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)

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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

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