Filed: Nov. 04, 2019
Latest Update: Nov. 04, 2019
Summary: ORDER EMBRY J. KIDD , Magistrate Judge . This cause comes before the Court on Plaintiff's Motion to Compel Post-Judgment Discovery (hereinafter "Motion") against Defendant SJ Wathen Bloomington LLC, filed September 10, 2019. (Doc. 374.) To date, Defendant has neither responded in opposition nor requested an extension of time to file a response. 1 Accordingly, the Court will treat Plaintiff's Motion as unopposed. See Doc. 52 at 6; see also Deutsche Bank Nat'l Trust Co. v. Kessous, et al.
Summary: ORDER EMBRY J. KIDD , Magistrate Judge . This cause comes before the Court on Plaintiff's Motion to Compel Post-Judgment Discovery (hereinafter "Motion") against Defendant SJ Wathen Bloomington LLC, filed September 10, 2019. (Doc. 374.) To date, Defendant has neither responded in opposition nor requested an extension of time to file a response. 1 Accordingly, the Court will treat Plaintiff's Motion as unopposed. See Doc. 52 at 6; see also Deutsche Bank Nat'l Trust Co. v. Kessous, et al.,..
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ORDER
EMBRY J. KIDD, Magistrate Judge.
This cause comes before the Court on Plaintiff's Motion to Compel Post-Judgment Discovery (hereinafter "Motion") against Defendant SJ Wathen Bloomington LLC, filed September 10, 2019. (Doc. 374.) To date, Defendant has neither responded in opposition nor requested an extension of time to file a response.1 Accordingly, the Court will treat Plaintiff's Motion as unopposed. See Doc. 52 at 6; see also Deutsche Bank Nat'l Trust Co. v. Kessous, et al., No. 6:15-cv-1437-Orl-41TBS, 2016 WL 1408094, at *1 (M.D. Fla. Mar. 21, 2016) (citing cases); Schloetzer v. Total Marketing Concepts "TMC", No. 6:13-cv-957-Orl-37KRS, 2014 WL 2441849, at *1 (M.D. Fla. May 30, 2014).
Federal Rule of Civil Procedure 69(a)(2) provides: "In aid of the judgment or execution, the judgment creditor . . . may obtain discovery from any person . . . ." By failing to respond to the post-judgement interrogatories or requests for production, Defendant has waived any objections. See Siddiq v. Saudi Arabian Airlines Corp., No. 6:11-CV-69-ORL-19GJK, 2011 WL 6936485, at *3 (M.D. Fla. Dec. 7, 2011) (citing the Handbook on Civil Discovery Practice in the United States District Court for the Middle District of Florida).
Accordingly, it is ORDERED as follows:
1. Plaintiff's Motion is GRANTED:
a. On or before November 25, 2019, SJ Wathen Bloomington LLC is hereby ORDERED to serve (a) verified answers to Plaintiff's post-judgment interrogatories 1-25 and (b) responses, including document production, to Plaintiff's post-judgment requests for production of documents 1-16.
b. Defendant SJ Wathen Bloomington LLC is ORDERED to pay Plaintiff's reasonable attorney's fees for bringing the subject Motion. See Fed. R. Civ. P. 37(a)(5)(A). If the parties cannot agree on an attorney's fee amount, Plaintiff may bring another motion to determine the fee amount.
DONE and ORDERED.
