Allen v. City of Fort Myers et al

Filing 41

ORDER granting 39 Defendants' Amended Motion to Compel First Request to Produce Documents Directed to Plaintiff. Signed by Magistrate Judge Carol Mirando on 6/13/2017. (LS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
NATHANIEL RAY ALLEN,
individually
Plaintiff,
v.

Case No: 2:16-cv-800-FtM-38CM

CITY OF FORT MYERS,
DOUGLAS BAKER, JACQUELYN
GARRETT and AUDENIA
THOMAS,
Defendants.
ORDER
This matter comes before the Court upon review of Defendants’ Amended
Motion to Compel First Request to Produce Documents Directed to Plaintiff (Doc. 39)
filed on May 1, 2017. On May 17, 2017, Plaintiff filed a response in opposition.
Defendants

Jacqueline

Garrett

and

Audenia

Thomas

(collectively

“Defendants”) request a court order compelling Plaintiff to respond to their First
Request for Production of Documents and Things that they served on January 18,
2017. Doc. 39 at 1. Defendants claim that as of May 1, 2017, Plaintiff has failed to
respond to the discovery requests or ask for additional time. Id. Plaintiff responds
that he “does not object to responding to the Request to Produce and does not object
to producing the documents and other items requested that are in his possession or
control, he simply needs additional time to produce same.” Doc. 40 at 3. Due to
Plaintiff’s lack of objection, the motion is due to be granted.

Going forward, the Court reminds the parties that they must comply with the
Middle District of Florida Local Rules and the Federal Rules of Civil Procedure when
filing any motions and responses for the Court’s consideration. Here, Defendants’
motion fails to comply with Local Rules 3.01(a), 3.04(a), and arguably Local Rule
3.01(g) and Federal Rule of Civil Procedure 37(a)(1). M.D. Fla. R. 3.01(a), 3.04(a),
3.01(g); Fed. R. Civ. P. 37(a)(1). Plaintiff’s response fails to comply with Local Rule
3.01(b) in that it was untimely filed. Effective December 1, 2016, Federal Rule of
Civil Procedure Rule 6(d) was amended to remove service by electronic means under
Rule 5(b)(2)(E) from the modes of service that allow 3 added days to act after being
served.
ACCORDINGLY, it is hereby
ORDERED:
Defendant’s Amended Motion to Compel First Request to Produce Documents
Directed to Plaintiff (Doc. 39) is GRANTED in that Plaintiff shall have up to and
including June 26, 2017 to respond to Defendant’s [sic] First Request for Production
of Documents and Things (Doc. 39 at 4-7).
DONE and ORDERED in Fort Myers, Florida on this 13th day of June, 2017.

Copies:
Counsel of record

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