Smith v. Hillshire Brands

Filing 76

ORDER vacating trial setting and establishing new briefing deadlines related to 71 motion for summary judgment. Signed by Magistrate Judge James P. O'Hara on 10/22/2014. (ah)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
ANTHONY M. SMITH,
Plaintiff,
v.

Case No. 13-2605-CM

THE HILLSHIRE BRANDS COMPANY,
Defendant.
ORDER
The court held a status conference in this case today, October 22, 2014. Plaintiff
appeared pro se and defendant appeared through its attorney, Melody Rayl. This order
memorializes rulings made at the conference.
First, in response to the show cause order issued by Judge Murguia on October 20,
2014 (ECF doc. 74), the court finds that plaintiff has shown good cause why he failed to file
a timely response to defendant’s motion for summary judgment (ECF doc. 71). The new
briefing deadlines related to that motion for summary judgment are as follows: plaintiff’s
response is due on or before November 5, 2014; defendant’s reply is due on or before
December 12, 2014. If plaintiff fails to file a response by this new deadline, the court will
grant defendant’s motion for summary judgment as uncontested, and the case will be
dismissed.
Second, with respect to discovery that defendant contends plaintiff has not provided
in violation of the court’s orders, defendant may—either before or after a ruling on

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defendant’s motion for summary judgment—file a motion for sanctions.1 The court finds
that defendant has satisfied its meet-and-confer obligations with respect to the discovery
matters currently in dispute and need not confer with plaintiff further before filing such a
motion.
Third, given the pending and anticipated motions, the April 6, 2015 trial setting is
vacated. If the case remains at issue after a ruling on defendant’s motion for summary
judgment and the anticipated motion for sanctions, the court will re-set trial deadlines.
Dated October 22, 2014, at Kansas City, Kansas.
s/ James P. O’Hara
James P. O’Hara
U.S. Magistrate Judge

1

Should defendant wait to file a motion for sanctions until after a ruling on
defendant’s motion for summary judgment, defendant’s motion for sanctions is due within
three weeks of the court’s decision on the motion for summary judgment.

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