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Hillery v. Dick Baird, Inc., 6:18-cv-1506-Orl-37TBS. (2019)

Court: District Court, M.D. Florida Number: infdco20190123a91 Visitors: 7
Filed: Jan. 22, 2019
Latest Update: Jan. 22, 2019
Summary: ORDER THOMAS B. SMITH , Magistrate Judge . This case comes before the Court without a hearing on Plaintiff's Motion to Compel Defendant's Responses to Plaintiff's First Set of Requests for Production of Documents (Doc. 71). Plaintiff Catha B. Hillery sues Defendants Dick Baird, Inc., Santander Consumer USA, Inc., and Evans J. Bacon, III for damages she allegedly incurred after purchasing a motor vehicle from Dick Baird (Doc. 4). Dick Baird has filed a motion to dismiss (Doc. 27) and Santa
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ORDER

This case comes before the Court without a hearing on Plaintiff's Motion to Compel Defendant's Responses to Plaintiff's First Set of Requests for Production of Documents (Doc. 71).

Plaintiff Catha B. Hillery sues Defendants Dick Baird, Inc., Santander Consumer USA, Inc., and Evans J. Bacon, III for damages she allegedly incurred after purchasing a motor vehicle from Dick Baird (Doc. 4). Dick Baird has filed a motion to dismiss (Doc. 27) and Santander has filed a motion to compel arbitration and a motion to dismiss (Doc. 47). The Court has not ruled on these motions. On November 12, 2018, Plaintiff propounded her first set of requests for production to Dick Baird (Doc. 71, ¶ 3). Dick Baird has not responded to the requests. He has not sought an extension of time to respond, and he did not file a motion for protective order. What Dick Baird did was file a motion to stay discovery based upon the pending motion to compel arbitration and the motions to dismiss (Doc. 46).

A party upon whom a request for production is served has 30 days to respond. FED. R. CIV. P. 34(b)(2)(A). "[T]he response must either state that inspection and related activities will be permitted as requested or state with specificity the grounds for objecting to the request, including the reasons." FED. R. CIV. P. 34(b)(2)(B). In the alternative, a party may file a motion for a protective order "to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense . . ." FED. R. CIV. P. 26(c)(1). Dick Baird has not cited any legal authority for the proposition that an unresolved motion to stay discovery excuses a party from its Rule 34 obligations.

Now, the motion to compel is GRANTED. Dick Baird has 14 days from the rendition of this Order to fully respond to Plaintiff's requests for production. Copies furnished to Counsel of Record

DONE and ORDERED.

Source:  Leagle

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