Here’s What Happens When You Don’t Follow Through on What You Said at a Status Conference

Aubrey v. Barlin, No. A-10-CV-076-SS, slip op. (W.D. Tex. Dec. 6, 2013)(Austin, M.J.)

In this order, Magistrate Judge Austin disposed of a series of discovery motions and other matters related to the plaintiffs’ filing of an amended complaint after a status conference at which they reported to Judge Sparks that little discovery remained to be done before trial.  Slip op. at 1-3.  The amended complaint added additional parties, precipitating disputes over the discovery directed at the new parties and new claims.  Id. at 3.  Noting that he had earlier recommended the amended complaint be stricken, Magistrate Judge Austin attempted to cabin discovery to the limitations agreed to before Judge Sparks at the status conference (the particulars involved denying the plaintiffs’ motion to compel, quashing a batch of plaintiff-issued subpoenas, granting a protective order, and assessing costs and fees against the plaintiffs).  Id. at 3-5.