Byndom v. Waffle House, Inc.
Filing
35
ORDER denying 33 Defendants' Motion to Compel Plaintiff to Respond to Discovery. Signed by Magistrate Judge Leslie Hoffman Price on 1/27/2025. (MKH)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
KENNETH BYNDOM,
Plaintiff,
v.
Case No: 6:23-cv-1971-JA-LHP
WAFFLE HOUSE, INC. and EAST
COAST WAFFLES, INC.,
Defendants
ORDER
This cause came on for consideration without oral argument on the following
motion filed herein:
MOTION: DEFENDANTS’ MOTION TO COMPEL PLAINTIFF
TO RESPOND TO DISCOVERY (Doc. No. 33)
FILED:
January 17, 2025
THEREON it is ORDERED that the motion is DENIED. 1
Plaintiff did not file a timely response to the motion. See Doc. No. 15 ¶ 5
(providing that opposition briefing to a discovery motion must be filed no later than five
days after the motion). However, on January 23, 2025, Plaintiff filed a “Notice of
Compliance” stating that he responded to the discovery requests. Doc. No. 34. As
discussed below, to the extent that Plaintiff’s “Notice of Compliance” does not moot the
1
The Case Management and Scheduling Order (“CMSO”) provides that
“[e]ach party must timely serve discovery requests allowing for responses prior to
the discovery deadline.”
Doc. No. 14, at 3 (emphasis added).
The discovery
deadline was January 17, 2025. Id. at 1. So, Defendants’ service of discovery on
Plaintiff on December 18, 2024, making Plaintiff’s responses due January 17, 2025,
is non-compliant with the CMSO.
Moreover, the motion to compel was also
prematurely filed, as it was filed on January 17, 2025, before the time for Plaintiff to
respond to the discovery had lapsed. See also id. at 3 (“The Court may deny as
untimely motions to compel filed after the discovery deadline.”)
For these reasons, Defendants’ motion to compel (Doc. No. 33) is DENIED.
DONE and ORDERED in Orlando, Florida on January 27, 2025.
Copies furnished to:
Counsel of Record
Unrepresented Parties
motion, the motion is due to be denied on the merits even absent a response.
-2-
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