Davis v. City of Marion

Filing 17

ORDER granting 15 Motion to Compel Discovery. Defendant to answer and produce as requested on or before 2/27/09. If attorney's fees and costs are claimed, an accounting shall be submitted by affidavit to the Court within ten days of the date of this Order. Any objection to the claimed expenses should be filed with the Court within five days of service of the affidavit. Signed by Magistrate Judge Bert W. Milling, Jr on 2/17/09. (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION CYNTHIA Y. DAVIS, Plaintiff, vs. CITY OF MARION, Defendant. : : : : : : : : : ORDER On February 4, 2009, Plaintiff filed a Motion to Compel Discovery and Memorandum in Support of Her Motion to Compel (Doc. 15). Since more than eleven days have elapsed and Defendant has

CIVIL ACTION 08-0436-KD-M

filed no response or objection thereto, Defendant is hereby held to waive objection to the motion. (See paragraph 10(c) of the

Court's Rule 16(b) Scheduling Order dated October 22, 2008 (Doc. 11).) After consideration of the motion, it is GRANTED and

Defendant is ORDERED to answer and produce as requested on or before February 27, 2009. This appears to be an appropriate case under Rule 37, Fed.R.Civ.P., for the reimbursement of moving party's attorney's fees and costs. If they are claimed, an accounting shall be

submitted by affidavit to the Court within ten days of the date of this Order. Any objection to the claimed expenses should be

filed with the Court within five days of service of the

affidavit. DONE this 17th day of February, 2009. s/BERT W. MILLING, JR. UNITED STATES MAGISTRATE JUDGE