Baker v. Katana, et al.

Filing 31

ORDER - Plaintiff's Motion for Order Compelling Discovery and for Appropriate Sanctions (filing 30 ) is denied. Ordered by Magistrate Judge F.A. Gossett. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DANIEL R. BAKER,
Plaintiff,
V.
KATANA, INC., an Iowa
Corporation, and STEVEN K.
ZEIBIG,
Defendants.

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7:09CV3183

ORDER

This matter is before the court on Plaintiff’s Motion for Order Compelling Discovery
and for Appropriate Sanctions (filing 30). The motion will be denied.
Plaintiff represents to the court that he served Defendants with written discovery
requests on February 19, 2010, and that Defendants have failed to respond.
The progression order entered in this case (filing 25) provides that “[d]iscovery
motions shall be filed not later than December 3, 2010 as to matters which are then ripe for
decision; discovery matters arising after that date may be the subject of motions until the
deposition deadline.” (Filing 25 at CM/ECF pp. 1-2.) Based on the timeline of events, it is
likely that any motion to compel related to the discovery at issue here was ripe for decision
as of the December 3, 2010 deadline. Further, the deposition deadline was January 14, 2011.
Plaintiff did not file this motion until May 4, 2011. Accordingly, this motion will be denied
as untimely.
IT IS ORDERED that Plaintiff’s Motion for Order Compelling Discovery and for
Appropriate Sanctions (filing 30) is denied.
DATED June 9, 2011.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge