Garner v. Lisenbe et al

Filing 31

MEMORANDUM AND ORDER re: 30 MOTION for Extension of Time to Complete Discovery AND FILE DISPOSITIVE MOTIONS, OR ALTERNATIVELY, FOR DISCOVERY SANCTIONS filed by Defendant Matt Shults, Defendant Richard Lisenbe. IT IS HEREBY ORDERED that Defendants' Motion to Enlarge Time to Complete Discovery and File Dispositive Motions (Doc. 30) is granted. IT IS FURTHER ORDERED that the deadline for the completion of all discovery is extended to October 21, 2019. The deadline for the filing of dispositive motions is extended to November 21, 2019; opposition briefs must be filed no later than December 20, 2019, and anyreply brief may be filed no later than December 30, 2019. (Discovery Completion due by 10/21/2019, Dispositive Motions due by 11/21/2019.). Signed by Magistrate Judge Abbie Crites-Leoni on 8/26/19. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
TRAVIS LEROY GARNER, JR.,
Plaintiff,
v.
RICHARD LISENBE, et al.,
Defendants.

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Case No. 4:17 CV 2805 ACL

MEMORANDUM AND ORDER
Plaintiff Travis Leroy Garner, Jr. filed this action against Defendants alleging violations
of his constitutional rights during his incarceration at the Phelps County Jail. Presently pending
before the Court is Defendants’ Motion to Enlarge Time to Complete Discovery and File
Dispositive Motions, or alternatively, for Discovery Sanctions. (Doc. 30.)
In their Motion, Defendants state that Plaintiff appeared at his June 10, 2019 deposition
but refused to testify. Defendants have attached a copy of the deposition transcript, which
reveals Plaintiff refused to answer any questions without an attorney present. (Doc. 30-2.)
Defendants further state that, shortly after Plaintiff’s failed deposition, one of Defendants’
attorneys withdrew. Defendants contend that, as a result, the deadline for the filing of dispositive
motions was inadvertently overlooked. Due to these events, Defendants request that the
deadlines for completion of discovery and the filing of dispositive motions be enlarged by 60 and
90 days respectively. The Court finds Defendants’ request reasonable under the circumstances
and will extend the relevant deadlines.
In addition, Plaintiff is advised that he must participate fully in the discovery process,
even if he is unrepresented. The Federal Rules of Civil Procedure permit discovery of “any

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nonprivileged matter that is relevant to any party’s claim or defense.” Fed. R. Civ. P. 26(b)(1).
It is well-established that a plaintiff’s pro se status does not excuse him from complying with
court orders and the Federal Rules of Civil Procedure, including the requirements of discovery.
Lindstedt v. City of Granby, 238 F.3d 933, 937 (8th Cir. 2000) (per curiam). Rule 37(b)(2)(A),
37(d)(1)(A) and 37(d)(3) collectively grant the Court authority and discretion to impose
sanctions for discovery abuses and pretrial order violations. Sanctionable behavior includes
failing to appear for deposition, as well as failing to serve answers, objections, or written
responses to interrogatories. Fed. R. Civ. P. 37(d)(1)(A)(i), (ii); see also Aziz v. Wright, 34 F.3d
587, 589 (8th Cir. 1994). Sanctions include dismissal of the action in whole or in part. Fed. R.
Civ. P. 37(b)(2)(A)(v), (d)(3).
Thus, Plaintiff is cautioned that he is subject to sanctions if he continues to refuse to
participate in the discovery process.
Accordingly,
IT IS HEREBY ORDERED that Defendants’ Motion to Enlarge Time to Complete
Discovery and File Dispositive Motions (Doc. 30) is granted.
IT IS FURTHER ORDERED that the deadline for the completion of all discovery is
extended to October 21, 2019. The deadline for the filing of dispositive motions is extended to
November 21, 2019; opposition briefs must be filed no later than December 20, 2019, and any
reply brief may be filed no later than December 30, 2019.

/s/ Abbie Crites-Leoni
ABBIE CRITES-LEONI
UNITED STATES MAGISTRATE JUDGE
Dated this 26th day of August, 2019.

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