Running Horse, LLC v. Rodenbough Trucking & Excavating, Inc. et al

Filing 184

ORDER re 146 MOTION to Compel Discovery Responses filed by Tesha Fredericks by Magistrate Judge Charles S. Miller, Jr. (ZE) Distributed on 8/8/2017 (rh).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Running Horse, LLC,

)
)
Plaintiff,
)
)
ORDER
v.
)
)
Rodenbough Trucking & Excavating, Inc.; )
Jessie Rodenbough; Matthew Rodenbough; )
Christine Boulter; and Unleashed
)
Performance Labs, Inc.,
)
)
Case No.: 1:16-cv-35
Defendants,
)
)
Rodenbough Trucking & Excavating, Inc.; )
Jessie Rodenbough; Matthew Rodenbough; )
and Unleashed Performance Labs, Inc.,
)
)
Third-Party Plaintiffs,
)
)
v.
)
)
Tesha Fredericks; Joshua P. Jacobson; Paul )
Fredericks, Jr., and Payden Sorenson,
)
)
Third-Party Defendants.
)
__________________________________________________________________________
Before the court is Third-Party Defendant Tesha Fredericks’ (“Fredericks”) “Motion to
Compel,” (Doc. No. 146), wherein Fredericks seeks to have this court order Defendants Unleashed
Performance Labs, Inc. (“UPL”) and Rodenbough Trucking & Excavating, Inc. (“RTE”) answer
previously served written discovery. This written discovery generally seeks information pertaining
to UPL and RTE’s allegations the Third-Party Defendants interfered with UPL and RTE’s business
operations. To date, UPL and RTE have not filed a response and the time do so has passed.
Following filing of the current motion on January 23, 2017, Judge Hovland ordered the
parties participate in a court-hosted settlement conference, which ended unsuccessfully on April 6,

2017. (Doc. No. 161). Since that settlement conference, UPL and RTE’s counsel asked for and was
granted leave to withdraw from the case. (Doc. No. 181). No substitute counsel has appeared on
behalf of either UPL or RTE, leaving each to proceed in this matter pro se.
Given how this case has proceeded thus far, the court is inclined to give UPL and RTE
another opportunity to respond to the Motion to Compel. Accordingly, the court ORDERS UPL and
RTE file a reply to the Motion to Compel within thirty (30) days. Failure to do so may be taken as
an admission the motion is well taken and may justify granting the motion.
IT IS SO ORDERED.
Dated this 8th day of August, 2017.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court