Jackson v. Birmingham, Alabama, City of et al

Filing 10

MOTION to Compel by Birmingham Library Board, The, Birmingham, Alabama, City of. (Fullerton, Frederic)

FILED
2012 May-18 AM 08:29
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
KAREN JACKSON,
Plaintiff,
v.
CITY OF BIRMINGHAM, et al.,
Defendants.

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CIVIL ACTION NO.
CV-11-2632-LSC
OPPOSED

DEFENDANTS’ MOTION TO COMPEL PLAINTIFF TO RESPOND TO
INTERROGATORIES AND REQUEST FOR PRODUCTION

The Defendants, the City of Birmingham (“City”), Alabama, a municipal
corporation existing under the laws of the State of Alabama and the Birmingham
Library Board (“Board”), by and through their attorney of record, moves this
Honorable Court for an Order compelling the Plaintiff, Karen Jackson, to provide
response to Interrogatories and Request for Production within three (3) days
pursuant to Rules 30 and 37 of the Federal Rules of Civil Procedure. As grounds
for said motion, the Defendants state as follows:
1.

Pursuant to Section IV, Motion Practice, Subsection B of the Uniform Order
(Doc. 7), the Defendants state that a resolution to the discovery dispute can
be solved by the Plaintiff simply providing the outstanding discovery. As
described below, the Defendants have attempted to resolve this matter

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without the need for court intervention. The Defendants have no choice but
to bring this ongoing matter to the Court’s attention and request that the
Court intervene.
2.

On February 17, 2012, the Defendants served on Plaintiff Interrogatories and
Request for Production in the above styled case. The Plaintiff failed to
respond within thirty (30) days – March 18, 2012.

3.

Federal Rule of Civil Procedure 33(b)(3) requires that answers and
objections to interrogatories be served within thirty days after service of the
interrogatories. Federal Rule of Civil Procedure 33(b)(4) provides that any
grounds for objections not state within the time required are waived. Thus,
by failing to answer or object within thirty days, the plaintiff has waived
their right to object or respond to any of the interrogatories or production
requests.

4.

On April 10, 2012, the Defendants forwarded to Plaintiff’s counsel a letter
requesting the responses to such discovery without the need for Court
intervention. The Plaintiff provided no response.

5.

On May 8, 2012, the Plaintiff via email stated that he would have discovery
responses “no later than Monday.” [i.e. May 14, 2012]. As of today, May
18, 2012, the Plaintiff has still failed to provide said discovery.

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6.

The Defendants have been denied discovery they are entitled to and that is
needed to defend said lawsuit.
WHEREFORE PREMISES CONSIDERED, the Defendants, City of

Birmingham and the Birmingham Library Board, seek the following relief:
1.

Order the Plaintiff, Karen Jackson, to responses to the outstanding
discovery within three (3) days of the date of the Court’s Order;

2.

Such other, further and different relief as may be appropriate under
Rule 30 and 37 of F.R.C.P.
Respectfully submitted,
/s/Fredric L. Fullerton, II
Fredric L. Fullerton, II
Chief Assistant City Attorney

City of Birmingham
Law Department
710 North 20th Street, Room 600
Birmingham, AL 35203
[phone]\[phone] (fax)
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing
document has been properly served with the Clerk of Court using the CM/ECF
system on May 18, 2012 which will send notification of such filing to the
following:
Adam P. Morel, Esq.
517 Beacon Parkway West
Birmingham, AL. 35209
/s/Fredric L. Fullerton, II
Of Counsel

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