Booker v. Johnsonville Sausage LLC

Filing 23

ORDER signed by Judge J.P. Stadtmueller on 4/25/2017 GRANTING in part 22 Defendant's Motion to Compel, Motion for Sanctions, and Motion for Extension of Time. Plaintiff ORDERED to sit for a deposition in this case by 6/1/2017. Court RESERV ES ruling on 22 Defendant's Request for Sanctions; Motion for Sanctions to be briefed separately from any dispositive motion. MODIFYING 15 Trial Scheduling Order so that dispositive motions now due by 6/30/2017. Response to any dispositive motion due within 21 days after service of such motion; reply is due within 7 days after service of response. See Order for further details. (cc: all counsel, via mail to Delvaris Booker) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DELVARIS BOOKER,
Plaintiff,
v.

Case No. 16-CV-1047-JPS

JOHNSONVILLE SAUSAGE LLC,
Defendant.

ORDER

On April 21, 2017, Defendant filed a motion to compel Plaintiff to sit
for a deposition, for monetary sanctions for his failure to attend his
deposition previously scheduled for April 19, 2017, and for a thirty-day
extension of the dispositive motion deadline. (Docket #22). Having reviewed
the evidence submitted by Defendant, the Court is satisfied that an order
should issue compelling Plaintiff to sit for a deposition, as he failed to do on
April 19. See Fed. R. Civ. P. 37(a).
The Court will also grant Defendant’s request for an extension of the
dispositive motion deadline, pushing the deadline back from June 1 to June
30, 2017. However, to give the Court sufficient time to consider any
dispositive motion prior to the September 11, 2017 trial date, it is necessary
to shorten the briefing schedule provided in the Local Rules. See Civ. L. R.
56(b)(2)–(3). Any response to a party’s dispositive motion will be due within
twenty-one (21) days after service of the motion, and any reply will be due
within seven (7) days of the response. No extensions of these deadlines will
be granted.
Finally, the Court notes that there may also be a sufficient basis for an
award of sanctions against Plaintiff, including attorney’s fees and costs,
which Defendant incurred in connection with the April 19 deposition. See

Fed. R. Civ. P. 37(d). Nevertheless, in order to expedite consideration of
Defendant’s other requests, the Court will reserve its ruling on the motion for
sanctions until such time as it resolves the parties’ dispositive motions. The
motion for sanctions should be briefed separately from any dispositive
motion—that is, Plaintiff’s response is presently due May 15, 2017
(considering the three-day extension provided for service by mail), and
Defendant’s reply will be due fourteen (14) days after service of Plaintiff’s
response. See Civ. L. R. 7(b)–(c).
Accordingly,
IT IS ORDERED that Defendant’s motion to compel, motion for
sanctions, and motion for an extension of time (Docket #22) be and the same
is hereby GRANTED in part as stated above;
IT IS FURTHER ORDERED that Plaintiff shall sit for a deposition in
this case no later than June 1, 2017, upon proper notice of the deposition by
Defendant;
IT IS FURTHER ORDERED that the Court RESERVES ruling on
Defendant’s request for sanctions (Docket #22) at this time; and
IT IS FURTHER ORDERED that any dispositive motion in this
matter shall be filed no later than June 30, 2017. A response to any
dispositive motion shall be filed no later than twenty-one (21) days after
service of the motion, and a reply may be filed no later than seven (7) days
after service of the response. No extensions of these deadlines will be
granted.

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Dated at Milwaukee, Wisconsin, this 25th day of April, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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