Mann v. Missouri Home Therapy, LLC

Filing 44

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Parties' Consent Motion to Amend Case Management Order (Doc. 41 ) is GRANTED, in part and DENIED, in part. The discovery deadline and the dispositive motions deadlines are stayed pending re solution of Defendant's Motion. The Court will issue an amended case management order at that time. IT IS FURTHER ORDERED that Plaintiff shall respond to Defendant Missouri In Home Services, LLC's "Motion for Sanctions for Plaintiff& #039;s Failure to Appear at Deposition" (Doc. 42 ) on or before October 8, 2019. In his response, Plaintiffs counsel shall indicate whether he has been able to discuss the serious nature of Defendant's Motion with Plaintiff. The Court may set the Motion for hearing at a later date. Signed by Magistrate Judge Noelle C. Collins on October 4, 2019. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
LATONIA MANN,
Plaintiff,
vs.
MISSOURI IN HOME SERVICES, LLC,
Defendant.

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Case No. 4:18-CV-01046-NCC

MEMORANDUM AND ORDER
This matter is before the Court on Defendant Missouri In Home Services, LLC’s1
(“Defendant”) “Motion for Sanctions for Plaintiff’s Failure to Appear at Deposition” (Doc. 42)
and the Parties’ Consent Motion to Amend Case Management Order (Doc. 41). On
September 27, 2019, the Parties filed a Consent Motion to Amend the Case Management Order
requesting a fifteen-day extension to the discovery deadline and the dispositive motions deadline
(Id.). In support of their consent motion, the Parties indicated that Defendant needed additional
time to obtain Plaintiff’s medical records from a certain medical provider (Id.). On October 1,
2019, Defendant filed its “Motion for Sanctions for Plaintiff’s Failure to Appear at Deposition”
(Doc. 42). In its Motion, Defendant indicates that Plaintiff’s deposition was scheduled for
September 30, 2019, but neither she nor her counsel appeared at the deposition (Id.). Defendant
further asserts that both defense counsel and his office attempted to personally call Plaintiff’s
counsel but that no one answered the phone and counsel’s voicemail was full (Id.). Defendant
notes that defense counsel did not receive any communication from Plaintiff’s counsel regarding

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Defendant continues to incorrectly include former Defendant Missouri Home Therapy,
LLC in its filings. Defendant Missouri Home Therapy, LLC was dismissed from this action
upon Plaintiff’s filing of her Amended Complaint, excluding Defendant Missouri Home
Therapy, LLC (See Doc. 33).

counsel’s unavailability (Doc. 42). In light of the serious nature of Defendant’s motion and the
prior representations to the Court regarding Plaintiff’s unavailability (See Docs. 38, 39),
IT IS HEREBY ORDERED that the Parties’ Consent Motion to Amend Case
Management Order (Doc. 41) is GRANTED, in part and DENIED, in part. The discovery
deadline and the dispositive motions deadlines are stayed pending resolution of Defendant’s
Motion. The Court will issue an amended case management order at that time.
IT IS FURTHER ORDERED that Plaintiff shall respond to Defendant Missouri In
Home Services, LLC’s “Motion for Sanctions for Plaintiff’s Failure to Appear at Deposition”
(Doc. 42) on or before October 8, 2019. In his response, Plaintiff’s counsel shall indicate
whether he has been able to discuss the serious nature of Defendant’s Motion with Plaintiff. The
Court may set the Motion for hearing at a later date.
Dated this 4th day of October, 2019.

/s/ Noelle C. Collins
NOELLE C. COLLINS
UNITED STATES MAGISTRATE JUDGE

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