Wilson v. Sabatka-Rine et al

Filing 72

ORDER regarding the MOTION for Sanctions for failure to answer interrogatories served on Defendants per rule33 71 , Plaintiff's Request for First Set of Interrogatories 69 and the MOTION for Sanctions and to Complete answers to interroga tories 70 . The Clerk of Court shall strike the plaintiff's October 16, 2013, filings from the record. The documents need not be mailed to the plaintiff's counsel as she received them when they were electronically filed. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA HAROLD B. WILSON, Plaintiff, 4:11CV3215 vs. ORDER DIANE SABATKA-RINE, et al., Defendants. This matter is before the court on three documents filed on October 16, 2013, by the plaintiff, himself: Plaintiff’s Request for First Set of Interrogatories to Defendants (Filing No. 69), Motion for Sanctions and Motion to [Compel] Answers to Interrogatories (Filing No. 70), and Motions for Sanctions for Failure to Answer Interrogatories Served on Defendants per Rule 33 (Filing No. 71). The plaintiff initiated this lawsuit on November 25, 2011, without the assistance of counsel. See Filing No. 1. The plaintiff proceeded pro se until October 2, 2013, when the court appointed counsel to represent him. See Filing No. 64. Counsel entered an appearance and conferred with the court on the plaintiff’s behalf. See Filing No. 65-67. The plaintiff and his counsel are reminded, Once an attorney is appointed or retained, all further documents and other communications with the court must be submitted through the attorney, unless the court permits otherwise. Any further pro se documents or other communications submitted to the court may be (1) returned unfiled to the sending party or (2) forwarded to the sending party’s attorney. NEGenR 1.3(i). Rather than resolve or address the substance of the plaintiff’s October 16, 2013, filings, the court will strike them from the record. The plaintiff’s counsel will review the filings with the plaintiff prior to determining whether they should be refilled by counsel. Accordingly, IT IS ORDERED: The Clerk of Court shall strike the plaintiff’s October 16, 2013, filings from the record. The documents need not be mailed to the plaintiff’s counsel as she received them when they were electronically filed. Dated this 16th day of October, 2013. BY THE COURT: s/ Thomas D. Thalken United States Magistrate Judge 2

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