Case 1:06-cv-02954-WSD Document 80 Filed 05/31/2007 Page 1 of 8

AIL ,
E0 1 7 CL-FRft'S OFFICE
Atlanf$
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA, DIVISION 3 1 2~07
~~
By,
JAMES B STEGEMAN, }
CIVIL ACTION .. ~' ----
Plaintiff )

v } 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 )

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 :

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 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).

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 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' .

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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 ."

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 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 .

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 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

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 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

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