Barfield v. Keller

Filing 23

ORDER GRANTING 22 Motion to Compel. Plaintiff's responses to discovery requests due by October 30, 2015. Signed by Magistrate Judge Donald G. Wilkerson on 10/9/15. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
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WILLIAM BARFIELD,
Plaintiff,
v.
MR. KELLER,
Defendant.

Case No. 3:15-cv-99-NJR-DGW

ORDER
WILKERSON, Magistrate Judge:
Now pending before the Court is the Motion to Compel filed by Defendant Brian Keller
on September 3, 2015 (Doc. 22). Defendant’s Motion is GRANTED.
Defendant served Plaintiff with his first set of interrogatories and first set of requests for
production of documents on June 30, 2015 (Docs. 22-1 and 22-2). Plaintiff failed to respond
within the thirty-day timeframe prescribed by Rule 33 and 34 of the Federal Rules of Civil
Procedure. In an effort to confer with Plaintiff regarding his failure to respond, Defendant sent
Plaintiff a letter on August 11, 2015 indicating that his discovery responses were overdue and
asking Plaintiff to respond by August 21, 2015 (Doc. 22-3). At the time Defendant’s motion was
filed, he had not yet received any response.
The Court has reviewed Defendant’s interrogatories and requests to produce and finds they
were properly served on Plaintiff. Rules 33 and 34 of the Federal Rules of Civil Procedure
prescribe that Plaintiff must respond to discovery requests within thirty days. Plaintiff has not
sought leave of Court for an extension of time to respond. Based on the foregoing, Defendant’s
Motion to Compel (Doc. 22) is GRANTED. Plaintiff is ORDERED to provide full and
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complete responses to Defendant’s interrogatories and requests for production of documents by
October 30, 2015. Plaintiff is WARNED that his failure to provide full and complete responses
by this date may result in sanctions, including dismissal of this lawsuit, pursuant to Rule 37.
IT IS SO ORDERED.
DATED: October 9, 2015

DONALD G. WILKERSON
United States Magistrate Judge

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