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8 February 1998
Source: William Payne

See related files:



January 28, 1998
Robert M. Marsh

US District Court
District of New Mexico
Digital File Stamp

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.




     v.                                CIV. NO. 97-266 SC/DJS

USAF Director, National Security



     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

     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
YOU COULD HAVE RECEIVED THIS NOTICE YESTERDAY BY FAX. Just complete and return the authorization below and you will receive notice of orders and judgments within hours of their entry. It's free and it's FAST! Case: 97cv00266 William H Payne 13015 Calle de Sandias, NE Albuquerque NM 87111 ________________________________ AUTHORIZATION TO SEND ORDERS AND JUDGMENTS BY FACSIMILE TRANSMISSION The Clerk of Court for the District of New Mexico in conjunction 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 counsel of record. I understand that this facsimile notice will be in lieu of notice by mail. The following telephone number is dedicated for facsimile transmission. FAX Phone No: ____________________ Signature: ________________________ Attorney Name: ____________________________ Address: ______________________________________ ______________________________________ ______________________________________ Phone No: _______________________ Mail to: District Court, District of New Mexico PO Box 689 Albuquerque, New Mexico 87103 Attn: ACEMaster