LEAK v. GENERAL MOTORS LLC

Filing 12

ORDER denying 10 Motion to Dismiss and granting Motion to Compel. Ordered by U.S. District Judge Clay D. Land on 11/06/2013. (CGC)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
JAMES G. LEAK, JR.,

*

Plaintiff,

*

vs.

*

GENEAL MOTORS, LLC,

*

Defendant.

CASE NO. 4:12-CV-282 (CDL)

*
O R D E R

The Court entered a Scheduling and Discovery Order in this
action on February 15, 2013.
deadline

for

the

parties

That Order set a March 15, 2013
to

exchange

initial

disclosures.

Defendant represents that Plaintiff has not served his initial
disclosures.

In

addition,

Plaintiff

has

not

responded

to

Defendant’s interrogatories and requests for production, which
Defendant served on Plaintiff on March 12, 2013.
Defendant filed a Motion to Dismiss (ECF No. 10), asking
the Court to dismiss this action for failure to prosecute and
because Plaintiff failed to satisfy his discovery obligations.
In

the

Plaintiff
declines

alternative,
to
to

Defendant

seeks

satisfy

his

discovery

dismiss

the

action

Defendant’s motion to compel.

at

an

order

obligations.
this

time

compelling
The
but

Court
grants

Plaintiff shall serve his initial

disclosures and fully respond to Defendant’s discovery requests

on or before November 27, 2013.
with

this

Order

by

Defendant

may

renew

Complaint

will

be

satisfying
its

motion

dismissed.

If Plaintiff does not comply
his
to

discovery

dismiss,

Defendant’s

obligations,

and

Plaintiff’s

expert

disclosure

deadline will remain stayed until after Plaintiff provides his
initial disclosures and full responses to Defendant’s discovery
requests.

IT IS SO ORDERED, this 6th day of November, 2013.
S/Clay D. Land
CLAY D. LAND
UNITED STATES DISTRICT JUDGE

2