Ngrime v. Mosaic

Filing 37

ORDER that Plaintiff's motion to compel and motion for a hearing 27 are denied without prejudice. Defendant's request for attorney fees 34 is denied. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MICHAEL NGRIME,

)
)
Plaintiff,
)
)
v.
)
)
MOSAIC,
)
)
Defendant.
)
______________________________)

8:13CV194

ORDER

This matter is before the Court on the plaintiff’s
motion to compel (Filing No. 27) and motion for a hearing (Filing
No. 30).

The defendant, Mosaic, once employed the plaintiff,

Michael M. Ngrime (“Ngrime”), as a care giver for Mosaic’s
disabled clients.

On May 17, 2012, Mosaic terminated Ngrime

after an undisclosed source accused Ngrime of physically abusing
a client (Filing No. 1, at 1).

Ngrime has since filed a claim

against Mosaic for discrimination on the basis of his race and
national origin.

Ngrime is appearing pro se and is experiencing

discovery disputes with Mosaic.
The briefs, evidence, and motions illustrate that
Ngrime has not complied with Local Rule 7.1.

Local Rule 7.1(i)

reads as follows:
[T]his court only considers a
discovery motion in which the
moving party, in the written
motion, shows that after personal
consultation with opposing parties

and sincere attempts to resolve
differences, the parties cannot
reach an accord. This showing must
also state the date, time, and
place of the communications and the
names of all participating persons.
“Personal consultation” means
person-to-person conversation,
either in person or on the
telephone. An exchange of letters,
faxes, voice mail messages, or
emails is also personal
consultation for purposes of this
rule upon a showing that
person-to-person conversation was
attempted by the moving party and
thwarted by the nonmoving party.
Neb. Civ. R. 7.1.

Ngrime has not provided such information and

the Court will deny the motions.

The Court encourages Ngrime to

attempt to reach a resolution with the defendants.
IT IS ORDERED:
1) Plaintiff’s motion to compel and motion for a
hearing are denied without prejudice.
2) Defendant’s request for attorney fees (Filing No.
34) is denied.
DATED this 8th day of July, 2014.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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