Rivera v. Transitions Optical, Inc.

Filing 23

ORDER ATTACHED granting 22 Motion to Compel. Signed by Judge Richard A. Lazzara on 8/8/2011. (CCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MARTHA C. RIVERA,
Plaintiff,
v.

CASE NO: 8:10-cv-2328-T-26TGW

TRANSITIONS OPTICAL, INC.,
Defendant.
/
ORDER

Defendant has filed a motion to compel Plaintiff, proceeding pro se, to comply
more fully with certain responses to interrogatories and requests for production of
documents. Defendant has attached to the motion as composite exhibit B Plaintiff’s
position with regard to Defendant’s efforts to secure this information. The Court
determines that her position runs contrary to Rule 26(b)(1) of the Federal Rules of Civil
Procedure in that Defendant is entitled to this discovery because such “discovery appears
reasonably calculated to lead to the discovery of admissible evidence.”1
Accordingly, it is ordered and adjudged as follows:
1) Defendant’s Motion to Compel Discovery (Dkt. 22) is granted.
2) Plaintiff shall provide Defendant on or before August 29, 2011, complete and
accurate answers to Interrogatories 1, 2, 3, 4, and 18. With regard to Interrogatory 18,
Plaintiff shall list only those individuals whom she in good faith intends to call at the trial
of this case, together with the topics about which they may testify.
1

In Light of this determination, the Court needs no response from Plaintiff.

3) Plaintiff shall produce to Defendant on or before August 29, 2011, the
documents requested in Requests for Production 12, 13, and 18. If Plaintiff claims she
does not possess any of the documents requested, she shall file an affidavit executed
under penalties of perjury to that effect.
4) Defendant shall have the right to redepose Plaintiff for a period of no longer
than four (4) hours.
5) The Court defers ruling on whether to allow Defendant to exceed the tendeposition limit until after Plaintiff has complied in good faith with the answer to
Interrogatory 18.
6) The discovery deadline is extended until October 31, 2011.
7) In recognition of Plaintiff’s pro se status, the Court will at this time decline to
award attorney fees and costs to Defendant for the time expended in bringing this
motion. Plaintiff is cautioned, however, that if she does not comply with the directives
of this order and Defendant is forced to file another motion to compel, that appropriate
sanctions will be imposed.
DONE AND ORDERED at Tampa, Florida, on August 8, 2011.

s/Richard A. Lazzara
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO:

Counsel of Record
Plaintiff, pro se

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