Reehten v. Mayberry et al

Filing 78

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that, not later than October 26,2012, plaintiff shall show cause, in writing, why defendants motion to dismiss should not be granted on account of plaintiffs failure to respond to discovery, appear for deposi tion, or comply with this Courts scheduling order.Plaintiff is cautioned that failure to comply with this Order may result in the imposition of sanctions, including the dismissal of this case. Response to Court due by 10/26/2012. Signed by Magistrate Judge Frederick R. Buckles on 10/12/12. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ROBERT H. REEHTEN,

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Plaintiff,
v.
SHAWN MAYBERRY, et al.,
Defendants.

Case No. 4:10CV2159 FRB

MEMORANDUM AND ORDER
This matter is before the Court upon defendants Shawn
Mayberry and Sheriff Boyer’s Motion To Dismiss Under Rule 37(d) For
Failure To Cooperate In Discovery (Docket No. 77). All matters are
pending before the undersigned United States Magistrate Judge, with
consent of the parties, pursuant to 28 U.S.C. § 636(c).
In the instant motion, defendants Shawn Mayberry and
Sheriff Boyer (“defendants”) seek the dismissal of plaintiff’s
claims under Rule 37(d).
plaintiff

has

continued

In support, defendants contend that
to

fail

to

cooperate

with

discovery

requests, failed to appear for his deposition scheduled for August
9, 2012, and failed to agree to reschedule that deposition within
the time permitted for discovery in this Court’s most recent
amendment to the Case Management Order.

To date, plaintiff has

filed no response to the instant motion.
Therefore,
IT IS HEREBY ORDERED that, not later than October 26,
2012, plaintiff shall show cause, in writing, why defendant’s
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motion to dismiss should not be granted on account of plaintiff’s
failure to respond to discovery, appear for deposition, or comply
with this Court’s scheduling order.
Plaintiff is cautioned that failure to comply with this
Order may result in the imposition of sanctions, including the
dismissal of this case.

_______________________________
Frederick R. Buckles
UNITED STATES MAGISTRATE JUDGE
Dated this 12th day of October, 2012.

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