Zurich American Insurance Company v. Fikes Truck Line, LLC

Filing 36

ORDER granting 29 Motion to Compel. Responses to post-judgment discovery requests due by February 15, 2016. Signed by Honorable Barry A. Bryant on January 20, 2016. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
ZURICH AMERICAN INSURANCE
COMPANY
v.

PLAINTIFF

Civil No. 4:15-cv-04019

FIKES TRUCK LINE, LLC.

DEFENDANT
ORDER

BEFORE the Court is the Plaintiff’s Motion to Compel. ECF No. 29. With this motion,
Plaintiff seeks to compel responses to certain post-judgment discovery requests to be completed by
Defendant. The Defendant has responded to this Motion. ECF No. 34. Pursuant to the provisions
of 28 U.S.C. § 636(b)(1) and (3) (2005), United States District Judge Susan O. Hickey referred this
Motion to the undersigned for decision. The Court having reviewed the pleadings and arguments
of counsel finds Plaintiff's Motion to Compel (ECF No. 29), should be GRANTED.
In their Motion to Compel, Plaintiff states they served Post-Judgment Interrogatories and
Requests for Production to Defendant on November 20, 2015. Id. To date, the discovery requests
have not been answered. On November 23, 2015, Defendant’s counsel informed Plaintiff she no
longer represented the Defendant. ECF 29-2. However, at that point, Defendant’s counsel has not
sought or obtained leave to withdraw as required by Local Rule 83.5(f).
On December 28, 29015, Plaintiff’s counsel, by email, requested the discovery requests be
answered. Id. With no responses being made, Plaintiff filed this present Motion to Compel. ECF
No. 29. On January 5, 2016, Defendant’s counsel filed a Motion to Withdraw as counsel for
Defendant. ECF No. 30. This Motion was denied on January 7, 2016. ECF No. 33.
In the response, Defendant’s counsel states Defendant, Fikes Truck Line, is no longer in
operation and its debts exceed its assets. ECF No. 34. While this may be true, Defendant still is

obligated to respond to the post-judgment discovery requests. Plaintiff is entitled to post-judgment
discovery from the judgment debtor Defendant in aid of judgment and execution under Fed. R.
Civ. P. 69(a)(2). Further, any objections Defendant may have had to the discovery have been
waived for failure to answer within 30 days.
Accordingly, Plaintiff’s Motion to Compel (ECF No. 29) is GRANTED. Defendant is
DIRECTED to provide Plaintiff with their responses to the post-judgment discovery requests by
February 15, 2016.
IT IS SO ORDERED this 20th day of January 2016.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE

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