First Mutual Group, LP v. Carter

Filing 18

ORDER granting in part and denying in part 17 Motion of Defendant Andrew M. Carter to Compel Discovery; Rule 37(a)(2)(B) Certification and for Attorney's Fees and Costs. Plaintiff shall have up to and including October 20, 2015 to respond to Defendant's First Request for Production. See Order for details. Signed by Magistrate Judge Carol Mirando on 10/6/2015. (ANW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
FIRST MUTUAL GROUP, LP,
Plaintiff,
v.

Case No: 2:14-cv-621-FtM-29CM

ANDREW M. CARTER,
Defendant.
ORDER
Before the Court is the Motion of Defendant Andrew M. Carter to Compel
Discovery; Rule 37(a)(2)(B) Certification and for Attorney's Fees and Costs (Doc. 17),
filed on September 2, 2015. Plaintiff has not filed a response in opposition, and the
time has expired for Plaintiff to do so.

Failure to file a response creates a

presumption that the motion is unopposed. Great American Assur. Co. v. Sanchuk,

LLC, 2012 WL 195526 *3 (M.D. Fla. 2012) (citation omitted). The motion is now ripe
for review.
Defendant served Plaintiff with a request for production of documents on or
about May 20, 2015. Doc. 17 at 2. Plaintiff’s response was due on June 19, 2015.

Id. To date, Plaintiff has not responded to Defendant’s request for production. Id.
Because Plaintiff has failed to respond to the discovery or assert any objections
thereto, any such objections are waived.

Limu Co., LLC v. Burling, 2013 WL

1482760 *1 (M.D. Fla. 2013). Moreover, Plaintiff failed to provide any opposition to
the present motion. Accordingly, the Court will grant Defendant’s motion. Plaintiff

shall have up to and including October 20, 2015 to respond to Defendant’s First
Request for Production. Plaintiff is advised that failure to comply with this Order
could result in sanctions.
Defendant also seeks attorney fees and costs associated with bringing this
motion. When a party makes a claim for fees, it is the party’s burden to establish
entitlement and document the appropriate hours and hourly rate.

Am. Civil

Liberties Union of Georgia v. Barnes, 168 F.3d 423, 427 (11th Cir. 1999) (citing
Norman v. Housing Auth. of Montgomery, 836 F.2d 1292, 1303 (11th Cir. 1988).
Here, Defendant has provided no documentation as the amount of time expended
preparing the present motion or the hourly rate. Accordingly, Defendant’s request
for attorney’s fees is denied without prejudice.
ACCORDINGLY, it is hereby
ORDERED:
1.

The Motion of Defendant Andrew M. Carter to Compel Discovery; Rule

37(a)(2)(B) Certification and for Attorney's Fees and Costs (Doc. 17) is GRANTED in
part and DENIED in part.
2.

Defendant’s Motion to Compel is GRANTED. Plaintiff shall have up to

and including October 20, 2015 to respond to Defendant’s First Request for
Production.
3.

Defendant’s request for attorney’s fees is DENIED without prejudice.

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DONE and ORDERED in Fort Myers, Florida on this 6th day of October, 2015.

Copies:
Counsel of record

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