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Jefferson v. Amsted Rail Company, Inc., 18-2620-KHV. (2019)

Court: District Court, D. Kansas Number: infdco20190627a20 Visitors: 9
Filed: Jun. 26, 2019
Latest Update: Jun. 26, 2019
Summary: ORDER JAMES P. O'HARA , Magistrate Judge . Defendant has filed a motion to compel plaintiff's responses to interrogatories, requests for production of documents, and requests for admission, all served on April 4, 2019 (ECF No. 28). Plaintiff filed a certificate of service on June 14, 2019, indicating that she had served discovery responses, though it was unclear from the filing which responses were served (ECF No. 29). On June 26, 2019, defense counsel confirmed via telephone that plaintif
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ORDER

Defendant has filed a motion to compel plaintiff's responses to interrogatories, requests for production of documents, and requests for admission, all served on April 4, 2019 (ECF No. 28). Plaintiff filed a certificate of service on June 14, 2019, indicating that she had served discovery responses, though it was unclear from the filing which responses were served (ECF No. 29). On June 26, 2019, defense counsel confirmed via telephone that plaintiff had provided responses to the interrogatories and requests for admission. Defense counsel has reached out to plaintiff regarding deficiencies in those responses.

Plaintiff has not, however, provided responses to the requests for production of documents. Under the time requirements set forth in D. Kan. Rule 6.1(d), any response to the motion to compel was due on June 25, 2019. No timely opposition has been filed. D. Kan. Rule 7.4(b) provides, "If a responsive brief or memorandum is not filed within the D. Kan. Rule 6.1(d) time requirements, the court will consider and decide the motion as an uncontested motion. Ordinarily, the court will grant the motion without further notice." The court therefore grants defendant's unopposed motion in part, related to the requests for production of documents. On or before July 10, 2019, plaintiff is directed to produce responses to defendant's requests for production of documents. Defendant's additional requests are denied as moot, in light of plaintiff's June 14, 2019 discovery responses; if the parties aren't able to resolve any perceived deficiencies in plaintiff's interrogatory answers or her responses to defendant's requests for admissions, then defendant may re-file its motion to compel.

IT IS SO ORDERED.

Source:  Leagle

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