Jones et al v. Hobbs et al
ORDER denying 64 Motion for Default Judgment; granting 69 Motion to Extend Time in which to file dispositive motions until November 7, 2011. Signed by Magistrate Judge Jerome T. Kearney on 9/22/11. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
TYRONE JONES, ADC #92503,
and AHMEEN MUMIT, AD #95017
RAY HOBBS, et al.
This matter is before the Court on Plaintiff Mumit’s Motion for Default Judgment, which this
Court construes as a Motion for Sanctions (Doc. No. 64), and on Defendants’ Motion for Extension
of Time to file a Dispositive Motion (Doc. No. 69). Defendants filed a Response to the Motion for
Default (Doc. No. 70).
In his Motion, Plaintiff Mumit asks for a default judgment against Defendant Ray Hobbs
because Defendant failed to provide responses to his discovery requests by the deadline of August
22, 2011. In their Response, Defendants state their responses were mailed to the Plaintiff on August
24, 2011, but that they were unaware until September 20, 2011 that the responses were not delivered
to Plaintiff because of a need for additional postage. Defendants state they have re-mailed their
responses to Plaintiff at the Tucker Unit. Defendants also oppose Plaintiff’s Motion as improperly
filed, since Plaintiff first is required to confer in good faith with Defendants concerning outstanding
discovery requests. See FED.R.CIV.P. 37(a)(1). If, after conferring in good faith, Plaintiff is not
satisfied with Defendants’ response, his next step is to file with the Court a motion to compel. Since
Plaintiff failed to abide by these rules, Defendants state the Motion should be denied.
The Court agrees that Plaintiff failed to comply with the federal rules by filing the present
Motion prior to conferring with counsel. Both Plaintiffs are cautioned to carefully consult the Rules
prior to filing future motions. In addition, in light of the Defendants’ response, the Court finds that
Plaintiffs’ Motion should be denied.
The Court will grant Defendants’ Motion for Extension of Time in which to file a Dispositive
IT IS, THEREFORE, ORDERED that Plaintiff Mumit’s Motion for Default, which this
Court construes as a Motion for Sanctions (Doc. No. 64) is DENIED.
IT IS FURTHER ORDERED that Defendants’ Motion for Extension of Time (Doc. No. 69)
is GRANTED. Dispositive motions shall be filed by November 7, 2011.
IT IS SO ORDERED this 22nd day of September, 2011.
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE
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