United States of America v. Legree

Filing 17

ORDER granting 16 the United States' motion to compel; directing Legree to respond to the interrogatories and requests for production by April 28, 2017; and ordering Legree to show cause why the Court should not require her to pay the reas onable expenses incurred in bringing the motion to compel by May 5, 2017. Alternatively, she may confer with opposing counsel to resolve the issue of expenses and inform the Court by that date whether they have resolved it. Signed by Magistrate Judge Patricia D. Barksdale on 4/14/2017. (LG)

United States District Court
Middle District of Florida
Jacksonville Division
UNITED STATES OF AMERICA,
Plaintiff,
V.

NO. 3:16-CV-863-J-32PDB

IDA M. LEGREE,
Defendant.

Order
In this student-loan-default case, the Court granted the United States’ motion
for default judgment against Ida M. Legree and entered judgment against her. Docs.
10, 11. The United States now moves to compel her to respond to discovery in aid of
execution and sanction her for failing to respond. Doc. 16. Counsel for the United
States explains she has not responded to the first set of interrogatories or the first
request for production of documents in aid of execution and he has been unable to
reach her to confer on the motion. Doc. 16. The United States attaches copies of the
interrogatories and requests for production. Doc. 16-1, Doc. 16-2. She has not filed
anything in response to the motion, and the deadline for responding has passed.
Under Federal Rule of Civil Procedure 69(a)(2), a judgment creditor may obtain
discovery in aid of the judgment or execution as provided in the Federal Rules of Civil
Procedure or by the procedure of the state where the court is located. The Federal
Rules of Civil Procedure allow discovery through interrogatories and documentproduction requests. See Fed. R. Civ. P. 33, 34.
If a party does not answer an interrogatory or produce requested documents,
the party seeking discovery may move to compel an answer, designation, production,
or inspection. Fed. R. Civ. P. 37(a)(3)(B). If a court grants a motion to compel, it “must,

after giving an opportunity to be heard, require the party … whose conduct
necessitated the motion, the party or attorney advising that conduct, or both to pay
the movant’s reasonable expenses incurred in making the motion, including
attorney’s fees.” Fed. R. Civ. P. 37(a)(5)(A). “But the court must not order this
payment if: (i) the movant filed the motion before attempting in good faith to obtain
the disclosure or discovery without court action; (ii) the opposing party’s
nondisclosure, response, or objection was substantially justified; or (iii) other
circumstances make an award of expenses unjust.” Fed. R. Civ. P. 37(a)(5)(A)(i−iii).
The United States is entitled to discovery in aid of execution. The United States
has issued interrogatories and requests for production relating to Legree’s finances,
and she has failed to respond or offer an explanation for the failure. The Court grants
the United States’ second amended motion, Doc. 16, and directs Legree to respond
to the interrogatories and requests for production by April 28, 2017. Her failure to
do so may subject her to contempt proceedings.
Because the Court has granted the motion to compel, it must, after giving
Legree an opportunity to be heard, require her to pay the “reasonable expenses” the
United States incurred in bringing it. See Fed. R. Civ. P. 37(a)(5)(A). The Court
orders Legree to show cause why the Court should not require her to pay the
reasonable expenses incurred in bringing the motion to compel by May 5, 2017.
Alternatively, she may confer with opposing counsel to resolve the issue of expenses
and inform the Court by that date whether they have resolved it.
Ordered in Jacksonville, Florida, on April 14, 2017.

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c:

Counsel of record
Ida M. Legree
4803 S.W. U.S. Highway 27
Fort White, Florida, 32038

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