Roeben, Henry v. Home Depot

Filing 29

ORDER that plaintiff shall (1) respond to the motion for extension of the dispositive motion deadline not later than July 30, 2014; and (2) as part of that response, plaintiff shall show cause why sanctions should not be imposed up to and including dismissal of his lawsuit. Signed by District Judge William M. Conley on 7/16/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
_________________________________________________________________________________
HENRY ROEBEN,
Plaintiff,

ORDER FOR RESPONSE
AND TO SHOW CAUSE

v.

13-cv-641-wmc

THE HOME DEPOT U.S.A., INC.,
Defendant.
_________________________________________________________________________________
The court is in receipt of defendant The Home Depot U.S.A., Inc’s motion to
modify the scheduling order to extend the dispositive motion deadline from August 15,
2014, until September 15, 2014. (Dkt. #25) Under Fed. R. Civ. P. 16(b)(4), a schedule
may be modified only for “good cause.”

Here, defendant seeks extra time based on

plaintiff’s failure to participate in discovery.
Defendant has proffered documentation indicating diligent, good faith efforts to
obtain discovery, as well as plaintiff’s apparent lack of cooperation and pattern of delay.
If true, the court is satisfied that this constitutes not only good cause to amend the
schedule, but also grounds for possible sanctions, up to and including the dismissal of his
case.
Accordingly, plaintiff may have 14 days to respond to the motion to amend the
schedule. His response should also show good grounds as to why the court should not
impose sanctions. Plaintiff may also wish to consider retaining counsel to represent him

in this matter going forward.1
ORDER
IT IS ORDERED that plaintiff shall (1) respond to the motion for extension of
the dispositive motion deadline not later than July 30, 2014; and (2) as part of that
response, plaintiff shall show cause why sanctions should not be imposed up to and
including dismissal of his lawsuit.
Entered this 16th day of July, 2014.
BY THE COURT:
/s/
________________________________________
William M. Conley
District Judge

Plaintiff may find a specialist in employment discrimination cases through a google search or on
the Wisconsin State Bar website: http://www.wisbar.org/Pages/BasicLawyerSearch.aspx.
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