Nesmith v. Fanning

Filing 24

ORDER granting 18 Motion for Extension of Time and for an Order Directing Plaintiff to be Deposed. It is ORDERED that Plaintiff shall appear in person on June 16, 2017, at 9:00 a.m. at the United States Attorney's Office to have his depositio n taken. It is further ORDERED that Plaintiff shall answer Defendant's interrogatories and requests for production no later than June 19, 2017.. Dispositive motion deadline is extended for both parties until July 10, 2017.(Signed by Magistrate Judge Jason B Libby) Parties notified.(mserpa, 2)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
JOE EDWARD NESMITH,
Plaintiff,
VS.
ROBERT M. SPEER,
Defendant.

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May 19, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. 2:16-CV-491

ORDER
Plaintiff Joe Edward Nesmith is appearing pro se in this employment
discrimination action. The case has been referred to the undersigned magistrate judge for
case management pursuant to 28 U.S.C. § 636. Pending is Defendant’s Motion for
Extension of Time to File Dispositive Motion and for an Order Directing Plaintiff to be
Deposed. (D.E. 18). A hearing was held before the undersigned on May 19, 2017 at
which Plaintiff and counsel for Defendant appeared in person.
The undersigned notes Plaintiff had notice of and failed to appear for his
deposition on May 9, 2017. It is further noted that Plaintiff has expressed reluctance to
answer Defendant’s written discovery. Plaintiff was admonished in open court, and is
admonished herein again, that any future failure to appear for his deposition or court
settings or his failure to comply with orders of the court or any failure to respond to
discovery or otherwise participate in these proceedings will result in sanctions. Those
sanctions may include monetary assessments and his case being dismissed.
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See

McCullough v. Lynaugh, 835 F.2d 1126 (5th Cir. 1988); Fed. R. Civ. P. 41(b) (district
court may dismiss an action for failure to prosecute or to comply with any order of the
court).
Having considered the motion, response, and arguments of counsel, Defendant’s
motion is GRANTED. It is, therefore,
ORDERED that Plaintiff shall appear in person on June 16, 2017, at 9:00 a.m. at
the United States Attorney’s Office to have his deposition taken. The address of the U.S.
Attorney’s office is 800 North Shoreline, Suite 500, Corpus Christi, Texas 78401. It is
further,
ORDERED that Plaintiff shall answer Defendant’s interrogatories and requests for
production no later than June 19, 2017. It is further,
ORDERED that both Plaintiff and Defendant will ensure they have made their
initial disclosures as required by Rule 26(a)(1) of the Federal Rules of Civil Procedure.
These disclosures shall be exchanged no later than June 19, 2017. It is further,
ORDERED that the dispositive motion deadline is extended for both parties until
July 10, 2017.
ORDERED this 19th day of May, 2017.
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Jason B. Libby
United States Magistrate Judge

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