Millsap v. National Enterprise Systems

Filing 12

ORDER - IT IS ORDERED: Defendant's Rule 26(f) Report (Filing No. 11 ) is stricken as incomplete. On or before November 9, 2017, the parties shall meet and confer and provide the Court with a joint report of their conference pursuant to Rule 26(f). Failure to comply with this Courts order may result in appropriate sanctions pursuant to Fed. R. Civ. P. 16(f) and 37(b)(2)(A)(ii)-(vii). Ordered by Magistrate Judge Michael D. Nelson. (TCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BLAKE MILLSAP,
Plaintiff,
vs.

8:17CV341
ORDER

NATIONAL ENTERPRISE SYSTEMS,
Defendant.
This matter is before the Court on the Rule 26(f) Report (Filing No. 11) prepared, filed,
and signed by only counsel for Defendant.

Defense counsel represents that he contacted

Plaintiff’s counsel prior to submitted the report, but received no response.
Pursuant to this Court’s scheduling letter (Filing No. 8) filed on September 27, 2017, the
parties were directed to meet and confer and provide the Court with a report of their conference
on or before October 27, 2017, pursuant to Rule 26(f) of the Federal Rules of Civil Procedure.
The scheduling letter directed counsel for Plaintiff to initiate the scheduling of the conference. A
report filed by one party, without meeting and conferring with opposing counsel, does not satisfy
the parties’ obligations pursuant to Rule 26(f) and the scheduling letter. The Court expects the
parties to file one report prepared using “Form 35 (Rule 26(f)) Report” posted on the Court’s
website. Accordingly,
IT IS ORDERED:
1. Defendant’s Rule 26(f) Report (Filing No. 11) is stricken as incomplete.
2. On or before November 9, 2017, the parties shall meet and confer and provide the
Court with a joint report of their conference pursuant to Rule 26(f). Failure to comply with this
Court’s order may result in appropriate sanctions pursuant to Fed. R. Civ. P. 16(f) and
37(b)(2)(A)(ii)-(vii).
Dated this 30th day of October, 2017.
BY THE COURT:

s/ Michael D. Nelson
United States Magistrate Judge