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Tolefree v. Amerigroup Kansas, Inc.

United States District Court, D. Kansas

November 15, 2018

RONNISHA D. TOLEFREE, Plaintiff,
v.
AMERIGROUP KANSAS, INC. et al., Defendants.

          MEMORANDUM AND ORDER

          CARLOS MURGUIA, UNITED STATES DISTRICT JUDGE

         Plaintiff Ronnisha D. Tolefree filed this civil rights action through counsel on January 21, 2018. Despite being on file for nearly ten months, the case has progressed little. It took several times for the magistrate judge to successfully conduct a scheduling conference because of plaintiff s repeated failure to participate. After defense counsel and plaintiffs counsel exchanged several emails about extensions of time for deadlines, plaintiffs counsel indicated that she had not heard from her client recently. Plaintiff missed the extended deadline for providing discovery responses and a settlement demand. After emailing plaintiffs counsel and receiving no response, defendants filed a Motion to Dismiss or Compel Compliance with the Scheduling Order and Discovery (Doc. 20). But plaintiff did not timely respond to the motion. The court ordered plaintiff to show cause why the motion should not be granted as uncontested, and plaintiff again did not respond. The court now considers the motion without the benefit of a response by plaintiff.

         Case History

         The following timeline represents a brief summary of plaintiff s participation in this case (or lack thereof):

January 21, 2018: Plaintiff filed the instant case.
April 12, 2018: The court entered an Initial Order Regarding Planning and Scheduling, ordering the parties to confer on or before June 7, 2018 and to submit the parties' planning report by June 14, 2018.
June 14, 2018: The parties were supposed to confer on the planning report by phone, but plaintiffs counsel failed to appear for the scheduled call.
June 27, 2018: After several attempts to reach plaintiffs counsel, defense counsel was successful, and the parties were able to confer.
June 28, 2018: Plaintiffs counsel did not appear for the initial scheduling conference. It was reset for July 26, 2018. It appears that the court was unable to reach plaintiffs counsel for the rescheduled conference, so the conference was again rescheduled for August 9, 2018.
August 9, 2018: Plaintiff s counsel indicated that she would be withdrawing and new counsel would be entering an appearance. But she still agreed to the deadlines in the Scheduling Order.
August 14, 2018: The court entered the Scheduling Order, ordering plaintiff to make a settlement proposal by August 30. The parties were to mediate by October 5, and discovery is to close December 7.
August 24, 2018: Plaintiff s counsel emailed defense counsel, indicating she would need an indefinite extension of time on discovery and the settlement offer. Defense counsel asked how much time, but plaintiff did not respond. Defense counsel asked again on September 11, and said that he would grant an extension until September 14.
• September 13, 2018: Plaintiffs counsel responded, indicating that she had not been able to contact her client, and seeking an extension through September 28. Defense counsel agreed, but said it was the final extension and he ...

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