STRATEGIC MANAGEMENT HARMONY, LLC et al v. ENHANCED BUSINESS REPORTING CONSORTIUM, INC. et al

Filing 269

ORDER On Defendant's Motion to Dismiss, or Alternatively, Motion to Compel Discovery. The Motion to Compel Discovery is GRANTED. Susan Hinds shall respond to outstanding interrogatories or request for production by not later than 7/6/09. Ms. H inds and defendant's counsel shall appear, by telephone, before the Magistrate Judge, with their calendars, at the telephonic status conference set for 7/8/09. Ms Hinds will be ordered to provide a date to appear for the taking of her depositio n, which will occur not later than 7/17/09. Ms. Hinds is advised she must respond to discovery and present herself for a deposition. Her failure to comply with these orders may result in this matter being dismissed. 256 Defendant's Motion to Dismiss remains pending before Judge Hamilton. 258 Request for Oral Argument is DENIED. See Order for particulars. Signed by Magistrate Judge William G. Hussmann, Jr on 6/22/2009. (LBT)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA NEW ALBANY DIVISION SUSAN HINDS, individually, and as CEO of Strategic Management Harmony, LLC, and BFC SOLUTIONS, INC., Plaintiffs, v. ENHANCED BUSINESS REPORTING CONSORTIUM, INC., GRANT THORNTON, LLP, PRICEWATERHOUSE COOPERS, LLP, AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS, MICROSOFT, INC., MIKE STARR, as managing partner of Grant Thornton, LLP, and as a founding partner of Enhanced Business Reporting Consortium, Inc., JOHN O'CONNER, as Chairman of Services of Priceswaterhouse Coopers, LLP, and as a founding partner of Enhanced Business Reporting Consortium, Inc., ALAN ANDERSON, as Senior Vice President of Member Services of American Institute of Certified Public Accountants and as a founding partner of Enhanced Business Reporting Consortium, Inc., and BOB LAUX, as Director of Financial Reporting for Microsoft, Inc., and as a founding partner of Enhanced Business Reporting Consortium, Inc., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 4:05-cv-180-DFH-WGH ORDER ON DEFENDANT'S MOTION TO DISMISS, OR ALTERNATIVELY, MOTION TO COMPEL DISCOVERY This matter is before the Honorable William G. Hussmann, Jr., United States Magistrate Judge, on Defendant's Motion to Dismiss, with Prejudice, for Want of Prosecution, Discovery Violations, and for Sanctions, or Alternatively, Motion to Compel Discovery, for an Extension of Time, and for Sanctions, as well as a supporting Memorandum of Law and a Request for Oral Argument, filed by defendant Grant Thornton LLP on April 23, 2009. (Docket Nos. 256-58). The Magistrate Judge, being duly advised, hereby GRANTS the Motion to Compel Discovery and issues the following orders: 1. Susan Hinds shall respond to outstanding interrogatories or requests for production by not later than July 6, 2009. 2. Ms. Hinds and defendant's counsel shall appear, by telephone, before the Magistrate Judge, with their calendars, at the telephonic status conference set for July 8, 2009. Ms. Hinds will be ordered to provide a date to appear for the taking of her deposition, which will occur not later than July 17, 2009. 3. Ms. Hinds is advised that she must respond to discovery and present herself for a deposition. Her failure to comply with these orders may result in this matter being dismissed. Defendant's Motion to Dismiss is not addressed in this order because, without consent of all parties, the Magistrate Judge may not enter an order disposing of a case. The Motion to Dismiss remains pending before Judge Hamilton. Defendant's Request for Oral Argument is DENIED. You are hereby notified that the District Judge may reconsider any pretrial matter assigned to a United States Magistrate Judge pursuant to 28 U.S.C. -2- 636(b)(1)(A) where it is shown that the order is clearly erroneous or contrary to law. SO ORDERED. Dated: June 22, 2009 _______________________________ WILLIAM G. HUSSMANN, JR. Magistrate Judge Copies to: SUSAN HINDS 1313 Gleneagles Place Greendale, IN 47025 Michael J. Buddendeck AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS mbuddendeck@aicpa.org M. Faiyaz Hussain GRANT THORNTON LLP 175 W. Jackson Blvd. Chicago, IL 60604 Steven P. Langdon FROST BROWN & TODD, LLC slangdon@fbtlaw.com Gray A. Mateo NEAL, GERBER & EISENBERG, LLP gmateo@ngelaw.com Joseph W. Muccia THOMPSON HINE LLP joseph.muccia@thompsonhine.com Sandra H. Perry BOSE MCKINNEY & EVANS, LLP sperry@boselaw.com David Brian Ritter NEAL GERBER & EISENBERG LLP dritter@ngelaw.com William Michael Sunkel WINSTON & STRAWN LLP wsunkel@winston.com David L. Swider BOSE MCKINNEY & EVANS, LLP dswider@boselaw.com -3-

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