Fears v. Allen et al

Filing 21

ORDER granting 20 Motion to Compel. Plaintiff is directed to provide defendants with the required responses to the discovery requests by 5:00 p.m. on 4/30/10. If plaintiff fails to provide the discovery responses to defendants, the court should b e notified by the filing of a motion to dismiss. As defendants need the discovery responses to file their summary judgment motion, defendants are given until 5/14/10 to file their summary judgment motion. Signed by Honorable James R. Marschewski on April 7, 2010. (lw)

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IN THE UNITED STATES DISTRICT COURT WE S T E R N DISTRICT OF ARKANSAS FO R T SMITH DIVISION A N T O N Y DEAN FEARS v. C iv il No. 09-2096 PLAINTIFF MIKE ALLEN, Sheriff, Crawford County, Arkansas; CAPTAIN MIKE MARVIN, Crawford County Detention Center; LT. VENA CUPP, Crawford County Detention Center; and CPL. MATHEW LANGLEY, C raw fo rd County Detention Center D E FE N D A N T S ORDER O n March 19, 2010, defendants filed a motion to compel answers to discovery requests (D o c. 20). Defendants state they propounded interrogatories and requests for production of d o cu m en ts to the plaintiff on October 21, 2009. To date, defendants state they have not received p lain tiff's responses or any communication from the plaintiff regarding his responses. Plaintiff has n o t responded to the motion to compel. Under the Federal Rules of Civil Procedure, plaintiff had thirty (30) days to respond to the discovery requests. Fed. R. Civ. P. 33(b)(3) & 34(b). Plaintiff did not request an extension of time to respond to the discovery requests. Therefore, plaintiff has failed to respond in the time provided by law. Accordingly, defendants' motion to compel (Doc. 20) is granted. Plaintiff is directed to provide defendants with the required responses to the discovery requests by 5:00 p.m. on April 30, 2010. If plaintiff fails to provide the discovery responses to defendants, the court should be -1- AO72A (Rev. 8/82) notified by the filing of a motion to dismiss. As defendants need the discovery responses to file their summary judgment motion, defendants are given until May 14, 2010, to file the summary judgment motion. IT IS SO ORDERED this 7th day of April 2010. /s / J. Marschewski HON. JAMES R. MARSCHEWSKI CHIEF UNITED STATES MAGISTRATE JUDGE -2- AO72A (Rev. 8/82)

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