Brown v. Louisiana State Senate et al

Filing 18

ORDER granting 15 Motion to Compel Answers to Interrogatories and Request for Production of Documents and Initial Disclosures. Signed by Magistrate Judge Stephen C. Riedlinger on 11/20/2012. (CGP)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

ANN S. BROWN
CIVIL ACTION
VERSUS
NUMBER 11-620-BAJ-SCR
LOUISIANA STATE SENATE, ET AL
RULING ON DEFENDANTS’ MOTION TO COMPEL DISCOVERY
Before the court is the Defendants’ Motion to Compel Answers
to Interrogatories and Request for Production of Documents and
Initial Disclosures filed by defendants Joel T. Chaisson, II and
the State of Louisiana through the Louisiana State Senate.
document number 15.

Record

No opposition has been filed.

Defendants’ motion shows that despite a deadline of March 28,
2012,

the

Defendants

plaintiff
served

failed
the

to

make

plaintiff

her

with

initial
their

disclosures.1

First

Set

of

Interrogatories and Requests for Production of Documents on March
29, 2012.2

As of the time of filing this motion the plaintiff had

also failed to provide any answers or documents in response to
these discovery requests. Despite the defendants’ repeated efforts
to obtain the disclosures and discovery responses,3 the plaintiff
still has not fulfilled any of her discovery obligations.

1

Record document number 13, item B.

2

Nor has

Record document number 15-2, exhibit A.

3

Record document number 15-3, exhibit B, and record document
number 15-4, exhibit C.

the plaintiff responded to this motion or otherwise furnished any
information indicating when the disclosures/discovery responses
will be provided.

In these circumstances, under Rule 37(b) and

(d)(1)(A), Fed.R.Civ.P., the defendants are entitled to an order
compelling

the

plaintiff

to

respond

and

imposing

sanctions.

Plaintiff will be required to provide the initial disclosures,
answer the interrogatories, and produce responsive documents for
inspection and copying within 14 days.

No objections will be

allowed.4 Rule 37(d)(3) incorporates the sanctions available under
Rule 37(b)(2)(A)(i)-(vi).

However, other than recovery of the

expenses incurred in filing the motion the defendants did not seek
additional sanctions.
With regard to the recovery of expenses, under Rule 37(d)(3)
the court must require the party failing to act, or the attorney
advising that party, or both, to pay the reasonable expenses,
including attorney’s fees caused by the failure unless the failure
was substantially justified or other circumstances make an award of
expenses unjust.

Defendants’ motion shows that a good faith

attempt was made to obtain the disclosures and discovery responses
without court action.

Plaintiff never responded to this motion or

otherwise offer any explanation for the failure to cooperate and

4

Generally, discovery objections are waived if a party fails
to timely object to interrogatories, production requests or other
discovery efforts.
See, In re U.S., 864 F.2d 1153, 1156 (5th
Cir.), reh’g denied, 869 F.2d 1487 (5th Cir. 1989); Godsey v. U.S.,
133 F.R.D. 111, 113 (S.D. Miss. 1990.)
2

provide her discovery.
plaintiff’s

Nothing in the record indicates that the

failure

circumstances

that

was

would

substantially
make

an

award

justified
of

expenses

or

any

unjust.

Therefore, the defendants are entitled to reasonable expenses under
Rule 37(d)(3).

Defendants did not claim a specific amount for the

time expended in filing this motion.
motion and memorandum supports

However, a review of the

the conclusion that an award of

$250.00 is reasonable.
Accordingly, the Defendants’ Motion to Compel Answers to
Interrogatories and Request for Production of Documents and Initial
Disclosures is granted.
Plaintiff shall serve the initial disclosures, answers to
interrogatories,

and

produce

for

inspection

and

copying

all

documents responsive to the defendants’ requests for production,
without objections, within 14 days. Pursuant to Rule 37(d)(3), the
plaintiff is also ordered to pay to the defendants, within 14 days,
reasonable expenses in the amount of $250.00.
Baton Rouge, Louisiana, November 20, 2012.

STEPHEN C. RIEDLINGER
UNITED STATES MAGISTRATE JUDGE

3