Newton v. Schoeneberger, 2024 WL 1480568, Not Reported in Atl. Rptr.

Summary Judgment Granted Despite Pro Se Litigant

Newton, represented by counsel, filed a complaint against Shoeneberger, alleging negligence following a motor vehicle accident. Newton’s counsel later moved to withdraw, and the court granted Newton 60 days to seek new counsel or file on the record as a pro se litigant. Newton elected to proceed pro se and provided the court her physical address and email address for all future correspondence. During a routine status conference, the court addressed Newton’s responsibilities as a self-represented litigant and also adjusted various deadlines to allow Newton to meet her discovery obligations. Schoeneberger moved for summary judgment when the docket evidenced no discovery activity following the conference. As Newton provided no response to Schoeneberger’s motion, the court granted the motion. The court opined that, while they afford some leeway to self-represented litigants, there is no different set of rules for pro se plaintiffs and the court cannot sacrifice the orderly and efficient administration of justice to accommodate the unrepresented plaintiff or impair “the substantive rights of those parties involved in the case at bar to save claims which plainly have no merit.” 


 

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