Baker v. Meek et al

Filing 11

ORDER: (1) REQUIRING THE PARTIES TO MEET AND CONFER; (2) REQUIRING THE PARTIES TO FILE THEIR FED. R. CIV. P. 26(f) REPORT ON OR BEFORE JANUARY 27, 2025; AND (3) REQUIRING THE PARTIES TO MAKE INITIAL DISCLOSURES UNDER FED. R. CIV. P. 26(a)(1) ON OR BEFORE JANUARY 20, 2025. Signed by Judge Michael J. Newman on 1/6/2025. (srb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
ROBERT BAKER,
Plaintiff,

Case No. 3:24-cv-313

vs.
WALTER MEEK, et al.,

District Judge Michael J. Newman
Magistrate Judge Peter B. Silvain, Jr.

Defendants.
______________________________________________________________________________
ORDER: (1) REQUIRING THE PARTIES TO MEET AND CONFER; (2) REQUIRING
THE PARTIES TO FILE THEIR FED. R. CIV. P. 26(f) REPORT ON OR BEFORE
JANUARY 27, 2025; AND (3) REQUIRING THE PARTIES TO MAKE INITIAL
DISCLOSURES UNDER FED. R. CIV. P. 26(a)(1) ON OR BEFORE
JANUARY 20, 2025
______________________________________________________________________________
Defendants responded to the Court’s show cause Order (Doc. No. 8), and the Court has
reviewed Defendants’ response (Doc. No. 9) and CONCLUDES it has subject-matter jurisdiction
over the case. Pursuant to Fed. R. Civ. P. 16 and Fed. R. Civ. P. 26(f), the parties are ORDERED
to informally confer in good faith and prepare a report as required by Fed. R. Civ. P. 26(f). 1 The
parties’ Rule 26(f) report shall be filed with the Court on or before January 27, 2025. Unless
otherwise agreed to by the parties in their Rule 26(f) Report, initial disclosures must be made as
required by Rule 26(a)(1). Rule 26(a)(1) initial disclosures must be served upon all parties in the
case by January 20, 2025 and should not be filed with the Court unless submitted in support of a
motion.
Pursuant to Fed. R. Civ. P. 7.1(a)(2), if this case is based on the assertion of diversity
jurisdiction under 28 U.S.C. § 1332(a), “a party or intervenor must . . . file a disclosure statement,
nam[ing]—and identify[ing] the citizenship of—every individual or entity whose citizenship is

A form Rule 26(f) Report of the Parties (applicable in the Western Division at Dayton) is accessible on
the Court’s website at http://www.ohsd.uscourts.gov/ohio-southern-district-forms.
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attributed to that party or intervenor[.]” This includes listing the citizenship of each member of
any LLC that is a party to this case. A form Diversity of Citizenship Disclosure Statement is
available on the Court’s website at http://www.ohsd.uscourts.gov/ohio-southern-district-forms. If
a party did not file the Rule 7.1 Diversity of Citizenship Disclosure Statement at the time the case
was filed or removed to this Court, see Rule 7.1(a)(2)(A), the Diversity of Citizenship Disclosure
Statement shall be filed at the same time as the Rule 26(f) report.
The parties are ADVISED that failure to comply with any provision of this Order may
result in appropriate sanctions including, but not limited to, dismissal of this action or the entry of
a default judgment pursuant to Rule 16(f) and Rule 37(b)(2)(A). After the parties file their Rule
26(f) report, the Court intends to put on a scheduling order and to formally refer this matter to the
United States Magistrate Judge.
IT IS SO ORDERED.
January 6, 2025

s/Michael J. Newman
Hon. Michael J. Newman
United States District Judge

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