ERIN WILDER-DOOMES, Magistrate Judge.
Before the Court is a Motion to Compel, filed by defendant, GEICO General Insurance Company (in its capacity as uninsured motorist carrier)("GEICO General").
For the reasons that follow, the Motion to Compel is
This suit arises out of a December 12, 2015 motor vehicle accident. Plaintiffs allege that while they were passengers in a vehicle operated by Sylvia Childs ("Childs"), Plaintiffs were injured when Childs changed lanes and struck a "dual tire and hub assembly resting in the middle of the road," which impact "caused the vehicle to flip, skid down the interstate and come to rest upside down on Interstate 10."
In the instant Motion, GEICO General asserts that it propounded Interrogatories and Requests for Production of Documents on Plaintiffs on January 25, 2017.
GEICO General filed the instant Motion on June 1, 2017, seeking to compel Plaintiffs to provide responses to the outstanding discovery requests.
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.
Pursuant to Fed. R. Civ. P. 37(a)(5)(A), 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." See also, Nguyen v. Louisiana State Board of Cosmetology, Civ. Action 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.").
GEICO General has met its burden of proving that the Motion to Compel should be granted. GEICO General's requests seek information regarding Plaintiffs' injuries allegedly sustained and damages incurred, the accident, Plaintiff's involvement in prior accidents that caused injury, health information, other insurance, and matters related to the witnesses to be called and documents to be used as exhibits at trial. The requests also seek to have Plaintiff execute releases for tax returns, medical records, employment records and social security disability records, as well as information regarding Plaintiff's use of social media. The information sought is relevant to this action. GEICO General submitted documentation showing that it propounded Interrogatories and Requests for Production on the Plaintiffs on January 25, 2017.
Because GEICO General's Motion to Compel is granted, an award of reasonable expenses is required under Fed. R. Civ. P. 37(a)(5)(A). Plaintiffs were given an opportunity to respond to GEICO General'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. As noted above, GEICO General has not asserted a specific amount of expenses it contends would be reasonable, nor has it submitted evidence of the amount of expenses 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, Doucet v. Dormont Manufacturing Co., Civ. Action 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."); Rivera v. Martin J. Donnelly Antique Tools, Civ. Action 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.").
The discovery at issue is relevant and GEICO General has presented evidence to establish that Plaintiffs failed to timely respond to the requests. Accordingly, GEICO General Insurance Company's Motion to Compel,