Koning et al v. Baisden

Filing 33

MEMORANDUM AND ORDER regarding: Report of Rule 26(f) Planning Meeting 31 filed by Susan Koning, Michael Koning. The court cannot accept an ex parte planning report. IT THEREFORE HEREBY IS ORDERED: 1. Filing no. 31 , Report of Planning Meeting, is stricken. 2. The parties are given until ten days following the court's ruling resolving the pending motion to dismiss (filing no. 30 ) in which to file their joint Report of Planning Meeting. Ordered by Magistrate Judge David L. Piester. (Copy mailed to pro se party)(JAB)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA MICHAEL KONING, M.D., and SUSAN KONING, Husband and Wife, Plaintiffs, v. LOWELL BAISDEN, C.P.A., Defendant. ) ) ) ) ) ) ) ) ) ) ) )

4:08CV3087

MEMORANDUM AND ORDER

Plaintiffs' counsel has filed a Report of Parties' Planning Meeting. However, the report states that the defendant has not Defendant is proceeding pro se Fed. R. Civ. P. 26(f) participated in its preparation.

in this case, but that does not excuse his failure to participate in the formulation of a discovery plan. requires all attorneys "and all unrepresented parties that have appeared in the case" to participate in developing a discovery plan, and further provides, "The court may order the parties or attorneys to attend the conference in person." R. Civ. P. 37(f) states: If a party or its attorney fails to participate in good faith in developing and submitting a proposed discovery plan as required by Rule 26(f), the court may, after giving an opportunity to be heard, require that party or attorney to pay to any other party the reasonable expenses, including attorney's fees, caused by the failure. The court cannot accept an ex parte planning report. in the absence of which sanctions will be considered. I shall Because In addition, Fed.

give the parties one more opportunity to comply with the rules,

there is now pending a motion to dismiss, I shall delay the compliance date until after the motion has been resolved. IT THEREFORE HEREBY IS ORDERED: 1. Filing no. 31, Report of Planning Meeting, is stricken.

2. The parties are given until ten days following the court's ruling resolving the pending motion to dismiss (filing no. 30) in which to file their joint Report of Planning Meeting. DATED this 22nd day of October, 2008. BY THE COURT: s/ David L. Piester United States Magistrate Judge

David L. Piester

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