. Ga., I certify that the foregoing Motion
has been prepared in conformity with LR 5 . 1 , N .D. GA . This Motion was prepared with Times New Roman (14 point) type, with a top margin of one and one-half (1 .5") inches and a left margin of one (1") inch, is proportionately spaced .
This 30`t' day of May, 2007
. SfiEGEVYAN, Pro Se 821 S ehd Rd Stone Mountain, GA 30083
(770) 879-8737
-7-
Case 1:06-cv-02954-WSD
Document 80
Filed 05/31/2007
Page 8 of 8
CERTIFICATE OF SERVICE I hereby certify that I have this 30th day of May, 2007, submitted a copy of
the foregoing Motion To Shorten Discovery and Announce Ready For Trial to the defendants through their attorney on record by causing a true and correct copy of same, to be deposited into The United States Postal Service, proper postage affixed as follows: Matthew R LaValle Daley, Koster & LaValle, LLC Overlook 1 2849 Paces Ferry Rd ., Suite 160 Atlanta, GA 30339 Mr. Carothers 278 West Main St Buford, GA 30518
Brenda A. Raspberry DeKalb County Law Department 1300 Commerce Drive, St' Floor Decatur, GA 30030
This 30th day of May, 2007 .
Stone Mountain, GA 30083 (770) 879-8737
-8-
Document 80
Filed 05/31/2007
Page 1 of 8
AIL IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA, DIVISION
,
E0 1 7 CL-FRft'S OFFICE Atlanf$
3 1 2~07 ~~
By,
JAMES B STEGEMAN, } Plaintiff )
CIVIL ACTION
.. ~' ----
} FILE NO . : 1 :06-cv-2954WSD } } STATE OF GEORGIA, et al ., } DEKALB COUNTY et al ., OFFICER PORTER, } JANE DOE O1-100, ) JOHN DOE 41-100, ) Defendants ) v
PLAINTIFF'S MOTION TO SHORTEN DISCOVERY PERIOD BRIEF IN SUPPORT OF PLAINTIFF' S MOTION AND PLAINTIFF'S ANNOUNCMENT OF "READY FOR TRIAL" COMES NOW James B . Stegeman, Pro Se Plaintiff and files his Motion To Shorten Discovery and Plaintiff's Announcement of Ready For Trial . Plaintiff has been forced to proceed as Pro Se for reasons beyond his control and the Defendants in this matter have stated in their Initial Discovery filings that they were unable to perform LR 16. 1, Early Planning Conference, with the Pro Se Plaintiff. LR 26 .2 B . "The court may, in its discretion, shorten or lengthen the time for discovery . Plaintiff Moves this Honorable Court for a discretionary decision to
Case 1:06-cv-02954-WSD
Document 80
Filed 05/31/2007
Page 2 of 8
shorten the length of time of discovery . Plaintiff, has been falsely accused of attempting "undue delay" for "dilatory motives", etc . I of this civil action . The truth of the matter at this point is that any fin-ther discovery attempts by the defendants would cause unneeded delay for a hearing on the merits and the following Brief will give Plaintiff's Motion logical reasons for granting his Motion. BRIEF IN SUPPORT O F PLAINTIFF'S MOTION TO SHORTEN DISCOVERY PER IOD
In support of Plaintiff's Motion and Announcement, Plaintiff shows this Honorable Court the following facts in support of his request and announcement : I . Discover Commencement
LR 26.2 A. "The discovery period shall commence thirty(30) days after the appearance of the first defendant by answer to the complaint, unless the parties mutually consent to begin earlier . Discovery proceedings must be initiated promptly so that discovery is initiated and completed (including the filing of answers and responses thereto) within the time limitations of the discovery track to which the case is assigned."
'All Defendant's Objections to Plaintiffs Motion For Leave To Amend and Proposed Amendment Docket entries :
-2-
Case 1:06-cv-02954-WSD
Document 80
Filed 05/31/2007
Page 3 of 8
a) The complaint filed by Pro Se Plaintiff was prima facie in nature, all of his documents, evidence, etc . was filed with his complaint. b) All defendants claimed "In this instant action, Plaintiff is pro se. These Defendants have not been able to conduct a Rule 26 (f) conference with him."2 c) The defendants have failed to promptly conduct any discovery with the Plaintiff.
d ) The defendants have stated that they have no other documents besides what the Plaintiff has already submitted to this Honorable Court . d) The defendants have not effectively denied the allegations against them .
II .
Defendant's Lack of Evidence :
a.
Defendant Officer Porter :
Has failed to effectively deny and has presented no evidence to refute that he falsified the "Family Violence Report", "Supplemental Report", and "Original Report". He continues to make slanderous, libelous statements
Officer Porter's Preliminary Report and Discovery Plan, pg . 11, 13 . "County Defendant's" Preliminary Report and Discovery Plan, pg . 11, 13 . (a). "State Defendant's" Preliminary Report and Discovery Plan, pg . 9, 13 . (a).
