Stevens et al v. Mayflower R.V., Inc. et al
ORDER granting 12 Motion to Compel. Plaintiff's Initial Disclosures and responses to Defendant's Interrogatories and Requests for Production are due by 5:00 p.m. on Friday, January 22, 2016. Signed by Honorable Barry A. Bryant on January 7, 2016. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
Civil No. 4:15-cv-04041
FOREST RIVER, INC.
BEFORE the Court is the Defendant’s Motion to Compel. ECF No. 12. With this motion,
Defendant seek to compel responses to certain discovery requests propounded to Plaintiff. The
Plaintiff has not responded to this Motion. 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 Defendant's
Motion to Compel (ECF No. 12), should be GRANTED.
On December 12, 2015, Defendant filed a Motion to Compel seeking an Order compelling
Plaintiff to respond to Initial Disclosures and Defendant’s First Set of Interrogatories and Requests
for Production. ECF No. 12. In their Motion, Defendant states they have not received Plaintiff’s
responses to Initial Disclosures which were due on August 21, 2015. Further, Defendant served
Interrogatories and Requests for Production on October 20, 2015 which have not been answered
by Plaintiff. Id. On December 2, 2015, Defendant sent correspondence to Plaintiff requesting his
past due responses be provided within 10 days and informing Plaintiff, if he failed to respond,
Defendants would file a motion to compel. ECF No. 12-2. Plaintiff did not respond.
In compliance with Fed. R. Civ. P. 26(a) and the parties’ Joint Rule 26(f) Report, the
Plaintiff’s Initial Disclosures were due on August 21, 2015. ECF No. 8. Under the Federal Rules
of Civil Procedure, Plaintiff is afforded thirty (30) days to respond to discovery requests. Fed. R.
Civ. P. 33(b)(2) & 34(b)(2)(A). Plaintiff did not request an extension of time to respond to
Defendants’ discovery requests. Therefore, Plaintiff has failed to respond to Defendant’s First Set
of Interrogatories and Requests for Production in the time provided by law.
Accordingly, Defendant’s Motion to Compel (ECF No. 12) is GRANTED. Plaintiff is
DIRECTED to provide his Initial Disclosures to Defendant and his responses to Defendant’s
First Set of Interrogatories and Requests for Production by 5:00 p.m. on Friday, January
22, 2016. Plaintiff is advised that failure to comply with this Order may result in the dismissal
of this case.
IT IS SO ORDERED this 7th day of January 2016.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE
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