McGirr et al v. Rehme et al

Filing 91

ORDER GRANTING 87 Plaintiffs' Motion for Scheduling Conference, Directing the parties to meet and prepare a joint 26(f) plan to be filed by Plaintiffs no later than 1/6/2017 and Setting a Telephonic Scheduling Conference for 1/17/2017 10:30 AM. Signed by Judge Robert H. Cleland on 12/13/2016. (lgw)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

CONNIE MCGIRR, et al.,
Plaintiffs,
v.

Case No. 16-464

THOMAS F. REHME, et al.,
Defendants.
/
ORDER SETTING SCHEDULING CONFERENCE
AND ORDERING SUBMISSION OF RULE 26(f) REPORT
This matter is before the Court on Plaintiffs’ Motion for Scheduling Conference,
filed November 29, 2016. (Dkt. #87). Defendants have not filed any brief in opposition to
Plaintiffs’ motion. Plaintiffs request that the court issue a Notice of Scheduling
Conference under Federal Rules 16 and 26(f) so that they may begin exchanging formal
discovery, as the complaint was filed in April, 2016.
The Local Rules of the Southern District of Ohio indicate that normally scheduling
orders would be implemented within ninety days after filing an action, a deadline which
has long since passed. S.D. Ohio LR 16.2. However, the instant case likely falls into
enumerated exceptions for certain proceedings, such as those ancillary to a proceeding
in another court. See id. Read together, these provisions indicate that the court in this
case may issue a scheduling order if it deems it to be appropriate.
Good cause for delay existed while the court addressed the initial filings
requesting injunctive relief. Now several months on, and with filings pending in various
courts, including, among other things, an assignment for the satisfaction of creditors in

Ohio state probate court and a petition for a writ of mandamus filed with the Sixth Circuit
by the assignee of Defendant Waite, Schnieder, Bayless & Chesley Co., L.P.A., the risk
of endless delays has outweighed the benefits of avoiding excessive discovery. As
such, the court will order the parties to conduct a Rule 26(f) conference and submit a
joint 26(f) report outlining proposed deadlines and highlighting any areas of dispute.
Thereafter, the court will hold a scheduling conference where all natural party
Defendants will be required to appear as will all corporate party representatives with
fully dispositive settlement authority. Accordingly,
IT IS ORDERED that pursuant to Fed. R. Civ. P. 16 and 26(f):
1.

The parties shall meet, confer, and prepare a joint plan for the conduct of
the litigation, which Plaintiffs shall file on or before January 6, 2017.

2.

Counsel shall prepare to appear for a Telephonic Scheduling
Conference on Tuesday, January 17, 2017 at 10:30 am. (Subject to
cancellation upon review of the 26(f) plan). THE COURT WILL
INITIATE THE CALL.
s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

Dated: December 13, 2016
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, December 13, 2016, by electronic and/or ordinary mail.

s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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