CRANFORD v. HAMMOCK

Filing 56

ORDER GRANTING 52 54 Motion to Compel; DENYING 55 Motion for Pretrial Conference by DUKE F CRANFORD. Signed by MAGISTRATE JUDGE ALLAN KORNBLUM on 12/28/2009. (jws)

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION

DUKE F. CRANFORD, Plaintiff, vs. A. D. HAMMACK, et al, Defendants. / ORDER Plaintiff has filed a motion to compel (doc. 52), supplemented with the actual requests, (doc. 54), which he contends were served upon Defendants on October 20, 2009, and to which no responses have been made. Defendants have not responded to the motions to compel either. Defendants' failure to file timely objections to Plaintiff's Requests for Production of Documents constitutes a waiver of the objections, and Defendants must provide all requested documents which are within their possession, custody or control within the meaning of Fed. R. Civ. P. 34(a). Peat, Marwick, Mitchell & Co. v. West, 748 F.2d 540 (10 Cir. 1984), pet. for cert. dism. 469 U.S. 1199 (1985); Perry v. Golub, 74 F.R.D. 360, CASE NO. 1:09CV70-MP/AK

Page 2 of 2

363 (N.D. Ala. 1976). This includes any objection based on privilege. Golub, 74 F.R.D. at 363. Plaintiff has also moved for a pretrial conference (doc. 55), which the Court denies. There is no need for a conference at this point in the proceedings. Accordingly, it is ORDERED: 1. That Plaintiff's Motions to Compel (docs. 52 and 54) are GRANTED. 2. Defendants shall within ten (10) days of the date of this order produce documents responsive to Plaintiff's Request for Production of Documents served upon them on October 20, 2009, without objections. 3. Plaintiff's Motion for Pretrial Conference (doc. 55) is DENIED. DONE AND ORDERED this 28th day of December, 2009.

s/ A Kornblum ALLAN KORNBLUM UNITED STATES MAGISTRATE JUDGE

No. 1:09cv70-MP/AK