Batun v. Omaha Housing Authority et al

Filing 49

ORDER - 1. Defendants' motion to deem facts admitted, (Filing No. 48 ), is granted. Defendants' requests for admissions, (Filing No. 48 -3), are deemed admitted.2. Defendants' motion to compel, (Filing No. 47 ), is granted, and - a. The plaintiff is given 14 days, or until October 5, 2015, to serve on the defendants his mandatory disclosures and his full and complete responses to Defendants' Interrogatories and Requests for Production. - b. On or befor e October 8, 2015, the plaintiff shall file a certificate of service on the court's record as required under this court's local rules stating he has timely served his discovery responses as required under this order.3. Failure to timely comply with paragraph 2 of this order may result in dismissal of this case as a discovery sanction or for want of prosecution.Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ABDULRAZAK BATUN,
Plaintiff,

8:14CV217

vs.
ORDER
OMAHA HOUSING AUTHORITY, et. al;
Defendants.
The defendants have filed a motion to compel, (Filing No. 47), and a motion to
deem facts admitted, (Filing No. 48). The plaintiff has not responded to the defendants’
motions, and the deadline for doing so has passed. The motions, and all facts within
them, are deemed unopposed.

Defendants state the plaintiff did not respond to Defendants’ discovery, including
their Interrogatories, Requests for Production and Requests for Admissions served on
June 1, 2015. The plaintiff also failed to serve mandatory disclosures. The defendants
sent letters to the plaintiff on July 21, 2015 and July 30, 2015, reminding the plaintiff that
his discovery responses and mandatory disclosures were past due. The plaintiff did not
respond to the letters. On August 31, 2015, Defendants filed their motion to compel and
motion to deem admitted those facts set forth in Defendants’ requests for admissions.
The plaintiff did not respond to the motions.

Pursuant to Rule 36 of the Federal Rules of Civil Procedure, in the absence of any
response to Requests for Admissions within 30 days of service, the requests are deemed
admitted.

Accordingly,

IT IS ORDERED:

1.

Defendants’ motion to deem facts admitted, (Filing No. 48), is granted.
Defendants’ requests for admissions, (Filing No. 48-3), are deemed
admitted.

2.

Defendants’ motion to compel, (Filing No. 47), is granted, and
a.

b.

3.

The plaintiff is given 14 days, or until October 5, 2015, to serve on
the defendants his mandatory disclosures and his full and complete
responses to Defendants’ Interrogatories and Requests for
Production.
On or before October 8, 2015, the plaintiff shall file a certificate of
service on the court’s record as required under this court’s local rules
stating he has timely served his discovery responses as required
under this order.

Failure to timely comply with paragraph 2 of this order may result in
dismissal of this case as a discovery sanction or for want of prosecution.

September 21, 2015.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge
.

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