United States District Court, S.D. Georgia, Augusta Division
KATHERINE FRINK-HAMLETT, Individually and as Administrator of The Estate of Timothy Akil Hamlett, deceased, Plaintiff,
BRADFORD HEALTH SERVICES, Defendant.
K. EPPS UNI LED STALES MAGISTRATE JUDGE
has paid the $400.00 filing fee in the above-captioned case.
Because she is proceeding pro se, the Court will
provide Plaintiff with some basic instructions regarding the
development and progression of this case.
Plaintiff is responsible for serving Defendant. In order to
properly request that Defendant waive personal service,
obtain from the Clerk of Court an appropriate number of
(a) the notice of lawsuit and request to waive service of
summons form, and
(b) the waiver of service of summons form;
complete both forms for Defendant; and
mail the completed notice form, along with a copy of the
file-stamped complaint and two waiver forms appended to
Federal Rule of Civil Procedure 4, to Defendant by first
class mail, with a prepaid means for returning the waiver
form, and request that Defendant waive formal service of
the summons. Using the form appended to Rule 4, Defendant
must be informed of the consequences of waiving and not
Fed. R. Civ. P. 4(d).
must serve Defendant within ninety days from the date her
complaint was filed, and failure to do so may result in the
dismissal of the case. Fed.R.Civ.P. 4(m). Individuals,
corporations, partnerships, and associations have a duty to
avoid unnecessary expenses of serving the summons, and a
defendant who fails to sign and return a waiver without good
cause must bear the expenses incurred in making personal
service. Fed.R.Civ.P. 4(d)(1) & (2). A defendant whose
return of the waiver is timely does not have to answer the
complaint until sixty days after the date Plaintiff mails the
request for waiver. Fed.R.Civ.P. 4(d)(3). However, should a
defendant choose not to waive personal service of the summons
and complaint, Plaintiff is still responsible for properly
effecting personal service. Fed.R.Civ.P. 4(c), (e) & (h).
IS ORDERED that Plaintiff shall serve upon
Defendant, or upon its attorney if appearance has been
entered by counsel, a copy of every further pleading or other
document submitted to the Court. Plaintiff shall include with
the papers to be filed a certificate stating the date a true
and correct copy of any document was mailed to Defendant or
its counsel. Fed.R.Civ.P. 5; Loc. R. 5.1. Every pleading
shall contain a caption setting forth the name of the court,
the title of the action, and the file number. Fed.R.Civ.P.
10(a). Any paper received by a District Judge or Magistrate
Judge that has not been properly filed with the Clerk of
Court or that fails to include a caption or certificate of
service will be returned.
Plaintiff's duty to cooperate fully in any discovery that
may be initiated by Defendant. Upon being given at least five
days' notice of the scheduled deposition date, Plaintiff
shall appear and permit her deposition to be taken and shall
answer, under oath and solemn affirmation, any question that
seeks information relevant to the subject matter of the
pending action. Failing to answer questions at the deposition
or giving evasive or incomplete responses to questions will
not be tolerated and may subject Plaintiff to severe
sanctions, including dismissal of this case. Defendant shall
ensure that Plaintiff's deposition and any other
depositions in the case are taken within the 140-day
discovery period allowed by this Court's Local
this action is pending, Plaintiff shall immediately inform
this Court and opposing counsel of any change of address.
Failure to do so will result in dismissal of this case.
must pursue this case and failure to do so may result in
dismissal for want of prosecution. Fed.R.Civ.P. 41; Loc. R.
41.1. If Plaintiff wishes to obtain facts and information
about the case from Defendant, Plaintiff must initiate
discovery. See generally Fed.R.Civ.P. 26 through 37
(containing the rules governing discovery and providing for
the basic methods of discovery). Plaintiff should begin
discovery promptly and complete it within the time limit set
forth in Local Rule 26.1(d).
are a practical method of discovery for pro se
litigants. See Fed.R.Civ.P. 33. Interrogatories
shall not contain more than twenty-five questions.
Id. Plaintiff must have the Court's permission
to propound more than one set of interrogatories to a party.
Discovery materials should not be filed routinely with the
Clerk of the Court. Exceptions include when the Court directs
filing; when a party needs such materials in connection with
a motion or response, and then only to the extent necessary;
and when needed for use at trial. If Plaintiff wishes to file
a motion to compel pursuant to Fed.R.Civ.P. 37, she should
first contact the attorney for Defendant and try to work out
the problem. If Plaintiff proceeds with the motion to compel,
she should also file therewith a statement certifying that he
has contacted opposing counsel in a good faith effort to
resolve any dispute about discovery. Loc. R. 26.5.
must maintain a set of records for the case. If papers are
lost and new copies are required, these may be obtained from
the Clerk of the Court at the standard cost of fifty cents
this Court's Local Rules, a party opposing a motion to
dismiss shall file and serve her response to the motion
within fourteen days of its service. “Failure to
respond within the applicable time period shall indicate that
there is no opposition to a motion.” Loc. R. 7.5.
Therefore, if Plaintiff fails to respond to a motion to
dismiss, the Court will assume that there is no opposition to
the defendant's motion and grant the dismissal.
response to a motion for summary judgment must be filed
within twenty-one days after service of the motion. Loc. R.
7.5, 56.1. A failure to respond shall indicate that there is
no opposition to the motion. Loc. R. 7.5. Furthermore, each
material fact set forth in a defendant's statement of
material facts will be deemed admitted unless specifically
controverted by a statement filed by Plaintiff. Loc. R. 56.1.
Should a defendant file a motion for summary judgment,
Plaintiff is advised that she will have the burden of
establishing the existence of a genuine issue as to any
material fact in this case. That burden cannot be carried by
reliance on the conclusory allegations contained within the
complaint. Should a factual assertion in a defendant's
motion for summary judgment be supported by affidavits or
other materials in the record as provided in Fed.R.Civ.P.
56(c), Plaintiff must respond in kind with counter-affidavits
or other such materials, if she desires to contest the
defendant's factual assertion. Should Plaintiff fail to
properly address a defendant's factual assertions and
show that there ...