United States District Court, D. Idaho
LYNN WINMILL U.S. DISTRICT COURT JUDGE
the Court are six motions. Although they are not fully
briefed, because five of the six motions are meritless or
untimely, the Court will, pursuant to Federal Rule of Civil
Procedure 1, address them now. The untimely or meritless
motions include Plaintiff's: (1) Motion to compel, Motion
to dismiss, Motion in limine (Dkt. 47); (2) Motion to
Terminate or limit (Dkt. 48); (3) Motion for Disqualification
(Dkt. 50); Motion for Correction of a Clerical Mistake (Dkt.
51); Motion for Summary Judgement pursuant to Rule 56(a)
(Dkt. 52). Also before the Court is Defendants' Motion to
Amend the Scheduling Order (Dkt. 53).
Plaintiff's “Motion to compel, Motion to dismiss,
Motion in limine” (Dkt. 47) is premature.
first motion asks the Court to order Defendants to
“disclose all evidence they plan to present to
substantiate their claims made in counterclaim.” Dkt.
47 at 2. In the alternative, Plaintiff seeks dismissal or a
motion in limine. Id. Pursuant to the Court's
Case Management Order and Federal Rule of Civil Procedure 26,
discovery is ongoing in this case. Plaintiff's request is
therefore premature. Plaintiff is reminded that he must serve
discovery requests on Defendants that are compliant with
Rules 33, 34, 35, and 36.
Plaintiff's Motion to Terminate or Limit (Dkt. 48) is
have noticed a deposition of Plaintiff for June 21, 2019.
See Dkt. 53-1 at 2. Plaintiff asks the Court to
preemptively terminate that deposition because it is
oppressive. See Dkt. 48 at 2. Plaintiff's
argument appears to be that he did not intend to serve as a
witness in pursuing his affirmative case thereby making
Defendants' request oppressive. That argument is
unpersuasive. Plaintiff has information that is relevant to
both his claim and Defendant's counterclaim. Accordingly,
Defendants are entitled to discover that information.
Plaintiff's Motion for Disqualification (Dkt. 50) is
also asks that I disqualify myself from this case because he
has “close personal and business dealings with …
[my] Nephew and his mother” in Sprague, Washington.
Plaintiff is clearly mistaken. To my knowledge, I have no
relatives living in the Sprague, Washington. Accordingly,
there is no reason to recuse myself from this case.
Plaintiff's Motion for Correction of a Clerical Mistake
(Dkt. 51) is meritless.
next motion asks the Court to order the Clerk of the Court to
enter default. Plaintiff's motion is meritless because
Defendants' Answer was timely filed.
Plaintiff's Motion for Summary Judgment (Dkt. 52) is
Plaintiff seeks summary judgment. This is the third time
Plaintiff has sought summary judgment in this case. Judge
Bush consolidated his consideration of Plaintiff's prior
summary judgment motions and denied them without prejudice.
Dkt. 19 at 8. Because discovery has not closed,
Plaintiff's motion is still premature. Accordingly, the
Court will deny the motion without prejudice. Once discovery
closes, Plaintiff may file a ...