WALTON v. CHEROKEE NATION RED WING LLC

Filing 16

ORDER denying 15 Motion to Dismiss; granting 15 Motion to Compel; granting 15 Motion for Limited Extension of Time to Complete Discovery (limited discovery shall close 2/27/2018; dispositive motions due by 4/13/2018). Plaintiff is instructed that if she fails to serve her initial disclosures and if she fails to respond to Defendant's written discovery requests by December 29, 2017, her Complaint will be dismissed under Federal Rule of Civil Procedure 37. Ordered by US DISTRICT JUDGE CLAY D LAND on 12/07/2017. (CCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
DEBRA WALTON,

*

Plaintiff,

*

vs.

*

CHEROKEE NATION RED WING, LLC,

*

Defendant.

CASE NO. 4:17-CV-61 (CDL)

*
O R D E R

Plaintiff Debra Walton, who is proceeding pro se, filed this
employment discrimination action against Defendant Cherokee Nation
Red Wing, LLC.

Although Plaintiff conferred with Defendant to

develop a proposed scheduling order, she failed to serve initial
disclosures

on

Defendant

and

failed

to

respond

to

Defendant’s

written discovery requests despite many reminders from Defendant.
Defendant filed a motion to dismiss Plaintiff’s action based on
these failures (ECF No. 15).

In the alternative, Defendant asks

the Court to compel Plaintiff to serve her initial disclosures and
respond

to

Defendant’s

written

discovery

requests

(First

Interrogatories to Plaintiff and First Request for Production of
Documents).
The
time,

Court

but

Plaintiff

Plaintiff did not respond to Defendant’s motion.

the
is

declines
Court

ordered

to

dismiss

grants
to

serve

Plaintiff’s

action

Defendant’s

motion

her

disclosures

initial

to

at

this

compel.
and

to

respond to Defendant’s written discovery requests by December 29,

2017.

Plaintiff is instructed that if she fails to serve her

initial disclosures and if she fails to respond to Defendant’s
written discovery requests by December 29, 2017, her Complaint
will be dismissed under Federal Rule of Civil Procedure 37.
Defendant

seeks

a

limited

closed on November 16, 2017.

extension

of

discovery,

which

Discovery shall be extended for the

limited purpose of permitting Defendant to (1) receive Plaintiff’s
initial disclosures and written discovery responses and (2) take
Plaintiff’s deposition.
on February 27, 2018.

This limited discovery period shall close
Dispositive motions are due by April 13,

2018.
Finally, Defendant notified the Court that Plaintiff asked
that

all

correspondence

from

Defendant

be

sent

to

two

email

addresses ([e-mail] and [e-mail]) and not
to the mailing address listed on the Court’s docket.

The Clerk is

nonetheless instructed to mail a copy of this order to Plaintiff’s
address as listed on the docket and to ensure that a notice of
electronic

filing

regarding

addresses Plaintiff provided.

this

order

is

sent

to

both

email

Plaintiff is instructed to notify

the Court of her new mailing address.
IT IS SO ORDERED, this 7th day of December, 2017.
S/Clay D. Land
CLAY D. LAND
CHIEF U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA

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