Filed: Jan. 15, 2015
Latest Update: Jan. 15, 2015
Summary: MEMORANDUM AND ORDER JOHN M. GERRARD, District Judge. This matter is before the court on Plaintiff's Motion to Compel Discovery (Filing No. 57 ) and Defendants' Objection (Filing No. 60 ) to the motion. Defendants argue Plaintiff's motion should be denied because it was filed two months past the deadline for filing such motions, and also because Plaintiff failed to comply with the requirements set forth in Nebraska Civil Rule 7.1(I). The court agrees. The progression order entered in this c
Summary: MEMORANDUM AND ORDER JOHN M. GERRARD, District Judge. This matter is before the court on Plaintiff's Motion to Compel Discovery (Filing No. 57 ) and Defendants' Objection (Filing No. 60 ) to the motion. Defendants argue Plaintiff's motion should be denied because it was filed two months past the deadline for filing such motions, and also because Plaintiff failed to comply with the requirements set forth in Nebraska Civil Rule 7.1(I). The court agrees. The progression order entered in this ca..
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MEMORANDUM AND ORDER
JOHN M. GERRARD, District Judge.
This matter is before the court on Plaintiff's Motion to Compel Discovery (Filing No. 57) and Defendants' Objection (Filing No. 60) to the motion. Defendants argue Plaintiff's motion should be denied because it was filed two months past the deadline for filing such motions, and also because Plaintiff failed to comply with the requirements set forth in Nebraska Civil Rule 7.1(I). The court agrees.
The progression order entered in this case required the parties to serve all motions to compel by October 29, 2014. (See Filing No. 46.) Plaintiff filed his motion to compel on December 29, 2014. In addition, the court's local rules require the moving party to demonstrate that he consulted with the opposing parties and made a sincere attempt to resolve the discovery dispute. This showing must "state the date, time, and place of the communications and the names of all participating persons." NECivR 7.1(I). Plaintiff has made no such showing here. Thus, his motion seeking to compel discovery will be denied, but will be denied without prejudice to reassertion of a motion brought pursuant to Rule 56(d) of the Federal Rules of Civil Procedure.1
IT IS ORDERED that:
1. Plaintiff's Motion for Discovery (Filing No. 57) is denied without prejudice to reassertion of a motion brought pursuant to Rule 56(d). Because Defendants' summary judgment motion has been pending since November 26, 2014, any such motion must be filed by Plaintiff within 30 days in order to be considered by the court.
2. Defendants' Objection (Filing No. 60) is sustained.
3. The clerk's office is directed to set the following case management deadline: February 17, 2015: check for Rule 56(d) motion.
