Summit Farms, LLC v. Ainsworth Feed Yards, LLC

Filing 17

ORDER regarding Report of Rule 26(f) Planning Meeting 16 filed by Summit Farms, LLC. Counsel for the defendant shall, no later than 12/10/2009, contact plaintiff's counsel to schedule a planning conference. Failure to do so will result in the issuance of an order for the defendant to show cause why monetary and other sanctions should not be assessed against the defendant pursuant to Fed. R. Civ. P. 37. The parties are given until 12/16/2009 to file a joint Rule 26(f) planning report. If no joint report is filed, the court may adopt the provisions of the plaintiff's planning report. Rule 26 Meeting Report Deadline set for 12/16/2009.Ordered by Magistrate Judge F. A. Gossett. (CLS, )

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA S U M M I T FARMS, LLC, P l a i n t i f f, vs. A IN S W O R T H FEED YARDS, LLC, D efe n d a n t. ) ) ) ) ) ) ) ) )

8 :0 9 C V 3 2 8 ORDER

O n November 6, 2009, the parties were directed to confer pursuant to Fed. R. Civ. P. 2 6 (f ) and report to the court no later than November 30, 2009. Plaintiff was granted an e x te n s io n to December 4, 2009 because defense counsel could not be contacted. On D e c em b e r 4, plaintiff unilaterally filed a Rule 26(f) planning report (Filing 16) advising that d e f en s e counsel failed to respond to numerous e-mail and telephone requests to conduct the n e c e ss a ry planning conference. The defendant did not request any extension of time to c o m p ly with Rule 26(f). IT IS ORDERED: 1. C o u n s e l for the defendant shall, no later than December 10, 2009, contact p la in tif f 's counsel to schedule a planning conference. Failure to do so will result in the is s u a n c e of an order for the defendant to show cause why monetary and other sanctions s h o u ld not be assessed against the defendant pursuant to Fed. R. Civ. P. 37. 2. T h e parties are given until December 16, 2009 to file a joint Rule 26(f) planning re p o rt. If no joint report is filed, the court may adopt the provisions of the plaintiff's planning rep o rt (Filing 16). D A T E D December 8, 2009. B Y THE COURT: s / F.A. Gossett U n ite d States Magistrate Judge