Felder's Collision Parts, Inc. v. General Motors Company et al

Filing 47

RULING granting 43 Motion to Compel Responses to Requests for Production of Documents and denying as moot 44 Ex Parte Motion for Expedited Consideration of Motion to Compel Responses to Requests for Production of Documents. Signed by Magistrate Judge Stephen C. Riedlinger on 08/27/2013. (CGP)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

FELDER’S COLLISION PARTS, INC.
CIVIL ACTION
VERSUS
NUMBER 12-646-JJB-SCR
GENERAL MOTORS COMPANY, ET AL
RULING ON MOTION TO COMPEL DISCOVERY
Before the court is a Motion to Compel Responses to Requests
for Production of Documents filed by plaintiff Felder’s Collision
Parts, Inc. Record document number 43. Plaintiff also filed an Ex
Part

Motion

for

Expedited

Consideration

of

Motion

to

Compel

Responses to Requests for Production of Documents. Record document
number 44.

The motions are not opposed.

Plaintiff filed this motion on August 2, 2013 to compel
defendants All Star Advertising Agency, Inc., All Star Chevrolet
North, L.L.C., and All Star Chevrolet, Inc., to produce their
responses to Requests for Production of Documents and Second Set of
Requests for Production of Documents which were served on May 28
and

30,

2013,

respectively.

Plaintiff

asserted

that

the

defendants’ attorney was contacted multiple times via telephone and
email

throughout

June

and

July

2013

to

defendants would provide their responses.

determine

when

the

Plaintiff did not

receive any responses or additional correspondence after August 1,
2013 and subsequently filed this motion.
Defendants failure to respond to this motion or otherwise

furnished any information indicating when the responsive documents
will be provided to the plaintiff demonstrates that an order
compelling production of the requested responses is warranted under
Rule 37(d)(1)(A), Fed.R.Civ.P.

Defendants will be required to

produce responsive documents for inspection and copying within 14
No objections will be allowed.1

days.

Under

Rule

37(b)(2)(A)(i)-(vi)

37(d)(3),
may

be

sanctions
imposed

on

available
a

party

under
whose

Rule

conduct

necessitated the motion and also requires the party failing to act
to pay reasonable expenses, including attorney’s fees, caused by
the failure, unless the failure was substantially justified or the
circumstances make an award of expenses unjust. Plaintiff’s motion
shows that a good faith attempt was made to obtain the responses
without court action.

Nothing in the record indicates that the

defendants’

was

circumstances

failure
that

would

substantially
make

an

award

justified
of

or

expenses

any

unjust.

Plaintiff did not claim a specific amount of expenses incurred in
filing this motion. A review of the motion and memorandum supports
the conclusion that an award of $250.00 is reasonable.

Plaintiff

did not seek any additional sanctions.
Accordingly, the Motion to Compel Responses to Requests for

1

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

Production of Documents filed by plaintiff Felder’s Collision
Parts, Inc. is granted.

Defendants shall produce for inspection

and copying all documents responsive to the plaintiff’s Requests
for

Production

Production

of

of

Documents

Documents,

and

without

Second

Set

objections,

of

Requests

within

14

for

days.

Pursuant to Rule 37(d)(3), the defendants are ordered to pay to the
defendants, within 14 days, reasonable expenses in the amount of
$250.00. Plaintiff’s Ex Part Motion for Expedited Consideration of
Motion to Compel Responses to Requests for Production of Documents
is denied as moot.
Baton Rouge, Louisiana, August 27, 2013.

STEPHEN C. RIEDLINGER
UNITED STATES MAGISTRATE JUDGE

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