Musil et al v. Trenton Agri Products, LLC

Filing 35

ORDER denying 31 Motion to Compel.Plaintiffs' response to Defendant Trenton Agri Products, LLCs motion for additional time to serve its expert disclosures, (Filing No. 34 ), shall be filed on or before June 14, 2018, in the absence of which the motion will be deemed unopposed. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DAVID MUSIL, Husband and Wife; and
MARLA MUSIL, Husband and Wife;
4:17CV3109
Plaintiffs,
ORDER

vs.
TRENTON AGRI PRODUCTS, LLC,
Defendant.

The court’s scheduling order for this case states: “Motions to compel shall not
be filed without first contacting the chambers of the undersigned magistrate judge to
set a conference for discussing the parties’ dispute.” (Filing No. 24 at CM/ECF p. 2,
¶ 6). The purpose of this requirement is to limit motion practice in favor of first
requiring candid discussions between counsel before contacting the court, and
absent a resolution between counsel alone, then exploring potential resolution
through court-facilitated discussions. Unnecessary written motion practice is both
expensive and time-consuming, and it undermines the goal of securing “a just,
speedy, and inexpensive determination” of this case. Fed.Civ.R.1. Plaintiffs did not
comply with the court’s order before filing a motion to compel.

In addition, Trenton Agri Products, LLC has moved for additional time to serve
its expert disclosures, explaining Plaintiffs’ expert disclosures were not served until
May 31, 2018 (Filing No. 34). Plaintiffs’ position on Trenton’s motion is unknown.

Accordingly,

IT IS ORDERED:
1)

Plaintiffs' motion to compel, (Filing No. 31), is denied.

2)

Plaintiff’s response to Defendant Trenton Agri Products, LLC’s motion
for additional time to serve its expert disclosures, (Filing No. 34), shall
be filed on or before June 14, 2018, in the absence of which the motion
will be deemed unopposed.

June 12, 2018.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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