Gilbreath et al v. Sunbeam Products, Inc.
ORDER GRANTING 22 Motion to Compel. Plaintiffs are to respond to Defendant's discovery requests by 5:00 p.m. on August 7, 2013. Defendant is directed to file an affidavit in regard to fees and expenses by July 31, 2013. Refer to the order for further court requirements. Signed by Honorable P. K. Holmes, III on July 24, 2013. 22 Motion to Appoint Receiver TERMINATED - filed in error. (jas)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
GLEN GILBREATH and
Case No. 2:12-CV-02142
SUNBEAM PRODUCTS, INC.
Currently before the Court is Defendant Sunbeam Products, Inc.’s (“Sunbeam”) Motion to
Compel (Doc. 22) and brief in support (Doc. 23). Sunbeam seeks an order compelling Plaintiffs
Glen Gilbreath and Darla Gilbreath (the “Gilbreaths”) to respond to Sunbeam’s second set of
interrogatories and requests for production, and to produce certain documents identified during the
depositions of the Gilbreaths.
Sunbeam served a second set of interrogatories and requests for production of documents on
the Gilbreaths on January 8, 2013. Despite a good-faith effort to obtain responses without the
necessity of Court action, to date, the Gilbreaths have not responded to Sunbeam’s discovery
Pursuant to Federal Rules of Civil Procedure 33(b)(2) and 34(b)(2)(A), the Gilbreaths had
30 days to respond to Sunbeam’s discovery requests. Using the rules for computing time set forth
by Federal Rule of Civil Procedure 6, the Gilbreaths’ responses were therefore due on February 7,
2013. Sunbeam’s counsel sent counsel for the Gilbreaths a letter on March 14, 2013, seeking
responses within ten days of the date of the letter. An email communication from the Gilbreaths’
counsel’s office confirmed receipt of the letter on March 15, 2013, and informed Sunbeam’s counsel
that the discovery had been provided to the Gilbreaths and that it was hoped the responses would
be provided in the near future. Sunbeam’s counsel sent another letter on May 2, 2013, which
mentioned that the letter was sent in a good-faith effort to obtain responses without the necessity of
a motion to compel, and again requesting responses be provided within ten days.
communications dated May 3, 2013, again confirmed receipt of Sunbeam’s counsel’s request and
indicated that they hoped to have the responses before the Gilbreaths’ depositions. Sunbeam’s
counsel requested that the Gilbreaths’ responses be provided by May 13. On May 15, both Glen and
Darla Gilbreath were deposed, and Sunbeam’s counsel made a request on the record at the
conclusion of each deposition for responses to the second set of written discovery. During the
depositions, Sunbeam’s counsel also requested production of certain documents, and the Gilbreaths
agreed to produce the documents. Sunbeam’s counsel made a final good-faith request for responses
and a follow-up request for production of the documents identified during the depositions via email
and regular mail on June 19, 2013, which indicated that a motion to compel would be filed in the
event responses were not provided by June 25, 2013.
The Gilbreaths have not responded to Sunbeam’s discovery requests to this date.
Furthermore, the Gilbreaths have not responded to Sunbeam’s motion to compel.
Accordingly, IT IS ORDERED that Sunbeam’s motion to compel (Doc. 22) is GRANTED.
The Gilbreaths are ordered to appropriately respond to Sunbeam’s discovery requests and to produce
the requested documents by 5:00 p.m. on August 7, 2013.
Subject to certain exceptions, if a motion to compel is granted, “the court must, after giving
an opportunity to be heard, require the party . . . 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.” Fed. R. Civ. P. 37(a)(5)(A). Sunbeam is directed
to file an affidavit documenting its fees and expenses incurred in bring the instant motion by July
31, 2013. The Gilbreaths will be given 7 days to file any objections.
IT IS SO ORDERED this 24th day of July, 2013.
/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE
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