Linthicum et al v. Mendakota Insurance Company

Filing 54

ORDER denying without prejudice 30 Motion to Compel; denying without prejudice 31 Motion to Compel Compliance with Discovery Order. Signed by Magistrate Judge G. R. Smith on 10/20/2015. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
CYNTHIA DYCHES
)
LINTHICUM and
CHRISTOPHER MARTIN
LINTHICUM,
Natural Parents of TRISTAN A.
LINTHICUM,
Deceased, as Assignees of
BOBBY JAMES,
Plaintiffs,

Case No. CV415-023

v.
MENDAKOTA INSURANCE
COMPANY,
Defendant.

ORDER
Before the Court is the plaintiffs’ second motion to compel
defendant’s discovery responses, plus a separate motion to compel
compliance with this Court’s prior discovery Order. Docs. 30 & 31.
Defendant opposes. Docs. 34 & 41. Familiarity with that prior
Order, doc. 28, reported at 2015 WL 4567106, is presumed. Since
that Order, the instant motions, and defendant’s responses,
defendant has filed a case-dispositive summary judgment motion.

Doc. 49. Having reviewed it, the Court concludes that it is not only
well supported, but what plaintiffs seek likely will be mooted if the
district judge awards defendant summary judgment.
Accordingly, the Court DENIES plaintiffs’ motions (docs. 30
& 31) WITHOUT PREJUDICE to renew them it they are not
mooted by the district judge’s summary-judgment ruling. Either
party, for that matter, is free to invoke Fed. R. Civ. P. 56(d) if in
fact discovery of more information can reasonably be shown to
affect summary judgment in its favor.

See McCleod v. Nat’l R.R.

Passenger Corp., 2014 WL 1616414 at * 2 (S.D. Ga. Apr. 22, 2014).

SO ORDERED , this 20th day of October, 2015.

UNITED STATES MAGISTRATE ILJDGE
SOUTHERN DISTRICT OF GEORGIA

2