Theisen et al v. Stoddard County et al

Filing 142

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that plaintiffs Ex Parte Motion [#141] is summarily denied. IT IS FURTHER ORDERED that the Clerk of Court shall place docket # 141 in the open court file as there was no valid basis for filing it either under seal or ex parte. IT IS FURTHER ORDERED that defendants motion to vacate the referral to ADR is granted. Signed by District Judge Catherine D. Perry on 1/27/16. (MRS) Modified on 1/27/2016 (MRS). (Main Document 142 replaced on 1/27/2016) (MRS).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
MATTHEW THEISEN,
Plaintiff,
v.
STODDARD COUNTY, et al.,
Defendants,

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No. 1:13CV32 CDP

MEMORANDUM AND ORDER
Plantiffs’ counsel has filed an ex parte motion asking me to order a nonparty to the case to produce documents. Because counsel filed the document ex
parte, no other counsel to this action have received notice of it. There is no
indication that plaintiffs’ counsel has provided notice of this motion to the nonparty. There is no indication that a subpoena has been served on the non-party or
that I have any legal basis whatsoever for ordering someone who is not part of this
case to do anything.
This violates so many rules and ethical standards that I do not know where
to begin. I will summarily deny the motion and will order the clerk to remove it
from under seal. I will order plaintiff’s counsel to provide a copy of it to
defendants’ counsel and to provide a copy of the motion and this order to the nonparty. No one needs to respond to the motion, as it is being summarily denied.

Finally, although the time for plaintiff to respond to defendant’s motion to
vacate the referral to ADR has not yet run, I will go ahead and grant that motion, as
this latest filing convinces me that any attempt at mediation would be unsuccessful.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s Ex Parte Motion [#141] is
summarily denied.
IT IS FURTHER ORDERED that the Clerk of Court shall place docket #
141 in the open court file as there was no valid basis for filing it either under seal
or ex parte.
IT IS FURTHER ORDERED that defendants’ motion to vacate the
referral to ADR is granted.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 27th day of January, 2016.

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