Coach, Inc. v. Quinn et al

Filing 22

ORDER - Defendant Quinn's motion, (Filing No. 21 ), is denied. A telephonic conference with the undersigned magistrate judge will be held on October 12, 2016 at 11:00 a.m. to discuss case scheduling. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
COACH, INC., AND COACH
SERVICES, INC.,
8:16CV338
Plaintiffs,
vs.

ORDER

RAJA D. QUINN, AND FAWAZ
MUMTAZ,
Defendants.
Defendant Raja D. Quinn has filed a motion for discovery and for dismissal for
lack of evidence, (Filing No. 21). The motion was not signed under oath and cannot be
considered as evidence in support of a motion for summary judgment.

And unless

presented as a properly supported summary judgment motion, dismissal for lack of
evidence is not a recognized and valid procedure in the federal courts. As such, Quinn’s
motion to dismiss will be denied.
Quinn’s motion could be construed as demanding production of Plaintiffs’ Rule 26
mandatory disclosures; that is, Defendant Quinn “ask[s] the court to make Coach submit
a discovery packet of all of their evidence.” (Filing No. 21). While Plaintiffs were not
required to serve initial mandatory disclosures before a scheduling order was entered,
they did so on September 20, 2016. (Filing No. 20). Defendant Quinn has therefore
received a copy of the evidence in Plaintiffs’ possession that Plaintiffs’ intend to use at
trial.

Plaintiffs filed a Rule 26(f) Report, but Defendants did not participate in preparing
that report. (Filing No. 18). The court must therefore set a hearing to discuss case
scheduling to trial.

Accordingly,

IT IS ORDERED:

1)

Defendant Quinn’s motion, (Filing No. 21), is denied.

2)

A telephonic conference with the undersigned magistrate judge will be held

on October 12, 2016 at 11:00 a.m. to discuss case scheduling. Defendants and counsel
for Plaintiffs shall use the following conferencing instructions to participate in the call:
Dial 1-877-336-1828.
Enter the access code 5957780, then hit the # key.
Enter the security code: 0338
Press (1) to accept. Press (2) to re-enter.
September 28, 2016.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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