SHOCK v. AEROSPACE INTEGRATION CORPORATION

Filing 53

ORDER re 41 MOTION to Compel Discovery filed by KARL W SHOCK, 43 Memorandum in Opposition to Motion, filed by AEROSPACE INTEGRATION CORPORATION - On or before TUESDAY, FEBRUARY 24, 2009, Plaintiff shall file notice with the court indicating which, if any, of the issues raised in Pltf's motion to compel remain in dispute. Alternatively, Pltf shall file amended motion to compel. Miscellaneous (Notice to Court) Deadline - by 2/24/2009 ; Alternatively, Amended Pleadings due by 2/24/2009. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on February 18, 2009. (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION KARL W. SHOCK, Plaintiff, v. AEROSPACE INTEGRATION CORPORATION, Defendant. _______________________________/ ORDER This cause is before the court upon Plaintiff's Motion to Compel Discovery and Defendant's response thereto (Docs. 41, 43). Plaintiff contends that Defendant has failed to respond to numerous requests for production of documents ("RFPs") (see Doc. 41). Plaintiff states, however, that although Defendant raised general objections to many of Plaintiff's discovery requests, Defendant agreed to provide the documents at a "mutually-agreeable time, date, and place, or will provide photocopies of such documents at plaintiff's request" (id. at 6). Plaintiff now seeks an order compelling Defendant to respond to the RFPs and seeks an award of expenses associated with the filing of the instant motion (id. at 8). In response to Plaintiff's motion, Defendant asserts that Plaintiff's motion was filed "solely to harass defense counsel," and Defendant implies that the matters raised in Plaintiff's motion have been resolved (see Doc. 43). Because Defendant's response suggests that some, if not all, of the issues raised in Plaintiff's motion to compel have been resolved, Plaintiff shall be required to file a notice with the court indicating which, if any, issues remain in dispute and require resolution by the court. In the alternative, if any issues remain unresolved, Plaintiff shall file an amended motion to compel Case No. 3:08cv304/RV/EMT

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including only those issues that remain in dispute.1 Accordingly, it is ORDERED that: On or before TUESDAY, FEBRUARY 24, 2009, Plaintiff shall file a notice with the court indicating which, if any, of the issues raised in Plaintiff's motion to compel remain in dispute. Alternatively, and within the same time, Plaintiff shall file an amended motion to compel. DONE AND ORDERED this 18th day of February 2009.

/s/ Elizabeth M. Timothy ELIZABETH M. TIMOTHY UNITED STATES MAGISTRATE JUDGE

Plaintiff's notice or amended motion should not include matters related to Defendant's request for "proper damages computations," that is the subject of another motion to compel presently under advisement by the undersigned (see Docs. 39, 44).
Case No.: 3:08cv304/RV/EMT

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