KOGER v. ALLEGHENY INTERMEDIATE UNIT et al

Filing 62

MEMORANDUM and ORDER denying 54 Motion for Enforcement of Subpoenas, denying 55 Motion for Enforcement of Subpoenas and Sanctions, and denying 56 Motion for Judgment on the Pleadings and/or Summary Judgment. Signed by Chief Judge Gary L. Lancaster on 6/17/11. (map)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

TODD ELLIOTT KOGER,

Plaintiff,

v.

Civil Action No. 10-1466

ALLEGHENY INTERMEDIATE UNIT,
et al.,
Defendants.

MEMORANDUM
Gary L. Lancaster,
Chief Judge.
This
Plaintiff

Todd

June 17, 2011

is

an

Elliott

employment
Koger,

who

discrimination
is

proceeding

action.
se,

has

filed several motions.

Koger has filed a Motion

Enforcement

of Subpoenas

54]

Enforcement

[doc.

no.

of Subpoenas and for
filed

a

Judgment

Motion
[doc.

for
no.

and a related Motion

Sanctions
Judgment

56].

[doc.
on

For the

no.

the

55].

Pleadings

reasons

set

Koger has also
and/or

Summary

rth below,

we

deny all motions.
Koger

contends that

to produce any documents,

the

Union

De

ndants

or file any objection,

the subpoenas he issued on November 12,

have

iled

in response to

2010 and April 29,

2011

[doc.

nos.

54

and

55].

though

Koger

acknowledges

that

the

School District Defendants "provided some materials," he claims
that

their

seeks
all

production

"enforcement

defendants

of

from

conta
the

several

subpoenas"

deficiencies.

and

sanctions

introducing "untimely things

as required by law."

Koger

preventing

not delivered

[doc. no. 55 at 7].

We find that ne

r enforcement of the subpoenas nor

sanctions are warranted.

The subpoenas attached to the motion

are

do

incomplete,

directed,
not

as

they

not

indicate

nor on whom they were served.

attached

the

November

12,

2010

to

whom

In addition,
subpoena

to

they

are

Koger has

his

motion,

making it impossible for the court to determine whether or not
it has been complied with.
would be unnecessary in
the defendants,

as

Moreover,

to obtain documents

0

they are parties to this

Koger is proceeding pro se,
Fede

Rules

of

we note that a

Civil

subpoena

from any of

action.

Although

he must nevertheless adhere to the

Procedure

and

conduct

that both

the

discovery

in

accordance with them.
Regardless,
Defendants

and

the

it

appears

Union

subpoenas to be requests

Defendants

have

School

District

considered

the

the production of documents to a

2

party opponent and have responded to them, as well as to Koger's
other

discovery

responses
claims

are

requests.

To

inadequate,

during

discovery

the

Koger

and

extent

may

file

a

either

gather
motion

defendant's

support
to

for

his

in

the

compel,

proper format, if appropriate.
We will
party.

Koger

Defendants

in

impose sanctions

has

made

the

or

documents

not

Union

their

no

showing

or

this

that

Defendants

possession,

at

the

have
have

time on
School

failed

District

to

otherwise

ther

produce

failed

to

participate in discovery.
Those
effect

of

the

portions

of

defendants'

substance of this matter,
a

sanction
scovery

reason

for
is

we

failing

not

deny

closed

Koger's

and/or Summary Judgment
osed,
alleged

the
lack

court
of

Koger's

motion

evidentiary

that

discuss

delinquencies

on

the
the

and move for the entry of judgment as
to

produce

until

July

Motion

for

documents,

[doc. no.

cannot

29,

attribute

dence.

We

2011.

Judgment

56J.

have

are

premature.

For
the

on

the
Pl

same
ngs

As discovery is not yet
any

significance

previously

to

denied

an
both

defendants' motion for summary judgment and Koger's prior motion
judgment

on

the

pleadings

[doc.

3

no.

44 J •

The

court

has

established deadlines

for

the

its Case Management Order
the

parties

discovery,

are

to

filing

[doc.

engage

in

no.

of disposi t
45].

motions

Until July 29,

discovery.

we will then consider any prope

r
y

the

in

2011,

close

of

led and support

dispositive motions.
An

appropriate

order

will

with this memorandum.

4

be

fil

contemporaneously

..,
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
TODD ELLIOTT KOGER,
Plaintiff,

v.

Civil Action No. 10-1466

ALLEGHENY INTERMEDIATE UNIT,
et al.,
Defendants.
ORDER
AND

NOW,

this

12

day

of

June

2011,

IT

IS

HEREBY

ORDERED that Koger's Motions for Enforcement of Subpoenas
no.
55],

54J,

for

Enforcement

of

Subpoenas

and Sanctions

[doc.

[doc.

no.

and for Judgment on the Pleadings and/or Summary Judgment

[doc. no. 56] are DENIED.

C. J.

cc:

All Counsel of Record