Bent v Lashway, et al

Filing 70

ORDER signed by Judge Benjamin H. Settle granting in part and denying in part 60 Motion for pretrial conference. FRCP 26f Conference Deadline is 9/22/2017, Initial Disclosure Deadline is 9/29/2017, Joint Status Report due by 10/6/2017.(TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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MICHAEL S. BENT,

CASE NO. C16-5916 BHS
Plaintiff,

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v.
PATRICIA LASHWAY, et al.,

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ORDER GRANTING IN PART
AND DENYING IN PART
DEFENDANTS’ MOTION FOR
PRETRIAL CONFERENCE

Defendants.

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This matter comes before the Court on Defendants Patricia Lashway, Mark

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McCauley, and Greg Kimsey’s (“Defendants”) motion for pretrial conference (Dkt. 60).

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On March 6, 2017, the Court issued an order requiring the parties to hold a Fed. R.
Civ. P. 26(f) conference by June 13, 2017. Dkt. 43.
On July 28, 2017, Plaintiff Michael Bent (“Bent”) filed a motion for summary
judgment. Dkt. 58.
On August 9, 2017, Defendants filed a motion requesting that the Court hold a

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pretrial conference because Bent has failed to cooperate with scheduling the 26(f)

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conference. Dkt. 60. On August 21, 2017, Bent responded arguing that the conference

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and discovery are currently unnecessary and will only become necessary if his dispositive

ORDER - 1

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motion is denied. Dkt. 65. On August 25, 2017, Defendants replied arguing that a

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pending dispositive motion does not implicitly toll preliminary litigation obligations or

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the Court’s order directing the parties to hold a 26(f) conference. Dkt. 67.

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In this case, the Court agrees with Defendants that a motion for summary

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judgment does not suspend Bent’s preliminary obligations. Bent cites no authority for his

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unilateral decision to disobey the Court’s order to participate in a 26(f) conference and

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exchange initial disclosures. The Court, however, at this time finds that a pretrial

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conference before the Court is unnecessary. Therefore, the Court GRANTS Defendants’

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motion to the extent of resetting the deadlines as follows: FRCP 26f Conference Deadline

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is 9/22/2017, Initial Disclosure Deadline is 9/29/2017, Joint Status Report due by

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10/6/2017. Failure to comply with these deadlines may result in sanctions up to and

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including the possibility of dismissal of Bent’s claims. The Court DENIES the motion to

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the extent Defendants request a hearing before the Court.

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IT IS SO ORDERED.

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Dated this 7th day of September, 2017.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2