Johnson et al v. Bibb County Board of Education et al

Filing 13

ORDER granting 12 Motion to Compel ordered by Judge Clay D. Land on 10/06/2008. (lra)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION * VIOLET WHITBY JOHNSON and HAROLD JOHNSON, * Plaintiffs, vs. BIBB COUNTY BOARD OF EDUCATION, SHARON PATTERSON, in her individual and official capacities as Superintendent of Bibb County Public Schools, and LINDA HAYDEN, in her official and individual capacities as Deputy Superintendent of Bibb County Public Schools, and MIKE VAN WYCK, in his official and individual capacities as Assistant Superintendent of Bibb County Public Schools, Defendants. * * * * * * * * * * ORDER Presently pending before the Court is Defendants' Motion to Compel Initial Disclosures and Discovery from Plaintiffs (Doc. 12). Plaintiffs have filed no response to the motion to compel. For the CASE NO. 5:07-CV-425(CDL) following reasons, the Court grants Defendants' motion and awards Defendants their attorney fees incurred in having to file this motion. BACKGROUND Pursuant to the Scheduling Order entered in this case, Plaintiffs were required to serve initial disclosures by May 8, 2008. (Scheduling and Discovery Order 5, May 5, 2008.) 1 Plaintiffs failed to serve any initial disclosures and have not made any such disclosures to date. On June 6, 2008, Defendants served discovery (See Exs. C-L to Defs.' Mot. to Compel). failed to respond to those discovery requests on Plaintiffs. Plaintiffs requests. have likewise Defendants seek an order compelling Plaintiffs to serve their initial disclosures and to respond to the discovery requests. Defendants also seek recovery of their expenses of $660.00 which were incurred in having to bring this motion. DISCUSSION Federal Rule of Civil Procedure 26(a)(1)(C) provides, in pertinent part, that "[a] party must make the initial disclosures at or within [fourteen] days after the parties' Rule 26(f) conference unless a different time is set by stipulation or court order[.]" If a party fails to submit initial disclosures, "any other party may move to compel disclosure and for appropriate sanctions." Fed. R. Civ. P. 37(a)(3)(A). established that In this case, the Rule 16/26 Scheduling Order parties were required to serve initial both disclosures by May 8, 2008. Plaintiffs failed to meet this deadline Plaintiffs likewise and have still not made those disclosures. failed to respond to Defendants' discovery requests. Federal Rule of Civil Procedure 37(a)(3)(B) provides that "[a] party seeking discovery may move for an order compelling an answer, designation, production, or inspection[,]" if a party has failed to answer an interrogatory, failed to produce, or failed to permit an inspection. 2 Because Plaintiffs have failed to serve initial disclosures or respond to Defendants' discovery requests, Defendants' motion is granted. Accordingly, Plaintiffs are ordered to serve their initial discovery disclosures and their responses to Defendants' discovery requests within thirty days of today's Order. orders that Plaintiffs and their attorney, The Court further jointly, shall pay Defendants for their attorney fees in having to bring this motion in the amount of $660.00 and that payment shall be made to Defendants within thirty days of today's Order. Plaintiffs are notified that if they do not comply with the Court's order, their complaint shall be subject to dismissal. IT IS SO ORDERED, this 6th day of October, 2008. S/Clay D. Land CLAY D. LAND UNITED STATES DISTRICT JUDGE 3

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