Robinson v. Turner et al

Filing 60

ORDER granting 51 Motion to Compel. Signed by Magistrate Judge Sean P. Flynn on 9/24/2024. (CED)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
CAMILLE ROBINSON,
Plaintiff,
v.

Case No. 8:23-cv-626-SDM-SPF

JEFFREY TURNER, GOVERNMENT
EMPLOYEES INSURANCE COMPANY,
Defendants.
/
ORDER
This cause comes before the Court upon Plaintiff’s Motion to Compel Initial
Discovery Responses (Doc. 51). Defendant Jeffrey Turner has not responded to the motion,
and the time to do so has expired. See L.R. 3.01(c), M.D. Fla. (party opposing motion must
file response in opposition within 14 days after service). Therefore, the motion is deemed
unopposed. See id. (“If a party fails to timely respond, the motion is subject to treatment as
unopposed.”); Legends Collision Ctr., LLC v. State Farm Mut. Auto. Ins. Co., No. 6:14-cv-6006ORL-31TBS, 2016 WL 3406409, at *1 (M.D. Fla. June 21, 2016) (stating that a party’s failure
to respond to a motion indicates the motion is unopposed).
Plaintiff asks the Court to compel Defendant Jeffrey Turner to respond to its
Interrogatories (Doc. 51-1) and Requests to Produce (Doc. 51-2), which were served on
Defendant on December 8, 2023. Defendant’s responses were due on January 8, 2024, and
Defendant failed to respond or timely request an extension. On May 29, 2024, Plaintiff
contacted Defendant to inquire about the discovery. On June 7, 2024, the parties had a phone
conference regarding the outstanding discovery, and Plaintiff provided Defendant an
extension to June 21, 2024 to respond to the discovery. On August 14, 2024, Plaintiff filed

this Motion to Compel as she had yet to receive the requested discovery. As Defendant has
not opposed the motion to compel, the motion is granted.
Defendant Jeffrey Turner shall serve Plaintiff with the requested discovery within 21
days of this Order without objection. See Middle District Discovery (2021) at III.A.6. and
IV.B. (absent compelling circumstances, failure to assert objections to a request for production
or an interrogatory within the time frame for answers constitutes a waiver and will preclude
a party from asserting the objection in response to a motion to compel); see also United States
v. Wilkins, No. 8:14-cv-993-T-17JSS, 2017 WL 4182342, at *1 (M.D. Fla. Sept. 21, 2017)
(objections are deemed waived when a party fails to timely object to interrogatories,
production requests, or other discovery efforts).
Accordingly, it is hereby
ORDERED:
Plaintiff’s Motion to Compel Initial Discovery Responses (Doc. 51) is GRANTED.
Defendant Jeffrey Turner shall serve Plaintiff with the requested discovery within 21 days of
the date of this Order without objection.
ORDERED in Tampa, Florida, September 24, 2024.

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