HUGHES v. POLAR CORP
Filing
39
ORDER granting 36 Motion to Compel; granting in part and denying in part 38 Motion to Take Deposition from Plaintiff Jeremy Hughes. Plaintiff is hereby ORDERED to respond to Defendants discovery requests within fourteen (14) days of the date of this Order. Ordered by US DISTRICT JUDGE C ASHLEY ROYAL on 11/14/2017 (lap)
IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
JEREMY HUGHES,
:
:
Plaintiff,
:
:
v.
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:
No. 5:16‐CV‐72 (CAR)
POLAR CORP. (MA),
:
:
Defendant.
:
___________________________________ :
ORDER ON DEFENDANT’S MOTIONS TO COMPEL AND FOR LEAVE TO
TAKE DEPOSITION
Before the Court are Defendant Polar Corp.’s Motion to Compel Discovery
Responses and to Deem Certain Matters Admitted and Motion for Leave to Take
Deposition of Plaintiff Confined in Prison. For the reasons explained below,
Defendant’s Motion to Compel [Doc. 36] is GRANTED, and Defendant’s Motion for
Leave to Take Plaintiff’s Deposition [Doc. 38] is GRANTED‐IN‐PART and DENIED‐
IN‐PART. It is GRANTED as to Defendant taking Plaintiff’s deposition, but DENIED
as to the deposition being at Plaintiff’s expense.
BACKGROUND
On February 16, 2016, Plaintiff, represented by counsel, filed this action against
his former employer Polar Corp. for violations of the Family and Medical Leave Act
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and the Americans with Disabilities Act. Approximately two months after filing his
Complaint, in April 2016, Plaintiff was arrested and incarcerated. Thereafter, Plaintiff’s
counsel moved to withdraw his representation. The Court granted counsel’s request,
stayed discovery, and granted Plaintiff an extension of time to find new counsel.
Plaintiff remains in custody in Florida, and, having not found counsel, is proceeding pro
se.
Defendant served Plaintiff with its first discovery requests on June 13, 2013.
Although, Plaintiff’s responses were due on July 17, 2017, he failed to respond. On July
24, 2017, Defendant wrote Plaintiff and informed him that if he did not respond by
August 7, 2017, Defendant would file a motion to compel with the Court. Plaintiff still
did not respond. Thus, on August 8, 2017, Defendant contacted the Court to request a
discovery conference, and on August 14, 2017, the Court advised Defendant it could file
an appropriate motion. Three days later, on August 17, 2017, Defendant filed this
Motion to Compel Plaintiff.
Approximately, three weeks after Defendant filed its Motion to Compel, on
September 13, 2017, Plaintiff filed responses to Defendant’s discovery requests.
However, they are incomplete. Plaintiff responded to Defendant’s requests for
interrogatories and provided documents connected to those responses, but he did not
respond to Defendant’s request for production of documents and requests for
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admissions. Defendant now seeks to compel Plaintiff to respond to the discovery
requests that are incomplete.
DISCUSSION
1. Motion to Compel
Generally, a district court’s decision to compel discovery is not an abuse of
discretion where the items requested are arguably relevant to the case.1 “Parties may
obtain discovery regarding any nonprivileged matter that is relevant to any partyʹs
claim or defense.”2 The information sought need not be admissible at trial but must be
likely to lead to relevant admissible information. 3
Here, the information Defendant requested is relevant to the instant case.
Furthermore, Defendant has complied with Federal Rule 37(a) and Local Rule 37 by
including a certification that Defendant attempted in good faith to confer with Plaintiff
regarding his failure to respond to discovery requests and attached their
correspondence. Therefore, the Court concludes that Plaintiff should produce all the
requested information contained in Defendant’s Motion to Compel. Plaintiff is hereby
DIRECTED to respond to Defendant’s discovery requests within fourteen days of the
See Maddow v. Procter & Gamble Co., Inc., 107 F.3d 846, 853 (11th Cir. 1997).
United States v. Varnado, 447 F. Appʹx 48, 50 (11th Cir. 2011) (internal quotation omitted)
(quoting Fed.R.Civ.P. 26(b)(1)).
3 Fed. R. Civ. P. 26(b)(1).
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2
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date of this Order. Failure to comply with this Order will result in Defendant’s
requests for admissions being deemed admitted and may result in sanctions such as
“striking pleadings in whole or in part; staying further proceedings until the order is
obeyed; or dismissing the action or proceeding in whole or in part.”4
2. Motion for Leave to Take Deposition of Plaintiff Confined in Prison
Defendant also seeks leave to take Plaintiff’s deposition while he is confined in
prison. Rule 30(a)(2)(B) requires a party to obtain leave of court to take a deposition “if
the deponent is confined in prison.”5 After reviewing the Motion, the Court finds
Plaintiff’s deposition is essential to understanding the details of his claim against
Defendant. Accordingly, Defendant’s Motion [Doc. 38]. is GRANTED. However,
Defendant also seeks to depose Plaintiff at Plaintiff’s own expense. This request is
DENIED.
CONCLUSION
Based on the foregoing, Defendant’s Motion to Compel [Doc. 20] is
GRANTED. Plaintiff is hereby ORDERED to respond to Defendant’s discovery
requests within fourteen (14) days of the date of this Order. Defendant’s Motion for
Leave to Take Plaintiff’s Deposition [Doc. 38] is GRANTED‐IN‐PART and DENIED‐
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Fed. R. Civ. P. 37(b)(2).
Fed. R. Civ. P 30(a)(2)(B).
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IN‐PART. It is GRANTED as to Defendant taking Plaintiff’s deposition, but DENIED
as to the deposition being at Plaintiff’s expense.
SO ORDERED, this 14th day of November, 2017.
S/ C. Ashley Royal
C. ASHLEY ROYAL, SENIOR JUDGE
UNITED STATES DISTRICT COURT
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