DAVID C. KEESLER, Magistrate Judge.
On September 7, 2016, the undersigned issued an "Order" (Document No. 154) granting "Plaintiff Randolph A. Watterson's Motion To Compel Discovery" (Document No. 150) and requiring Defendant Green to provide complete discovery responses to Plaintiff on or before September 12, 2016. The Court specifically noted that Defendant Jason Green had failed to even respond to the motion to compel. (Document No. 154). In addition, the Court observed that Plaintiff's motion indicated that Defendant Green's counsel had previously represented that discovery responses would be provided no later than August 19, 2016.
On September 23, 2016, Plaintiff filed his "Motion For Sanctions Against Defendant Green" (Document No. 157) arguing that Defendant Green had failed to provide discovery responses as ordered by the Court. On October 25, 2016, the undersigned denied Plaintiff's "Motion For Sanctions Against Defendant Green" (Document No. 157), without prejudice. (Document No. 175). The Court then provided Defendant Green "one more opportunity to provide full and complete discovery responses to Plaintiff Randolph A. Watterson." (Document No. 175, p.3). Defendant Green was ordered to provide discovery responses by November 1, 2016.
On November 3, 2016, Defendant Green's "Notice Of Service" (Document No. 180) was filed with the Court verifying "that complete discovery responses have been served upon Plaintiff Randolph A. Watterson on or before 11/1/16." Notably, Defendant's Green's "Notice..." does not attach any evidence of service.
Plaintiff Randolph A. Watterson's "...Motion For Sanctions And Default Judgment Against Defendant Green" (Document No. 181) was apparently drafted on or about November 1, 2016, and was received by the Court and docketed on November 4, 2016. By this latest motion for sanctions, Plaintiff contends that as of November 1, 2016, he had not received the discovery responses from Defendant Green as ordered by the Court. (Document No. 181, p.3) (citing Document No. 175). Plaintiff's motion cites "the Avery-Mitchell Correctional Institution[']s Legal Mail Log-Book Maintained By D.P.S. Mailroom Supervisor Mr. Weese," but Plaintiff apparently failed to include the cited "Exhibit #1."
On or about November 14, 2016, the Court received a letter from Plaintiff stating that, contrary to Defendant Green's "Notice...," as of November 9, 2016, he had still not received Jason Green's discovery responses. (Document No. 185). Plaintiff further states that the prison mailroom could verify that he did not receive any legal mail from Defendant Green's counsel as alleged in the "Notice Of Service" (Document No. 180).
Defendant Green then filed a "Response In Opposition To Motion For Sanctions" (Document No. 186) on November 21, 2016. Defendant argues that he should not be sanctioned for failure to provide discovery and that he "has in fact attempted to provide Discovery to the Plaintiff in a timely manner." (Document No. 186, p.3).
As an initial matter, the undersigned finds that it was premature for pro se Plaintiff to file the pending motion on the date the discovery responses were due.
Defendant Green's filings offer little, if any, help in determining when he mailed his discovery responses to Plaintiff.
Based on the foregoing, the undersigned will once again direct Defendant Green to provide his full and complete discovery responses to Plaintiff Randolph A. Watterson. Defendant Green's counsel shall send the discovery responses by
Defendant Green shall file a "Notice Of Service" with this Court stating the date the discovery was sent, and providing a copy of the mailing envelope, as well as evidence that the discovery was sent by certified mail, by
The Court will deny the pending motion without prejudice; however, the Court will seek copies of relevant mail room logs from the Avery/Mitchell Correctional Institution. If the Court finds evidence that is inconsistent with the parties' filings discussed herein, the Court may reconsider the matter of sanctions against either party.