Jones v. Burch et al

Filing 39

ORDER granting 31 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
RANDALL EUGENE JONES,
Plaintiff,
v.

Case No. 8:24-cv-72-KKM-SPF

KYLE EVERETT BURCH; HIRSCHBACH
MOTOR LINES, INC.,
Defendants.
/
ORDER
This cause comes before the Court upon Defendants’ Motion to Compel Plaintiff to
Provide Better Rule 26 Initial Disclosures (Doc. 31). Plaintiff 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-6006-ORL-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).
Defendants ask the Court to compel Plaintiff to provide better initial disclosures that
detail the amount of his past and future medical expenses as well as any of his past and future
non-economic damages (Doc. 31). While Plaintiff provided initial disclosures, the initial
disclosures failed to articulate Plaintiff’s damages (Doc. 31-3). As Plaintiff has not opposed
the motion to compel, the motion is granted.

Plaintiff shall serve Defendants with amended initial disclosures that articulate
Plaintiff’s past and future medical expenses as well as his past and future non-economic
damages within 21 days of this Order.
Accordingly, it is hereby
ORDERED:
Defendants’ Motion to Compel Plaintiff to Provide Better Rule 26 Initial Disclosures
(Doc. 31) is GRANTED.

Plaintiff shall serve Defendants with the amended initial

disclosures within 21 days of the date of this Order.
ORDERED in Tampa, Florida, September 24, 2024.

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