Peters v. State Farm Fire and Casualty Company

Filing 10

ORDER granting 9 Defts Motion to Compel responses to discovery with reasonable costs not be exceed $250.00, excluding attys fees, to be borne by pltf, and pltf is ORDERED to file responses to outstanding discovery by 6/24/2011. No attys fees are awarded at this time, however, repeated failure to respond to discovery may result in additional sanctions, including attys fees. Signed by Magistrate Judge Docia L Dalby on 5/25/2011. (JDL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
VERONICA PETERS

CIVIL ACTION

VERSUS

NUMBER 10-698-BAJ-DLD

STATE FARM FIRE AND CASUALTY
COMPANY
ORDER
This matter is before the court on a referral from the district court on defendant's
motion to compel responses to discovery (rec. doc. 9), filed herein on April 27, 2011.
According to Local Rule 7.2, any opposition to this motion was required to be filed within
twenty-one (21) days after service. Plaintiff's response to the motion was due May 18,
2011, but as of May 24, 2011, the court has not received such response.
Defendant stated that it propounded discovery to plaintiff on November 1, 2010, but
acknowledged that plaintiff’s response to the discovery was not due until March 17, 2011,
as a scheduling order was not issued in this matter until February 15, 2011.1 Defendant
also stated that a discovery conference was held on March 28, 2011 (rec. doc. 9-1, pg. 2),
and plaintiff agreed to provide responses by April 11, 2011. However, no responses have
been received by defendant to date.
In light of plaintiff’s failure to respond both to the discovery and to this motion in a
timely fashion, defendant’s motion is GRANTED with reasonable costs not to exceed $250,
excluding attorneys’ fees, to be borne by plaintiff, and plaintiff is ORDERED to file
responses to outstanding discovery on or before June 24, 2011. No attorneys’ fees are
1

This court requires that any m eeting of the parties prior to the scheduling conference be held in tim e
to perm it the report of the m eeting to be filed with the court no later than two days prior to the date of the
scheduling conference. Local Rule 26.2. Further, under F.R.C.P. 26(d), a party m ay not seek discovery from
any source before the parties have conferred as required by Rule 26(f). Thus, any discovery request
propounded before the m eeting of the parties is prem ature, and the requests would not be ripe for response
until after the filing of the status report in accordance with Local Rule 26.2.

awarded at this time, however, repeated failure to respond to discovery may result in
additional sanctions, including the awarding of attorneys’ fees.
Signed in Baton Rouge, Louisiana, on May 25, 2011.

D

MAGISTRATE JUDGE DOCIA L. DALBY

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