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8 February 1998
Source: William Payne

See related files: http://jya.com/whpfiles.htm

FILED

UNITED STATES DISTRICT COURT
ALBUQUERQUE, NEW MEXICO
January 28, 1998
Robert M. Marsh
CLERK

### 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.

###

                   UNITED STATES DISTRICT COURT
                  FOR THE DISTRICT OF NEW MEXICO

    WILLIAM H. PAYNE et al.,

              Plaintiffs,

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

    LT. GEN. KENNETH A. MINIHAN,
    USAF Director, National Security
    Agency,

              Defendant.

                              ORDER

         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
    granted.

         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

    [End]