Greywind v. Podrebarac et al

Filing 38

ORDER denying 35 Motion to Compel. By Magistrate Judge Charles S. Miller, Jr. (CAS) Distributed on 8/25/2011 (jd).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
John Willard Greywind,

)
)
)
ORDER DENYING MOTION TO
Plaintiff,
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COMPEL
)
vs.
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Case No. 1:10-cv-006
)
James T. Podrebarac, Leann Bertsch,
)
Patrick Branson, and Kathy Bachmeier,
)
)
Defendants.
)
______________________________________________________________________________
Plaintiff John Greywind filed a Motion to Compel (Docket No. 35) with this court on May
6, 2011. Defendants replied, opposing the motion, on May 20, 2011. (Docket No. 36). Greywind
included no factual information or argument with his motion. Defendants opposed the motion on
the ground that they received Greywind’s interrogatories on or about April 7, 2011 and responded
to the interrogatories on May 3, 0211, objecting to them as untimely. The parties’ deadline for fact
discovery and the filing of discovery motions passed on February 4, 2011, per the scheduling order
entered by this court on August 31, 2011. (Docket No. 19).
It appears to the court that Greywind is aware of his responsibility to timely file motions and
responses with the court, as he requested an extension on his response to defendants’ motion for
summary judgment on December 23, 2010. (Docket No. 30). Greywind has requested no discovery
extensions from this court, nor provided any information to this court explaining the post-deadline
service of the interrogatories and filing of the motion to compel.
As the period set out in the scheduling order in this matter passed nearly three (3) months
before Greywind filed the motion to compel, the motion is DENIED.
IT IS SO ORDERED.

Dated this 25th day of August, 2011.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court