Shivvers v. Vande Kamp Trucking, Inc. et al

Filing 30

ORDER granting (26) Motion to Compel in case 7:12-cv-05003-LES-FG3; granting (22) Motion to Compel in case 8:12-cv-00138-LES-FG3. Plaintiffs shall respond to all Interrogatories and Requests for Production served upon them by defendants by no lat er than January 22, 2013. Plaintiffs shall make themselves available for a deposition in the state of Nebraska on a date convenient to both parties, but all depositions must be completed on or before February 4, 2013. Plaintiffs shall schedule a medi ation with a mutually-agreed-upon mediator so that mediation can commence no later than February 12, 2013. The Court will consider attorneys fees upon further briefing and evidence provided by the parties. Ordered by Senior Judge Lyle E. Strom. (MKR)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
KAREN SHIVVERS and DANIEL
SHIVVERS, individuals,

)
)
)
Plaintiffs,
)
)
v.
)
)
VANDE KAMP TRUCKING, INC., an )
Iowa corporation, and CECIL L.)
SCHLAMPP, an individual,
)
)
Defendants.
)
______________________________)
TAJ D. SHIVVERS,
)
)
Plaintiff,
)
)
v.
)
)
VANDE KAMP TRUCKING, INC., an )
Iowa corporation, and CECIL L.)
SCHLAMPP, an individual,
)
)
Defendants.
)
______________________________)

8:12CV138

7:12CV5003

ORDER

This matter is before the Court on defendants’ motion
to compel discovery and mediation and for payment of attorney’s
fees (Filing No. 22 in 8:12CV138; Filing No. 26 in 7:12CV5003).
After a planning conference, the Court issued an order on
September 12, 2012, to facilitate the request of the parties for
alternative resolution of their dispute.

The order provided for

initial discovery including written discovery and depositions
necessary for purposes of mediation.

The deadline for completion

of initial discovery was set for February 4, 2013.

The order

also required a status report on the progress of mediation on or

before February 22, 2013.

Plaintiffs have failed to respond to

requests in the time allowed by Rule 34 or in compliance with
several extensions agreed to by the defendant.

At the time this

motion was filed, plaintiffs had also failed to make themselves
available for depositions.

Finally, as of the filing of the

motion, plaintiffs had failed to agree to a mediator and begin
scheduling of mediation.

With the February deadline fast

approaching, the Court finds that the defendant’s motion should
be granted.

Accordingly,

IT IS ORDERED:
1) Plaintiffs shall respond to all Interrogatories and
Requests for Production served upon them by defendants by no
later than January 22, 2013.
2) Plaintiffs shall make themselves available for a
deposition in the state of Nebraska on a date convenient to both
parties, but all depositions must be completed on or before
February 4, 2013.
3) Plaintiffs shall schedule a mediation with a
mutually-agreed-upon mediator so that mediation can commence no
later than February 12, 2013.

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4) The Court will consider attorney’s fees upon further
briefing and evidence provided by the parties.
DATED this 7th day of January, 2013.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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