Case 1:06-cv-02954-WSD

Document 80

Filed 05/31/2007

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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

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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 :

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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).

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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' .

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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 ."

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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 .

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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

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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

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