Brown v. Earth Sound, Inc et al

Filing 57

MEMORANDUM AND ORDER regarding 52 Defendant's Motion to Compel. 1) That portion of the defendants' motion, (Filing No. 52 ), which moves to compel production of documents is granted, and on or before February 21, 2013, Plainti ff shall fully respond to the Defendants' First Set of Requests for Production of Documents. 2) That portion of the defendants' motion, (Filing No. 52 ), which requests an award of attorney fees and costs remains pending... Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOHN G. BROWN,
Plaintiff,

4:12CV3001

vs.
MEMORANDUM AND ORDER
EARTH SOUND, INC., a Nebraska
Corporation; KENNY ENERGY, L.L.C., a
Nebraska Limited Liability Company; and
JAMES KENNY,
Defendants.
The plaintiff has not responded to the defendants’ motion to compel (filing no.
52), and the deadline for responding has passed. The motion to compel is deemed
unopposed.

The plaintiff’s failure to comply with discovery or respond to the

defendants’ motion to compel is not substantially justified.
Accordingly,
IT IS ORDERED:
1)

That portion of the defendants’ motion, (Filing No. 52), which moves to
compel production of documents is granted, and on or before February 21,
2013, Plaintiff shall fully respond to the Defendants' First Set of Requests
for Production of Documents.

2)

That portion of the defendants’ motion, (Filing No. 52), which requests an
award of attorney fees and costs remains pending and,
a.

On or before February 14, 2013, the defendants shall serve
Plaintiff’s counsel with an itemized listing of the costs and attorney
fees the defendants incurred in filing the motion to compel.

b.

On or before February 21, 2013, the parties shall confer in good faith
to resolve the issue of awarding costs and attorney fees in favor of
the defendants.

i.

If the parties reach an agreement regarding the award of costs
and fees, on or before February 22, 2013, they shall file a
stipulation outlining the material terms of their agreement.

ii.

If the parties do not reach an agreement regarding the award
of costs and fees, the defendants shall file their itemized
listing of costs and attorney fees as evidence in support of
their motion for sanctions. The plaintiff’s response shall be
filed within ten days thereafter, in the absence of which the
court will award the defendants’ costs and fees in the amount
requested.

February 6, 2013
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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