Bent v Lashway, et al
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)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
MICHAEL S. BENT,
CASE NO. C16-5916 BHS
PATRICIA LASHWAY, et al.,
ORDER GRANTING IN PART
AND DENYING IN PART
DEFENDANTS’ MOTION FOR
This matter comes before the Court on Defendants Patricia Lashway, Mark
McCauley, and Greg Kimsey’s (“Defendants”) motion for pretrial conference (Dkt. 60).
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
pretrial conference because Bent has failed to cooperate with scheduling the 26(f)
conference. Dkt. 60. On August 21, 2017, Bent responded arguing that the conference
and discovery are currently unnecessary and will only become necessary if his dispositive
ORDER - 1
motion is denied. Dkt. 65. On August 25, 2017, Defendants replied arguing that a
pending dispositive motion does not implicitly toll preliminary litigation obligations or
the Court’s order directing the parties to hold a 26(f) conference. Dkt. 67.
In this case, the Court agrees with Defendants that a motion for summary
judgment does not suspend Bent’s preliminary obligations. Bent cites no authority for his
unilateral decision to disobey the Court’s order to participate in a 26(f) conference and
exchange initial disclosures. The Court, however, at this time finds that a pretrial
conference before the Court is unnecessary. Therefore, the Court GRANTS Defendants’
motion to the extent of resetting the deadlines as follows: FRCP 26f Conference Deadline
is 9/22/2017, Initial Disclosure Deadline is 9/29/2017, Joint Status Report due by
10/6/2017. Failure to comply with these deadlines may result in sanctions up to and
including the possibility of dismissal of Bent’s claims. The Court DENIES the motion to
the extent Defendants request a hearing before the Court.
IT IS SO ORDERED.
Dated this 7th day of September, 2017.
BENJAMIN H. SETTLE
United States District Judge
ORDER - 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?