Sandres v. LA Workforce Commission et al

Filing 75

RULING & ORDER granting 74 Pltfs Motion to Compel and deft, MV Tech Auto Work, LLC, shall provide complete responses to pltfs Interrogatories and Requests for Production of Documents within 15 days of the date of this Order. FURTHER ORDERED that a copy of this Order shall be served upon MV TechAuto Work, LLC. Signed by Magistrate Judge Christine Noland on 10/27/2011. (JDL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
NAOMI SANDRES

CIVIL ACTION

VERSUS
MV TECH AUTO WORK, LLC

NO. 09-652-BAJ-CN
RULING & ORDER

This matter is before the Court on the Motion to Compel (R. Doc. 74) filed by
plaintiff, Naomi Sandres (“Sandres”), wherein she seeks an Order compelling defendant,
MV Tech Auto Work, LLC (“MV Tech”), to provide responses to the interrogatories and
requests for production of documents that she propounded upon that entity over a month
ago. MV Tech has not filed an opposition to Sandres’ motion.
LAW & ANALYSIS
Local Rule 7.5M of the Middle District of Louisiana requires that memoranda in
opposition to a motion be filed within twenty-one (21) days after service of the motion. The
rule specifically provides:
LR7.5M

Response and Memorandum

Each respondent opposing a motion shall file a response,
including opposing affidavits, memorandum, and such
supporting documents as are then available, within 21 days
after service of the motion. Memoranda shall contain a concise
statement of the reasons in opposition to the motion, and a
citation of authorities upon which the respondent relies. For
good cause appearing therefor, a respondent may be required
to file a response and supporting documents, including
memoranda, within such shorter or longer period of time as the
court may order, upon written ex parte motion served on all
parties.

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MV Tech Auto Work, LLC

The present motion was filed on October 5, 2011, and the Certificate of Service attached
to the motion indicates that the motion was sent by U.S. Mail to MV Tech on October 4,
2011. Over twenty-one (21) days have elapsed since the service of the motion, and MV
Tech has failed to file any opposition. The motion is therefore deemed to be unopposed.
In addition to being unopposed, because MV Tech failed to timely submit any
responses or objections to Sandres’ discovery requests, the Court finds that this motion
has merit. Pursuant to Fed. R. Civ. P. 33 and 34, a party upon whom interrogatories and
requests for production of documents have been served shall serve a copy of the answers,
and objections, if any, to such discovery requests within thirty (30) days after the service
of the requests. Fed. R. Civ. P. 33 and 34. A shorter or longer time may be directed by
court order or agreed to in writing by the parties. Id. Because MV Tech did not produce
written responses or objections to Sandres’ discovery requests within thirty (30) days after
they were served and did not obtain an extension of time within which to respond from
Sandres or from the Court, the present motion to compel will be granted. MV Tech will be
ordered to produce complete responses to Sandres’ discovery requests within fifteen (15)
days of this Order.
Accordingly;

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IT IS ORDERED that the Motion to Compel (R. Doc. 74) filed by plaintiff, Naomi
Sandres, is hereby GRANTED and that defendant, MV Tech Auto Work, LLC, shall provide
complete responses to plaintiff’s Interrogatories and Requests for Production of Documents
within fifteen (15) days of the date of this Order.
IT IS FURTHER ORDERED that a copy of this Order shall be served upon MV Tech
Auto Work, LLC, 7273 Greenwell Springs Road, Baton Rouge, LA 70805.
Signed in chambers in Baton Rouge, Louisiana, October 27, 2011.

MAGISTRATE JUDGE CHRISTINE NOLAND

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