Bernegger v. Gray & Associates LLP et al

Filing 137

ORDER signed by Judge William C Griesbach on 1/26/2009 denying 108 Motion to Compel Discovery; denying 111 Motion to Compel Interrogatory Answers; denying 127 Motion to Compel; denying 133 7.4 Expedited Motion to Compel. Plaintiff's discovery requests are stayed until 122 Motion for Protective Order is decided. Pending notices of deposition are stayed absent mutual agreement of the parties or further order of the court. (cc: all counsel) (tlf)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN
P E T E R M. BERNEGGER, P l a i n t i f f, v. G R A Y & ASSOCIATES LLP, et al., D e fe n d a n t s . C a se No. 07-C-1028

ORDER

T h e defendants in this matter have filed a motion for a protective order seeking various relief, in clu d in g requiring that Plaintiff Peter M. Bernegger withdraw various subpoenas and notices of d ep o sitio n seeking information relating to topics other than those relevant to the pending lawsuit. B ern egger, who appears pro se, has filed motions to compel witnesses to provide documents p rev io u sly withheld or to appear at scheduled depositions. Bernegger has not yet responded to the d efen d an ts' motion for a protective order and sanctions. One of Bernegger's motions to compel is d irected toward a deposition scheduled for January 27, 2009, and he has asked for a decision on his m o tio n by noon today. B eca u se Bernegger has not yet responded to the defendants' motion for protective order, his m o t io n to compel will be denied and the deposition postponed until such time as the Court has an o p p ortu n ity to address the defendants' motion. The defendants contend that Bernegger is misusing th e discovery process in an effort to obtain information not relevant to any of the issues raised in the p en d ing lawsuit. An affidavit filed in support of the motion suggests that Bernegger is aware that his d isco v ery efforts go to matters outside the present lawsuit, but simply does not care. Bernegger's

conduct as described in the affidavit warrants further consideration of the motion the defendants have b rou ght. Accordingly, Bernegger's motions to compel are denied and his discovery requests are h ereb y stayed until such time as the motion for a protective order is decided. The pending notices of dep osition filed by Bernegger are therefore stayed absent mutual agreement by the parties or further o rde r of this Court. S O ORDERED this 26th day of January, 2009.

s/ William C. Griesbach WILLIAM C. GRIESBACH U n ited States District Judge