KELLER v. LEVY COUNTY JAIL et al

Filing 25

ORDER re 24 MOTION to Compel filed by RUSSELL HINOTE is GRANTED. Plaintiff shall file a response to Defendant's request for attorney fees. (Internal deadline for referral to judge if response not filed earlier: 4/30/2012).). Signed by MAGISTRATE JUDGE GARY R JONES on 4/16/2012. (jws) Modified on 4/17/2012 (jws).

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
MICHAEL R. KELLER,
Plaintiff,
v.

CASE NO. 1:11-cv-77-MP-GRJ

RUSSELL HINOTE and
C. HOLMES,
Defendants.
_____________________________/
ORDER
This matter is before the Court on the Motion To Compel of Defendant Russell
Hinote. (Doc. 24.) Defendant represents that Plaintiff has not served objections or
responded to Defendant’s interrogatories and request for production served on
February 13, 2012. Due to the limited amount of time until the discovery deadline the
Court determines that the motion is due to be granted before the time for a response to
the motion is due.
Defendant also requests an award of attorney’s fees and costs incurred in
bringing its motion to compel. Rule 37(a)(5) provides “if the disclosure or requested
discovery is provided after the motion was filed – the court must ... require the party ...
whose conduct necessitated the motion ... to pay the movant’s reasonable expenses
incurred in making the motion, including attorney’s fees.” As written the Rule mandates
that the Court award fees where the responses to the discovery requests are provided
after the filing of the motion. The Rule provides an exception to the requirement that the
Court “must” award of attorney’s fees in situations where the court finds that the
“opposing party’s nondisclosure ... was substantially justified” or finds “other
circumstances make an award of expenses unjust.” Id. However, before the Court

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determines whether attorney’s fees should be awarded the Plaintiff will be provided with
an opportunity to file a response to Defendant’s request for fees. After the Court
receives Plaintiff’s response to Defendant’s request for fees the Court will enter a
further order addressing the issue of fees.
Accordingly, upon due consideration, it is ORDERED:
(1)

The Motion To Compel of Defendant Russell Hinote. (Doc. 24) is
GRANTED. Plaintiff shall provide full and complete responses to
Defendant’s Interrogatories and Request for Production on or before April
30, 2012.

(2)

Plaintiff shall file a response to Defendant’s request for attorney’s fees on
or before April 30, 2012.

DONE AND ORDERED this 16th day of April 2012.

s/ Gary R. Jones s/GaryR.Jone
GARY R. JONES
United States Magistrate Judge

Case No: 1:11-cv-77-MP-GRJ