Sanford v. Memberworks Incorporated et al

Filing 40

ORDER regarding MOTION to Compel 1 filed by Patricia Sanford. No later than 10/10/2008, counsel for the parties shall file a status report, motion, evidence index, and/or brief, whichever is appropriate, addressing the status of the underlying litigation and the effect of Judge Burns' 9/29/2008 order on the motion pending in this court. (Attachments: # 1 9/29/2008 Order) Ordered by Magistrate Judge F. A. Gossett. (CLS, )

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA P A T R IC IA SANFORD, ) ) P l a i n t i f f, ) ) vs. ) ) M E M B E R W O R K S INCORPORATED, ) ) Defendant, ) ) W E S T CORPORATION, ) ) M o v a n t. )

8 :0 8 C V 3 0 2
(02CV601, S.D. Cal.)

S C H E D U L I N G ORDER

T h i s matter is before the court on the plaintiff's Motion [1] to Compel West C o rp o ra tio n 's production of documents which West has already produced in related state c o u rt litigation. The underlying litigation originated in the Southern District of California, C a s e No. 02CV601. It has come to the court's attention that on September 29, 2008, Judge Larry Alan B u r n s dismissed all of the plaintiff's remaining federal law claims, declined to exercise s u p p le m e n ta l jurisdiction over the plaintiff's state law claims, and dismissed the plaintiff's s ta te law claims without prejudice. A copy of Judge Burns' order, obtained from PACER, is attached hereto. I T IS ORDERED that, no later than October 10, 2008, counsel for the parties shall f ile a status report, motion, evidence index, and/or brief, whichever is appropriate, a d d re ss in g the status of the underlying litigation and the effect of Judge Burns' September 2 9 , 2008 order on the motion pending in this court. D A T E D October 3, 2008. B Y THE COURT: s / F.A. Gossett U n ite d States Magistrate Judge