Polite v. Child Development Inc

Filing 46

ORDER that pltf's 41 MOTION to Postpone is denied; deft's 42 MOTION to Compel is granted; Discovery deadline is extended until 6/15/12, for the limited purpose of taking pltf's deposition; Motions due by 7/16/2012. Signed by Judge Susan Webber Wright on 5/22/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
TERESA POLITE,
Plaintiff
VS.
CHILD DEVELOPMENT, INC.,
Defendant

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NO: 5:11CV00252 SWW

ORDER
Plaintiff, who is proceeding pro se, filed this lawsuit on September 27, 2011, alleging
discrimination on the basis of race The case is set for trial the week of November 5, 2012. On
April 3, 2012, defendant noticed plaintiff’s deposition for April 24, 2012. Plaintiff did not show
up for the deposition. She filed a motion on April 24 asking the Court to postpone the taking of
her deposition until the trial. Defendant responded to the motion and filed a motion for sanctions
and, in the alternative, a motion to compel and for extension of time. Plaintiff failed to respond
to defendant’s motion.
The Court denies plaintiff’s motion to postpone her deposition until trial The Court
grants defendant’s motion to compel and orders plaintiff to sit for a deposition no later than June
15, 2012.1 The deadline for filing dispositive motions is extended to July 16, 2012. The Court
further orders plaintiff to sign an employment records release and return it to defendant’s counsel
within seven (7) days from the date of entry of this Order. Failure to comply with this Order
may result in the dismissal of plaintiff’s case. See Local Rule 5.5(c)(2)(a party appearing pro se
must prosecute her action diligently).
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If defendant is unable to schedule plaintiff’s deposition by June 15, 2012, the Court will
entertain a motion to extend discovery beyond that date for the purpose of taking plaintiff’s deposition.

IT IS THEREFORE ORDERED that plaintiff’s motion to postpone [docket entry 41] is
denied. Defendant’s motion to compel [docket entry 42] is granted. The discovery deadline is
extended until June 15, 2012, for the limited purpose of taking plaintiff’s deposition. The
motions deadline is extended until July 16, 2012.
SO ORDERED this 22nd day of May, 2012.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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