Filed: Feb. 02, 2017
Latest Update: Feb. 02, 2017
Summary: ORDER KATHERINE P. NELSON , Magistrate Judge . This action is before the Court on the motion to compel under Federal Rule of Civil Procedure 37(a) (Doc. 43) filed by Defendant USA Healthcare Management, LLC ("the Defendant"). 1 The Court has referred the motion (Doc. 43) to the undersigned Magistrate Judge for appropriate action under 28 U.S.C. 636(b)(1), Federal Rule of Civil Procedure 72, and S.D. Ala. GenLR 72(a). See S.D. Ala. GenLR 72(b); (1/13/2017 electronic reference). By prev
Summary: ORDER KATHERINE P. NELSON , Magistrate Judge . This action is before the Court on the motion to compel under Federal Rule of Civil Procedure 37(a) (Doc. 43) filed by Defendant USA Healthcare Management, LLC ("the Defendant"). 1 The Court has referred the motion (Doc. 43) to the undersigned Magistrate Judge for appropriate action under 28 U.S.C. 636(b)(1), Federal Rule of Civil Procedure 72, and S.D. Ala. GenLR 72(a). See S.D. Ala. GenLR 72(b); (1/13/2017 electronic reference). By previ..
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ORDER
KATHERINE P. NELSON, Magistrate Judge.
This action is before the Court on the motion to compel under Federal Rule of Civil Procedure 37(a) (Doc. 43) filed by Defendant USA Healthcare Management, LLC ("the Defendant").1 The Court has referred the motion (Doc. 43) to the undersigned Magistrate Judge for appropriate action under 28 U.S.C. § 636(b)(1), Federal Rule of Civil Procedure 72, and S.D. Ala. GenLR 72(a). See S.D. Ala. GenLR 72(b); (1/13/2017 electronic reference). By previous order, McConnell was told that, no later that January 27, 2017, she "must file and serve, in writing, any response she may wish to make to the Defendant's motion to compel showing cause why the motion should not be granted, and why she should not be ordered `to pay the [Defendant]'s reasonable expenses incurred in making the motion, including attorney's fees.' Fed. R. Civ. P. 37(a)(5)(A)." (Doc. 44). To date, McConnell has filed no response with the Court.2
Per the Court's scheduling order, any party served with interrogatories, requests for admission, or requests for production must respond to those discovery requests within 30 days of service. (See Doc. 40 at 5). Per the Defendants' representations in the present motion, McConnell was served with the Defendants' First Set of Interrogatories and Requests for Production on November 22, 2016, but has not served any responses to these discovery requests as of January 13, 2017, the date the motion was filed, despite the Defendant's repeated efforts to obtain responses and its agreement to extend the time for her to respond. McConnell offers nothing to rebut these representations.
"A party seeking discovery may move for an order compelling an answer, designation, production, or inspection ... if a party fails to answer an interrogatory submitted under Rule 33[] or a party fails to produce documents .... as requested under Rule 34." Fed. R. Civ. P. 37(a)(3)(B)(iii)-(iv). It being uncontested McConnell has failed to answer the Defendant's interrogatories and respond to its requests for production, the Defendant's motion to compel (Doc. 43) is GRANTED. McConnell must serve full responses to the Defendants' First Set of Interrogatories and Requests for Production in accordance with the Federal Rules of Civil Procedure, and file notice of doing so with the Court, no later than Friday, February 17, 2017. McConnell is given notice that her failure to comply with this discovery order will subject her to sanctions under Federal Rule of Civil Procedure 37(b)(2), which may include dismissal of this action.3
As McConnell was previously informed, if a Rule 37(a) motion to compel "is granted — or if the disclosure or requested discovery is provided after the motion was filed — the court must, after giving a reasonable opportunity to be heard, require the party ... whose conduct necessitated the motion ... to pay the movant's reasonable expenses incurred in making the motion, including attorney's fees." Fed. R. Civ. P. 37(a)(5)(A). The Defendant has expressly requested such sanctions in its motion. Similar sanctions may also be imposed for a party's "failure to obey a scheduling or other pretrial order[,]" as McConnell has done here by failing to respond to discovery requests within the time set by the scheduling order. See Fed. R. Civ. P. 16(f)(1)(C), (2).4
Upon consideration, the undersigned will STAY consideration of whether to award reasonable expenses under Rule 37(a)(5)(A) and/or 16(f)(2). In the event McConnell fails to comply with this discovery order, she will be subject to further sanctions of "reasonable expenses" under Federal Rule of Civil Procedure 37(b)(2)(C), and piecemeal litigation of various "reasonable expenses" awards would be inefficient for both the parties and the Court. Once it is determined whether McConnell is also to be subject to sanctions under Rule 37(b)(2)(C), the undersigned will set a briefing schedule as to all outstanding "reasonable expenses" awards.
The Clerk of Court is DIRECTED to send copies of this Order to McConnell via email at lizzetta.mcconnell@yahoo.com and via standard first-class U.S. mail at her address of record.