Rodriguez v. City of Gulfport
ORDER granting in part and denying in part 46 Motion to Compel Discovery Responses and Extend Case Management Deadlines. Signed by Magistrate Judge Amanda Arnold Sansone on 11/15/2023. (BEE)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
Case No. 8:22-cv-02101-KKM-AAS
CITY OF GULFPORT,
Defendant City of Gulport (Gulfport) requests an order compelling
Plaintiff Raymond Rodriguez to respond to Gulfport’s Interrogatories and
Requests for Production. (Doc. 46). Mr. Rodriguez did not respond to Gulfport’s
motion within the fourteen days permitted by this court’s Local Rules. See
Local Rule 3.01(c), M.D. Fla. (“If a party fails to timely respond, the motion is
subject to treatment as unopposed.”).
Rule 37(a)(2)(B) of the Federal Rules of Civil Procedure allows a party
to move for an order compelling discovery if another party fails to respond to
interrogatories submitted under Rule 33 or to a document request submitted
under Rule 34. Mr. Rodriguez failed to respond to Gulfport’s written discovery
requests and Gulfport’s motion to compel.
Accordingly, it is ORDERED:
Gulfport’s motion to compel (Doc. 46) is GRANTED. By
December 1, 2023, Mr. Rodriquez must serve written responses to Gulfport’s
Interrogatories and Request for Production.
Gulfport’s reasonable attorney’s fees and expenses incurred in
bring this motion are awarded against Mr. Rodriguez. See Fed. R. Civ. P.
37(a)(5)(A) (“If the motion [to compel] is granted . . . the court must . . . require
the party or deponent whose conduct necessitated the motion . . . to pay the
movant’s reasonable expenses incurred in making the motion, including
attorney’s fees.”). Gulfport may file a motion requesting a specific reasonable
amount of attorney’s fees and expenses and must support the request with
documentation (i.e., an affidavit, time entries, and receipts for expenses).
Gulfport’s request to extend case management deadlines (Doc. 46)
is DENIED without prejudice. By November 4, 2023, Gulfport must file a
notice outlining any efforts Mr. Rodriguez has made to comply with this order
and provide discovery responses.
The Clerk is DIRECTED to send a copy of this order and the
underlying motion by mail to Mr. Rodriquez at 5322 26th Avenue South,
ENTERED in Tampa, Florida on November 15, 2023.
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