Mashon v. Norama Resorts, LLC et al

Filing 30

ORDER granting 27 Motion to Compel Defendants' Responses to Plaintiff's First Request for Production of Documents and First Set of Interrogatories. See order for details. Signed by Magistrate Judge Amanda Arnold Sansone on 1/31/2017. (BEE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MATTHEW MASHON,
Plaintiff,
v.

Case No.: 8:16-cv-1185-T-36AAS

NORAMA RESORTS, LLC and
GIOVANNI P. DIDOMIZIO,
Defendants.
______________________________________/
ORDER
Before the Court are Plaintiff’s Motion to Compel Defendants’ Responses and Answers to
Plaintiff’s First Request for Production of Documents and Plaintiff’s First Set of Interrogatories to
Defendants (“Motion to Compel”) (Doc. 27) and Supplement to Plaintiff’s Motion to Compel
Defendants’ Responses and Answers to Plaintiff’s First Request for Production of Documents and
Plaintiff’s First Set of Interrogatories to Defendants (Doc. 29).
Plaintiff seeks to compel Defendants’ responses to Plaintiff’s First Request for Production
of Documents and Plaintiff’s First Set of Interrogatories. (Doc. 27, Exs. 1, 2). On January 13,
2017, the Court ordered counsel for the parties to confer regarding Plaintiff’s Motion to Compel,
pursuant to Local Rule 3.01(g), M.D. Fla., and directed Plaintiff to file a supplemented Local Rule
3.01(g) certification. (Doc. 28). On January 14, 2017, Plaintiff notified the Court that Defendants
do not intend to respond to Plaintiff’s discovery requests while the motion to dismiss is pending
in this action. (Doc. 29, ¶ 2). As of the date of this Order, Defendants have not filed a response
to Plaintiff’s Motion to Compel and the time for doing so has expired. See Fed. R. Civ. P. 6(d);
M.D. Fla. L. R. 3.01(b).
As correctly noted by Plaintiff, there is presently no Court-ordered stay of discovery in this

case. As such, Defendants are obligated to timely respond to Plaintiff’s discovery requests.
However, the Court does not consider an award of attorney’s fees to be appropriate at this time.
See Fed. R. Civ. P 37(a)(5)(A)(i)-(ii).
Accordingly and upon consideration, it is ORDERED that:
Plaintiff’s Motion to Compel (Doc. 27) is GRANTED. Defendants must respond to
Plaintiff’s First Request for Production of Documents and Plaintiff’s First Set of Interrogatories
within fourteen (14) days of this Order unless the parties reasonably stipulate to a different
timeframe.
DONE AND ORDERED in Tampa, Florida on this 31st day of January, 2017.