Chen v. DeSoto County, Florida

Filing 63

ORDER granting 53 The Defendant DeSoto County has up to and including November 5, 2010, to produce verified answers and production to the Plaintiff's Second Interrogatories, Request for Production, and Request for Admissions. The Plaintiff, Guang Chen's Motion for Sanctions is DENIED. Signed by Magistrate Judge Sheri Polster Chappell on 10/25/2010. (LMH)

Chen v. DeSoto County, Florida

Doc. 63

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION GUANG CHEN, Plaintiff, -vsDESOTO COUNTY, FLORIDA, a political subdivision of the State of Florida, and JASON GREEN, individually and as County Planning Manager for DeSoto County, Florida, Defendants. ______________________________________ Case No. 2:09-cv-752-FtM-36SPC

ORDER This matter comes before the Court on the Plaintiff, Guang Chen's Motion to Compel Verified Answers to Discovery (Doc. #53) filed on October 1, 2010. No response or opposition has been filed by the Defendant and the time to do so has expired. Thus, the Court will review the matter without benefit of a response. Pursuant to Fed. R. Civ. P. (33)(a) a corporate party or in this case a county government is required to designate an agent to answer and sign interrogatory responses. The same is true under Fed. R. Civ. P. 34, and 36 for request for production and request for admissions. According to the Plaintiff, the Defendant did not verify its answers and responses to his discovery request. In fact, the Defendant's response and answer to the discovery is entitled "Defendant's Notice of Service of Unverified Answers to Plaintiff's Second Interrogatories Combined with Request for Admissions and Request to Produce." It appears that the Defendant did not comply with the Federal Rules. Therefore, the Motion is due to be granted.

Dockets.Justia.com

In addition to the Motion to Compel verified answers to the interrogatories and requests for production of documents, the Plaintiff also moves for sanctions pursuant to Fed. R. Civ. P. 37(a)(4)(A). Under Rule 37, the Court may deny a request for expenses "if it determines that opposition to the motion was substantially justified or that other circumstances would make an award of expense[s] unjust." Reedy v. Lull Engineering Co., Inc., 137 F.R.D. 405, 409 (M.D. Fla. 1991). At this point in the proceedings, the Court does not find just cause that would require the Court to impose attorney's fees and sanctions. Accordingly, it is now ORDERED: (1) The Plaintiff, Guang Chen's Motion to Compel Verified Answers to Discovery (Doc.

#53) is GRANTED. The Defendant DeSoto County has up to and including November 5, 2010, to produce verified answers and production to the Plaintiff's Second Interrogatories, Request for Production, and Request for Admissions. (2) The Plaintiff, Guang Chen's Motion for Sanctions is DENIED. DONE AND ORDERED at Fort Myers, Florida, this 25th day of October, 2010.

Copies: All Parties of Record

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