8 February 1998
Source: William Payne
See related files: http://jya.com/whpfiles.htm
FILED
UNITED STATES DISTRICT COURT
ALBUQUERQUE, NEW MEXICO
January 28, 1998
Robert M. Marsh
CLERK
US District Court
|
| Case: | 97cv00266 |
| Title: | Payne v. Minihan |
| Document Type: | Order |
| Document Number: | 37 |
| Description: | ORDER by Magistrate Judge Don J. Svet striking Plaintiff's First Set of Request for Admissions |
| Total Pages: | 2 |
| Exhibits/Attachment: | 0 |
| Court Signature: | 1b 38 6f 51 09 89 7c 36 56 f5 dc 31 ea f0 f2 f1 df a7 56 23 24 07 37 a5 5d 89 f9 62 34 bd 35 0b e7 7d 90 47 36 0e 50 f4 68 61 a1 2c 6a b3 9d a6 87 b2 eb 33 a9 aa 2d 1d 00 92 75 a4 34 98 c3 f1 |
| This document constitutes an official stamp of the Court and, if attached
to the document identified above, serves as an endorsed copy of the pleading. It may be used in lieu of the Court's mechanical file stamp for the named document only, and misuse will be treated the same as misuse of the Court's official mechanical file stamp. The Court's digital signature is a verifiable mathematical computation unique to the filed document and the Court's private encryption key. This signature assures that any change can be detected. |
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
WILLIAM H. PAYNE et al.,
Plaintiffs,
v. CIV. NO. 97-266 SC/DJS
LT. GEN. KENNETH A. MINIHAN,
USAF Director, National Security
Agency,
Defendant.
ORDER
THIS MATTER comes before the Court on Defendant's Motion and
Memorandum to Strike any and all of Plaintiffs' First Set of
Requests for Admissions to Various Employees of the National
Security Agency and to Various Employees of Sandia National
Laboratory filed October 23, 1997. Plaintiffs responded on
November 5, 1997. Defendant's Motion is well taken and shall be
granted.
Plaintiffs' attempt at discovery violates this Court's Order
entered June 11, 1997. On June 11, 1997 this Court ordered that
any proposed discovery must be approved by the Court. The
Plaintiffs did not submit this proposed discovery to the Court.
Further, Plaintiffs did not seek to take discovery prior to the
discovery deadline. Finally, Plaintiffs, failed to serve counsel
for the Defendant and instead served General Minihan. This
violates Fed.R.Civ. 5.
The fact that Plaintiffs are pro se does not relieve them from
the burden of complying with court orders and rules of civil
procedure. Ogden v. San Juan County, 32 F.3d 452, 255 (10th Cir.
1994). Further, Plaintiffs flagrant disregard of this Court's
order warrants the imposition of sanctions pursuant to Fed.R.Civ.P.
37.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Defendant's
Motion to Strike [any] and all of Plaintiff's First Set of Requests for
Admissions to Various Employees of the National Security Agency and
to Various Employees of Sandia National Laboratory is granted.
IT IS FURTHER ORDERED THAT sanctions will be granted and
counsel for Defendant shall submit an affidavit outlining her costs
and fees in bringing this Motion within ten days of entry of this
Order. Plaintiffs may respond within ten days of service of
Defendant's affidavit.
FINALLY, IT IS ORDERED that Plaintiffs are not to communicate
with the opposing party who is represented by counsel.
[Signature]
DON J. SVET
UNITED STATES MAGISTRATE JUDGE
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Case: 97cv00266
William H Payne
13015 Calle de Sandias, NE
Albuquerque NM 87111
________________________________
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JUDGMENTS BY FACSIMILE TRANSMISSION
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with the ACE electronic filing project, is authorized under
D.N.M.LR-Civ.5.6 to transmit notice of entry of judgment or orders
by facsimile transmission in which the undersigned appears as
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Mail to: District Court, District of New Mexico
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Attn: ACEMaster
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