Cox v. Arcellor Mittal et al
||Mary Lynn Gargas-South, Gerald Cook, Joseph Medellin and Arcellor Mittal
||March 1, 2013
||Indiana Northern District Court
||Paul R Cherry
||Robert L Miller
|Nature of Suit:
|Cause of Action:
||29:2601 Family and Medical Leave Act
|Jury Demanded By:
Available Case Documents
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|Date Filed||#||Document Text|
|November 19, 2014
OPINION AND ORDER denying 39 Motion to Reopen Discovery and denying defendant's 40 Motion to Dismiss and, instead of dismissing the case, ORDERS Mr Cox shall make himself available for his deposition at such time and date as the attorneys f ind convenient, but in no event more than fourteen days from the date of this order. Failure to comply will result in dismissal of the case under Federal Rules of Civil Procedure 41(b) and 37(b)(2). Also within fourteen days of the date of this ord er, the defendants shall file with the court a statement of expenses incurred (including attorney fees for attendance) with respect to the attempted depositions on May 22, July 11, and August 22, 2014. The plaintiff shall have fourteen days from the date of that filing to show cause why the court should not order Mr. Cox to reimburse the defendants for those expenses pursuant to Federal Rule of Civil Procedure 37(d)(1)(A)(i). Signed by Judge Robert L Miller, Jr on 11/19/2014. (rmn)
|January 22, 2015
OPINION AND ORDER granting 47 Motion to Dismiss pursuant to Federal Rules of Civil Procedure 37(b), 37(d), and 41(b); grants the defendants motion for sanctions 46 and ORDERS, pursuant to Federal Rule of Civil Procedure 37(d), that Mr. Cox reimbu rse the defendants for their expenses and fees in thesum of $1,066.32; DENIES as moot the defendants motion for stay ofscheduling deadlines 49 ; VACATES the pretrial conference set for May 18, 2015 and the trial date of June 1, 2015; and ORDERS this action DISMISSED with prejudice. Signed by Judge Robert L Miller, Jr on 1/22/2015. (rmn)
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