Jones v. Leocadio et al

Filing 57

ORDER granting 54 Defendants' Motion to Compel Plaintiff to Respond to Interrogatories and Request for Production. Plaintiff shall have up to and including February 28, 2013 to respond to Defendants' Interrogatories and Request for Production. Signed by Magistrate Judge Sheri Polster Chappell on 1/29/2013. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
NORMAN WAYNE JONES,
Plaintiff,
v.

Case No: 2:12-cv-285-Ftm-29SPC

ROB LEOCADIO, PATRICK MCMANUS
and KEVIN RAMBOSK,
Defendants.
___________________________________/
ORDER
This matter comes before the Court on Defendants’ Motion to Compel Plaintiff to
Respond to Interrogatories and Request for Production (Doc. #54) filed on January 4, 2013.
Plaintiff pro se Norman Wayne Jones has failed to file a response in opposition.
Defendants’ Request for Production was mailed to Plaintiff on October 16, 2012.
Plaintiff’s response was due no later than November 16, 2012. Plaintiff has failed to respond to
Defendants’ Request for Production.
Defendants’ Interrogatories were mailed to Plaintiff on October 18, 2012. Plaintiff’s
response was due no later than November 19, 2012.

Plaintiff has failed to respond to

Defendants’ Interrogatories.
Defendants now move the Court for an order compelling Plaintiff to respond.1 The
Motion is due to be granted. Plaintiff is reminded that even though he is pro se he is expected
to prosecute this action against Defendants. That includes responding to all written discovery
served on him by the Defendants. If more time is needed to respond, Plaintiff must correspond
1

Plaintiff filed a Notice of Change of Address (Doc. #55) on January 14, 2013, informing the Court that he had been
moved to a different facility. The Certificate of Service on the instant Motion to Compel indicates though that the
Defendants mailed the Motion to the new address.

with opposing counsel to obtain more time or file a motion with the Court. Failure to prosecute
and participate in this action could result in the action being dismissed without further
notice.
Accordingly, it is now
ORDERED:
Defendants’ Motion to Compel Plaintiff to Respond to Interrogatories and Request for
Production (Doc. #54) is GRANTED. Plaintiff shall have up to and including February 28,
2013 to respond to Defendants’ Interrogatories and Request for Production.
DONE and ORDERED in Fort Myers, Florida this 29th day of January, 2013.

Copies: All Parties of Record

2