-3-
Case 1:06-cv-02954-WSD
Document 80
Filed 05/31/2007
Page 4 of 8
and is guilty of criminal libel and libel per se against the Plaintiff with no evidence, proof or justification for his falsely sworn statements . The statements made in docket document 22 "Defendant R . B . Porter's Answer And Affirmative Defenses To Plaintiff's Complaint" pg . 4 are vague, unwarranted and have no merit : Fourteenth Defense: Plaintiff's alleged claims . . . because of Plaintiff's actions and activities . . . Fifteenth Defense : Any loss . . . was caused by Plaintiff's failure to exercise ordinary care . Sixteenth Defense : Any loss . . . result of Plaintiff's conduct for which Defendant Porter is not liable.
See Docket document 40 "Plaintiffs Objection And Response to Defendant Officer Porter's Motion to Dismiss" . Not once has Officer Porter defended the falsification of his reports, shown evidence to support the claims against Plaintiff, given justification for violating his Oath of Office which for an Officer of the Law is a crime. 3 Black's Law Dictionary : criminal libel. At common law, a malicious libel that is designed to expose a person to hatred, contempt, or ridicule and that may subject the author to criminal sanctions . Libel per se . I . Libel that is actionable in itself. . . 2. Libel that is defamatory on its face, such as statement "Frank is a thief' .
-4-
Case 1:06-cv-02954-WSD
Document 80
Filed 05/31/2007
Page 5 of 8
Defendant Officer Porter's Initial Disclosures, 413/2007 Pg. 6, 5 . states the following : "Aside from the individuals identified in Plaintiff's Complaint is not able . . . to support his defense of this matter ." Pg. 7, 7, states the following : Copies of relevant documents have already been provided to the Court as exhibits to Plaintiff's Complaint, including the Family Violence Incident Report . . ."
b . "County Defendants" have stated they have no documents to support their actions, or any documents other than what the Plaintiff has submitted in his prima facie complaint . Responses To Initial Disclosures filed 3/19/2007 pg. 4 (5) states the following :
"These defendants cannot provide the names, addresses and telephone numbers of individuals who . . ., beyond the persons named and identified in Plaintiff's Complaint . Pg . 5 (7) states the following : "These defendants are not aware of any documents, data compilations or tangible things that may be used to support their defenses in this case, besides the documents attached to Plaintiff s Complaint ."
-5-
Case 1:06-cv-02954-WSD
Document 80
Filed 05/31/2007
Page 6 of 8
c. "State Defendants" have refused to answer the complaint at ail, relying only on a Motion To Dismiss that was filed before they were defendants . Initial Disclosures, document 44, filed 3/6/2007, pg. 3 (5) states the following :
"Aside from the individuals identified in Plaintiff's Complaint, . .- that might be used to support their defense of this matter." Pg. 4, (7) states the following: "Other than the documents attached to Plaintiff's complaint and his various pleadings, theses defendants are unaware of any documents, . . . they may use to support their defense of this case ."
CONCLUS ION Plaintiff see no reason for further discovery . The defendants all state that they have no documents in support of their defense other than what the Plaintiff has submitted, that there are no persons other than the ones Plaintiff has named that they can use in support of their defense . Plaintiff Moves this Honorable Court for an Order granting his Motion To Shorten Discovery in this Civil Action .
-6-
Case 1:06-cv-02954-WSD
Document 80
Filed 05/31/2007
Page 7 of 8
Respectfully Submitted, this 30 ' ' day of May, 2007 .
AMES B. STEGE ro Se and Rd Stone Mountain, GA 30083 (770) 879-8737
CERTIFICATE OF COMPLIANCE In compliance with LR 7 .1 D, N.D. Ga., I certify that the foregoing Motion
has been prepared in conformity with LR 5 . 1 , N .D. GA . This Motion was prepared with Times New Roman (14 point) type, with a top margin of one and one-half (1 .5") inches and a left margin of one (1") inch, is proportionately spaced .
This 30`t' day of May, 2007
. SfiEGEVYAN, Pro Se 821 S ehd Rd Stone Mountain, GA 30083
(770) 879-8737
-7-
Case 1:06-cv-02954-WSD
Document 80
Filed 05/31/2007
Page 8 of 8
CERTIFICATE OF SERVICE I hereby certify that I have this 30th day of May, 2007, submitted a copy of
the foregoing Motion To Shorten Discovery and Announce Ready For Trial to the defendants through their attorney on record by causing a true and correct copy of same, to be deposited into The United States Postal Service, proper postage affixed as follows: Matthew R LaValle Daley, Koster & LaValle, LLC Overlook 1 2849 Paces Ferry Rd ., Suite 160 Atlanta, GA 30339 Mr. Carothers 278 West Main St Buford, GA 30518
Brenda A. Raspberry DeKalb County Law Department 1300 Commerce Drive, St' Floor Decatur, GA 30030
This 30th day of May, 2007 .
Stone Mountain, GA 30083 (770) 879-8737
-8-
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