Edmonds v. Resort Lifestyle Communities, Inc.

Filing 37

ORDER granting 30 Motion to Compel discovery responses. By December 9, 2024, Plaintiff Ebron Edmonds must answer the outstanding discovery. By December 9, 2024, Edmonds must also file a notice explaining why he has not been in contact with defense counsel and whether he intends to prosecute this case. Failure to do so could result in a recommendation that this case be dismissed for failure to prosecute. Signed by Magistrate Judge Kyle C. Dudek on 11/25/2024. (CGW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
EBRON EDMONDS,
Plaintiff,
v.

Case No.: 2:23-cv-636-JES-KCD

BRADFORD SQUARE
RETIREMENT COMMUNITY,
LLC, A NEBRASKA LIMITED
LIABILITY COMPANY,
Defendant.
/
ORDER
Before the Court is Defendant Bradford Square Retirement Community,
LLC’s motion to compel discovery responses from pro se Plaintiff Ebron
Edmonds. (Doc. 30.) Edmonds has not responded, and the time to do so passed,
so the Court treats the motion as unopposed. See Local Rule 3.01(c).
Bradford Square served discovery on Edmonds (Doc. 30-2), and his
answers were due by April 18 (Doc. 30-1). Neither responses nor objections
were received. The Federal Rules provide that a party may move for an order
compelling compliance in such circumstances. See Fed. R. Civ. P. 37(a)(3),
(b)(2)(A).
Bradford Square attempted to confer with Edmonds in a good-faith effort
to resolve this dispute to no avail. (Doc. 34.) And now Edmonds failed to

respond to the pending motion, thereby waiving any objections. See Siddiq v.
Saudi Arabian Airlines Corp., No. 6:11-CV-69-ORL-19GJK, 2011 WL 6936485,
at *3 (M.D. Fla. Dec. 7, 2011). Having received no response in opposition, the
Court grants the motion to compel. (Doc. 30.) By the date provided below,
Edmonds must serve full and complete responses to the outstanding discovery
requests.
One final matter. Since at least March 25, 2024 (the date Edmonds last
had counsel), neither Edmonds nor anyone acting on his behalf has contacted
defense counsel about this case. This is despite counsel’s repeated attempts to
contact Edmonds. (See Docs. 30-1, 30-3, 30-5, 30-4, 34.) Edmonds’ nonresponsiveness shows a lack of interest in prosecuting this case. Thus, the
Court will provide a deadline by which he must explain why he has ignored
defense counsel and whether he intends to prosecute this case.
Accordingly, it is ORDERED:
1.

Defendant Bradford Square Retirement Community, LLC’s

motion to compel (Doc. 30) is GRANTED.1

1 If a motion to compel “is granted—or if the disclosure or requested discovery is provided

after the motion was filed—the court must . . . require the party or deponent whose conduct
necessitated the motion . . . to pay the movant’s reasonable expenses incurred in making the
motion, including attorney’s fees.” Fed. R. Civ. P. 37(a)(5). Defendant does not ask for its
expenses. Nor has Defendant provided any documentation to issue such an award.
Accordingly, the Court cannot order expenses at this time. See, e.g., CMR Constr. & Roofing,
LLC v. ASI Preferred Ins. Corp., No. 219CV442FTM29MRM, 2020 WL 9172016, at *3 (M.D.
Fla. May 1, 2020).
2

2.

By December 9, 2024, Plaintiff Ebron Edmonds must answer the

outstanding discovery.
3.

By December 9, 2024, Edmonds must also file a notice explaining

why he has not been in contact with defense counsel and whether he intends
to prosecute this case. Failure to do so could result in a recommendation
that this case be dismissed for failure to prosecute.
ENTERED in Fort Myers, Florida, on November 25, 2024.

Copies: All Parties of Record

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