GP v. Lee County School Board et al

Filing 60

ORDER denying without prejudice 54 Motion to Compel Discovery. Defendants shall have up to and including December 15, 2016 to renew their motion, if necessary. Signed by Magistrate Judge Carol Mirando on 12/12/2016. (LS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
GP, minor child by and through her
Mother, JP
Plaintiff,
v.

Case No: 2:15-cv-728-FtM-38CM

LEE COUNTY SCHOOL BOARD
and LINDA CAPRAROTTA,
Defendants.
ORDER
This matter comes before the Court upon review of Defendants Lee County
School Board and Linda Caprarotta’s Motion to Compel Discovery (Doc. 54) filed on
November 17, 2016.

Defendants seek an order compelling Plaintiff to produce

documents identified in her discovery responses; and (2) provide complete responses
to interrogatories and a signed jurat page for the interrogatory answers she already
provided. On December 8, 2016, Plaintiff filed a response stating that, as of that
date, Plaintiff made substantial efforts to cure the deficiencies outlined in the instant
motion; thus, the motion should be denied without prejudice “to renew if, seven days
from today’s date, [Defendants] retain a good faith belief that [P]laintiff has not
complied with Fed. R. Civ. P. 33 and 34.” Doc. 59 at 1. Defendants do not object to
Plaintiff’s request.

Based on Plaintiff’s representations in her response and the

stipulated nature of Plaintiff’s request, the Court will deny the motion without
prejudice.

ACCORDINGLY, it is hereby
ORDERED:
Defendants’ Motion to Compel Discovery (Doc. 54) is DENIED without
prejudice. Defendants shall have up to and including December 15, 2016 to renew
their motion, if necessary.
DONE and ORDERED in Fort Myers, Florida on this 12th day of December,
2016.

Copies:
Counsel of record

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