Williford v. Arlington Ridge Restaurant Management LLC

Filing 14

ORDER granting 11 Motion to Compel discovery responses. On or before September 14, 2017, Plaintiff shall serve responses to Defendant's First Set of Interrogatories and Defendant's First Request for Production, and shall produce all documents responsive to the production request. See Order for details. Signed by Magistrate Judge Philip R. Lammens on 8/30/2017. (JWM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
CHRISTEN WILLIFORD,
Plaintiff,
v.

Case No: 5:16-cv-734-Oc-34PRL

ARLINGTON RIDGE RESTAURANT
MANAGEMENT LLC
Defendant.

ORDER
This case, brought under the Fair Labor Standards Act, 29 U.S C. § 209 et seq., was
removed to this Court pursuant to 28 U.S.C. §§ 1331 and 1441, and is now before the Court on
Defendant’s motion to compel, filed August 10, 2017. (Doc. 11).
On January 27, 2017, the Court entered a Case Management and Scheduling Order. (Doc.
8). On April 28, 2017, Defendant served Plaintiff with its First Request for Production (Doc. 111), and on May 1, 2017, Defendant served Plaintiff with Defendant’s First Set of Interrogatories
(Doc. 11-2). Defendant recites that, despite numerous attempts to contact Plaintiff’s counsel,
including two emails, phone calls and voicemail messages, Plaintiff has not provided any
discovery responses nor any communication concerning the requested discovery. (Doc. 11, ¶ 10).
Further, Plaintiff has not filed a response to Defendant’s motion to compel, and the time for doing
so has expired.
Accordingly, pursuant to Fed. R. Civ. P. 37(a)(3)(B), Defendant’s motion (Doc. 11) is
GRANTED. On or before September 14, 2017, Plaintiff shall serve their responses to

Defendant’s First Set of Interrogatories and Defendant’s First Request for Production, and shall
produce all documents responsive to the production request.
Further, given Plaintiff’s failure to respond to the discovery requests and failure to file any
response to Defendant’s motion to compel, it appears that Defendant is likely entitled to its
reasonable expenses incurred in making the motion, including attorney’s fees, as provided in Rule
37(a)(5). Defendant may file an appropriate motion detailing those expenses, following which
Plaintiff shall respond within 14 days.
DONE and ORDERED in Ocala, Florida on August 30, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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