MOORE v. GULF COAST PODIATRY PA

Filing 33

ORDER granting in part 29 Motion to Compel and denying in part Defendants request for attorneys fees is denied. Signed by MAGISTRATE JUDGE GARY R JONES on 11/21/11. (bkp)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
CHERYL MOORE.,
Plaintiff,
v.

CASE NO. 5:11-cv-111-RS -GRJ

GULF COAST PODIATRY, P.A.,
Defendant.
_____________________________/
ORDER
Pending before the Court is Defendant’s Motion To Compel Discovery
Responses. (Doc. 29.) Pursuant to prior notice the Court held a telephonic hearing on
November 28, 2011 to address the motion.
Defendant requests the Court to enter an order compelling Plaintiff to produce
additional records responsive to request to produce number six and to provide a more
complete response to interrogatory number 11. At the beginning of the hearing, counsel
for Defendant advised the Court that she and opposing counsel had resolved the two
issues relating to the incomplete discovery requests. Plaintiff has agreed to provide
additional documents responsive to request to produce number six and to certify that
Plaintiff does not have any other documents in her possession, custody or control
responsive to request to produce number six.
With regard to interrogatory number eleven, Plaintiff has provided a
supplemental response to this interrogatory which cures the deficiency. The
supplemental response was not sworn by Plaintiff and therefore Defendant requested
and Plaintiff has agreed to provide the supplemental response executed by Plaintiff

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under penalty of perjury or sworn to before a notary public.
Plaintiff is directed to provide to counsel for Defendant no later than November
28, 2011: (1) additional documents responsive to request to produce number six, (2) a
certification that Plaintiff does not have in her possession, custody or control any further
documents responsive to request to produce number six, and (3) the sworn
supplemental response to interrogatory number eleven.
Because the parties have resolved the issues in Defendant’s Motion to Compel
Discovery Responses, Defendant’s request for attorney’s fees pursuant to Rule
37(a)(5)(A) is due to be denied.
Accordingly, upon due consideration, it is ORDERED:
Defendant’s Motion To Compel Discovery Responses (Doc. 29) is due to be
GRANTED to the limited extent that Plaintiff shall provide the additional
discovery responses agreed to by Plaintiff, and detailed in this order, on or
before November 28, 2011. Defendant’s request for attorney’s fees is denied.
DONE AND ORDERED this 21st day of November, 2011.

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

Case No: 5:11-cv-111-RS -GRJ