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, )
) CIVIL ACTION
Plaintiff, )
) FILE NO. 1:06-CV-2954-WSD
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. )
 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

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 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

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 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

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 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
peter.brown@carmitch.com

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, )
) CIVIL ACTION
Plaintiff, )
) FILE NO. 1:06-CV-2954-WSD
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. )
 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
peter.brown@carmitch.com

278 West Main St.

Buford, GA 30518
(770) 932-3552

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