ERIN WILDER-DOOMES, Magistrate Judge.
Before the Court is a Motion to Compel Discovery Responses, filed by defendant, Westfield Insurance Company ("Westfield").
For the reasons that follow, the Motion to Compel is
This suit arises out of a November 11, 2015 motor vehicle accident. Plaintiff alleges that he was injured when his vehicle was rear-ended by an 18-wheeler operated by defendant, James Shearer, which pushed Plaintiff's vehicle into a third vehicle.
In the instant Motion, Westfield asserts that it propounded Interrogatories and Requests for Production of Documents on Plaintiff by email and United States Mail on May 4, 2017.
Under the Federal Rules of Civil Procedure, parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Fed. R. Civ. P. 26(b)(1). Federal Rules of Civil Procedure 33 and 34 provide that a party upon whom interrogatories and requests for production of documents have been served shall serve a copy of the answers, and objections if any, to such discovery requests within thirty (30) days after the service of the requests. Fed. R. Civ. P. 33(b)(2) and 34(b)(2)(A). A shorter or longer time may be directed by court order or agreed to in writing by the parties. Id.
Further, if a motion to compel is granted, "the court must, after giving an opportunity to be heard, require the party or deponent whose conduct necessitated the motion, the party or attorney advising that conduct, or both to pay the movant's reasonable expenses incurred in making the motion, including attorney's fees." Fed. R. Civ. P. 37(a)(5)(A); See also, Nguyen v. Louisiana State Board of Cosmetology, Civ. A. No. 14-80-BAJ-RLB, 2016 WL 67253, at *3 (M.D. La. Jan. 5, 2016) ("Because the Court has granted Defendant's Motion to Compel and no exceptions apply, Defendant is entitled to an award of reasonable expenses, including attorney's fees.").
Westfield has met its burden of proving that the Motion to Compel should be granted. Westfield's discovery requests seek information regarding Plaintiff's injuries allegedly sustained and damages incurred, the accident, health information, Plaintiff's employment, Plaintiff's involvement in other motor vehicle accidents, including subsequent accidents that caused injury, and matters related to the witnesses to be called and the documents to be used at trial. The discovery requests also seek to have Plaintiff execute releases for tax returns, medical records, employment records and social security disability records, as well as cellular phone records. The information sought is relevant to this action. Westfield submitted documentation showing that it propounded Interrogatories and Requests for Production on May 4, 2017 by email and United States Mail.
Because Westfield's Motion to Compel is granted, an award of reasonable expenses is required under Fed. R. Civ. P. 37(a)(5)(A). Plaintiff was given an opportunity to respond to Westfield's request for fees, but failed to file an opposition. Nonetheless, "the fee applicant bears the burden of establishing entitlement to an award and documenting the appropriate hours expended and hourly rates." Nguyen, supra, 2016 WL 67253, at *3. Westfield has not asserted a specific amount of attorney's fees it contends would be reasonable, nor has it submitted evidence of the amount of attorney's fees incurred. In such a circumstance, the undersigned finds an award of $500.00 is reasonable and in keeping with the amounts awarded by other judges in this district for similar motions. See, Clark v. GEICO Gen. Ins. Co., Civ. A. No. 16-862-SDD-EWD, 2017 WL 2957813, at *3 (M.D. La. July 11, 2017) (finding an award of $500 reasonable where defendant did not claim a specific amount of expenses incurred in filing the motion to compel); Rivera v. Martin J. Donnelly Antique Tools, Civ. A. No. 14-667-JWD-SCR, 2015 WL 6872506, at *3 (M.D. La. Nov. 9, 2015) ("Plaintiff has not demonstrated any circumstances which would make an award of expenses to the defendant unjust. Defendant did not submit anything to establish a specific amount of expenses incurred in filing this motion. A review of the motion papers supports finding that an award of $500.00 is reasonable."); Doucet v. Dormont Manufacturing Co., Civ. A. No. 13-251-SDD-SCR, 2014 WL 2434472, at *4 (M.D. La. May 29, 2014) ("Defendant did not claim a specific amount of expenses incurred in filing its motion. However, a review of the motion and memoranda supports the conclusion that an award of $450.00 is reasonable.").
The discovery at issue is relevant and Westfield has presented evidence to establish that Plaintiff failed to timely respond to the requests. Accordingly, Westfield Insurance Company's Motion to Compel Discovery Responses