Jones, Et Al v. Halliburton Company et al

Filing 28

RESPONSE in Opposition re 27 MOTION to deem admissions filed by Kellogg Brown & Root Services, Inc., Kellogg Brown & Root International, Inc., Kellogg Brown & Root LLC, Kellogg Brown & Root, Inc, Kellogg Brown & Root, S. de R.L., Halliburton Company, KBR, Inc., Kellogg Brown & Root Services Corporation, Inc, KBR Technical Services, Inc, Overseas Administrative Services, LTD. (Attachments: # 1 Text of Proposed Order)(Sloan, Shadow)

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Jones, Et Al v. Halliburton Company et al Doc. 28 Case 1:07-cv-00295-TH Document 28 Filed 07/11/2007 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION JAMIE LEIGH JONES and JOSEPH DAIGLE Plaintiffs, vs. HALLIBURTON COMPANY d/b/a KBR KELLOGG BROWN & ROOT (KBR); KELLOGG BROWN & ROOT, SERVICES, INC.; KELLOGG BROWN & ROOT INTERNATIONAL, INC.; KELLOGG BROWN & ROOT, LLC; KELLOGG BROWN & ROOT, INC.; KELLOGG BROWN & ROOT, S. de R.L.; KELLOGG BROWN & ROOT (KBR), INC.; KBR TECHNICAL SERVICES, INC.; OVERSEAS ADMINISTRATIVE SERVICES, LTD.; ERIC ILER, CHARLES BOARTZ; SEVERAL JOHN DOE RAPISTS, and THE UNITED STATES OF AMERICA Defendants. CIVIL ACTION NO. 1:07-CV-0295 JURY TRIAL DEMANDED DEFENDANTS' RESPONSE TO PLAINTIFFS' MOTION TO DEEM ADMISSIONS Defendants Halliburton, KBR, and OAS (collectively, "Defendants") respond to Plaintiffs' motion to deem requested admissions admitted, Doc. 27, as follows: This lawsuit was filed May 16, 2007. Doc. 1. The court has not yet set a date for the parties' scheduling conference, nor a date by which a scheduling order is due under FED. R. CIV. P. 16(b).1 Therefore, Plaintiffs and Defendants have yet to confer as required by FED. R. CIV. P. 26(f). 1 Indeed, at this early stage in the litigation not all defendants have been served. Case 1:07-cv-00295-TH Document 28 Filed 07/11/2007 Page 2 of 3 FED. R. CIV. P. 26(d) provides that "a party may not seek discovery from any source before the parties have conferred as required by Rule 26(f)." See, e.g., Riley v. Walgreen Co., 233 F.R.D. 496, 499 (S.D. Tex. 2005) ( noting that Rule 26(d)'s restriction "sweeps broadly," and explaining that "the discovery bar facilitates the goal of orderly, efficient, and economical discovery by creating an incentive to meet and devise a joint discovery plan at an early stage of litigation"). Furthermore, FED. R. CIV. P. 36, which governs requests for admission, states that "[w]ithout leave of court or written stipulation, requests for admission may not be served before the time specified in Rule 26(d)." Plaintiffs' requests clearly were premature, and under the applicable rules the time for Defendants' responses cannot have even begun to run. 2 For these reasons, Defendants respectfully request that Plaintiffs' motion be dismissed. Respectfully submitted, _/s/ M.C. Carrington___________________ M. C. Carrington, Of Counsel State Bar No. 03880800 MEHAFFYWEBER Post Office Box 16 Beaumont, Texas 77704 Telephone 409/835-5011 Telecopier 409/835-5177 2 Had Plaintiffs attempted to confer with Defendants, as they were required to do by Local Rule 7(h), Defendants could have explained the rules in an attempt to avoid involving the court in this. 2 Case 1:07-cv-00295-TH Document 28 Filed 07/11/2007 Page 3 of 3 /s/ Shadow Sloan ___________________ SHADOW SLOAN State Bar No. 18507550 V. LORAINE CHRIST State Bar No. 24050417 VINSON & ELKINS L.L.P. 1001 Fannin Street, Suite 2500 Houston, Texas 77002-6760 Telephone (713) 758-3822 Telecopier (713) 615-5933 ATTORNEYS FOR DEFENDANTS KELLOGG BROWN & ROOT, HALLIBURTON AND OVERSEAS ADMINISTRATIVE SERVICES, LTD. CERTIFICATE OF SERVICE I hereby certify that on July 11, 2007 a true and correct copy of the foregoing document was filed electronically by using the CM/ECF and/or by first-class mail, return receipt requested, on Plaintiff's counsel: L. Todd Kelly The Kelly Law Firm, P.C. One Riverway Drive, Suite 1150 777 South Post Oak Lane Houston, Texas 77056-1920 Stephanie M. Morris Attorney at Law 1660 L Street N.W., Suite 506 Washington, D.C. 20036 ___/s/ Shadow Sloan__________________ Attorney for Defendants Houston 3314470v.1 Paul Waldner Vickery, Waldner & Mallia, L.L.C. One Riverway, Suite 1150 Houston, Texas 77056 3

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