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Tolefree v. Amerigroup Kansas, Inc.
United States District Court, D. Kansas
November 15, 2018
RONNISHA D. TOLEFREE, Plaintiff,
AMERIGROUP KANSAS, INC. et al., Defendants.
MEMORANDUM AND ORDER
MURGUIA, UNITED STATES DISTRICT JUDGE
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.
following timeline represents a brief summary of plaintiff s
participation in this case (or lack thereof):
• January 21, 2018: Plaintiff filed the
• 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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