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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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 MICHAEL S. BENT, CASE NO. C16-5916 BHS Plaintiff, 9 10 v. PATRICIA LASHWAY, et al., 11 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR PRETRIAL CONFERENCE Defendants. 12 13 This matter comes before the Court on Defendants Patricia Lashway, Mark 14 McCauley, and Greg Kimsey’s (“Defendants”) motion for pretrial conference (Dkt. 60). 15 16 17 18 19 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 20 pretrial conference because Bent has failed to cooperate with scheduling the 26(f) 21 conference. Dkt. 60. On August 21, 2017, Bent responded arguing that the conference 22 and discovery are currently unnecessary and will only become necessary if his dispositive ORDER - 1 1 motion is denied. Dkt. 65. On August 25, 2017, Defendants replied arguing that a 2 pending dispositive motion does not implicitly toll preliminary litigation obligations or 3 the Court’s order directing the parties to hold a 26(f) conference. Dkt. 67. 4 In this case, the Court agrees with Defendants that a motion for summary 5 judgment does not suspend Bent’s preliminary obligations. Bent cites no authority for his 6 unilateral decision to disobey the Court’s order to participate in a 26(f) conference and 7 exchange initial disclosures. The Court, however, at this time finds that a pretrial 8 conference before the Court is unnecessary. Therefore, the Court GRANTS Defendants’ 9 motion to the extent of resetting the deadlines as follows: FRCP 26f Conference Deadline 10 is 9/22/2017, Initial Disclosure Deadline is 9/29/2017, Joint Status Report due by 11 10/6/2017. Failure to comply with these deadlines may result in sanctions up to and 12 including the possibility of dismissal of Bent’s claims. The Court DENIES the motion to 13 the extent Defendants request a hearing before the Court. 14 IT IS SO ORDERED. 15 Dated this 7th day of September, 2017. A 16 17 BENJAMIN H. SETTLE United States District Judge 18 19 20 21 22 ORDER - 2

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