Filed: Nov. 16, 2018
Latest Update: Nov. 16, 2018
Summary: ORDER GRANTING AS UNOPPOSED DEFENDANT CREDIT BUREAU OF YPSILANTI'S MOTION TO COMPEL DISCOVERY RESPONSES (DE 12) ANTHONY P. PATTI , Magistrate Judge . Currently before the Court is Defendant Credit Bureau of Ypsilanti's October 30, 2018 motion to compel discovery responses, which has been referred to me. (DEs 12, 13.) According to the motion, on August 23, 2018, counsel for Defendant served on Plaintiff its first requests for production and interrogatories. (DE 12, 12-1.) 1 Defendants twi
Summary: ORDER GRANTING AS UNOPPOSED DEFENDANT CREDIT BUREAU OF YPSILANTI'S MOTION TO COMPEL DISCOVERY RESPONSES (DE 12) ANTHONY P. PATTI , Magistrate Judge . Currently before the Court is Defendant Credit Bureau of Ypsilanti's October 30, 2018 motion to compel discovery responses, which has been referred to me. (DEs 12, 13.) According to the motion, on August 23, 2018, counsel for Defendant served on Plaintiff its first requests for production and interrogatories. (DE 12, 12-1.) 1 Defendants twic..
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ORDER GRANTING AS UNOPPOSED DEFENDANT CREDIT BUREAU OF YPSILANTI'S MOTION TO COMPEL DISCOVERY RESPONSES (DE 12)
ANTHONY P. PATTI, Magistrate Judge.
Currently before the Court is Defendant Credit Bureau of Ypsilanti's October 30, 2018 motion to compel discovery responses, which has been referred to me. (DEs 12, 13.)
According to the motion, on August 23, 2018, counsel for Defendant served on Plaintiff its first requests for production and interrogatories. (DE 12, 12-1.)1 Defendants twice extended the deadline for Plaintiff to respond to these discovery requests, but Plaintiff failed to respond.
Defendant filed the instant motion to compel on October 30, 2018, seeking an order compelling Plaintiff to respond to the requests for production and interrogatories. (DE 12.) "A response to a nondispositive motion must be filed within 14 days after service of the motion." E.D. Mich. LR 7.1(e)(2)(B). Thus, in the absence of a scheduling order stating otherwise, Plaintiff's response to Defendant's October 30, 2018 motion (DE 12) would have been due on or about November 13, 2018. See Fed. R. Civ. P. 6(a), 6(d). To date, Plaintiff has not responded to Defendant's motion.
The local court rules of the Eastern District of Michigan required Plaintiff to file a response if he wished to oppose Defendant's motion to compel. See E.D. Mich. LR 7.1(c)(1) ("A respondent opposing a motion must file a response, including a brief and supporting documents then available.") (emphasis added). Opposition to a motion is deemed waived if the responding party fails to respond or otherwise oppose the motion. See Humphrey v. United State Attorney General's Office, 279 F. App'x 328, 331 (6th Cir. 2008). Because Plaintiff has not responded to Defendant's motion to compel discovery responses, Defendant's motion can and will be construed as unopposed.
Accordingly, Defendant's motion to compel discovery responses is GRANTED as unopposed, and Plaintiff must respond to Defendant's First requests for production and interrogatories, and produce all responsive documents, by MONDAY, NOVEMBER 26, 2018. All objections are deemed waived. To the extent that any requests to admit within the discovery requests at issue have not been already been responded to, they are deemed admitted, pursuant to Fed. R. Civ. P. 36(a)(3). Finally, costs and attorney fees are awarded to Defendant pursuant to Fed. R. Civ. P. 37(a)(5)(A), in pursuit of which Defendants' counsel may file a statement of costs and attorney fees within 5 calendar days of this Order, and in response to which Plaintiff may file specific objections within 5 days thereafter.
IT IS SO ORDERED.
