Warner v. Chrysler Group, LLC et al

Filing 27

RULING granting 26 Motion to Compel Discovery Responses. Plaintiff Frederick Lamont Warner shall serve his answers to the defendant's Interrogatories and produce documents responsive to the defendant's Request for Production of Documen ts, without objections and within 14 days. Pursuant to Rule 37(d)(3), the plaintiff shall pay to the defendant, within 14 days, its reasonable expenses in the amount of $300.00. Signed by Magistrate Judge Stephen C. Riedlinger on 6/16/2015. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

FREDERICK LAMONT WARNER
CIVIL ACTION
VERSUS
NUMBER 14-601-SDD-SCR
CHRYSLER GROUP, LLC, ET AL.
RULING MOTION TO COMPEL DISCOVERY
Before the court is a Motion to Compel Discovery filed by
defendant

Louisiana

document number 26.

Dealer

Services

Insurance,

Inc.

Record

No opposition has been filed.

Defendant filed this motion to compel plaintiff Frederick
Lamont Warner to respond to its Interrogatories and Request for
Production of Documents served on November 10, 2014.1

Defendant

contacted the plaintiff’s counsel on March 17, 2015 and requested
that a Rule 37(a)(1), Fed.R.Civ.P., conference be held on March 24,
2015 to discuss the outstanding discovery requests.2

At the

conference the plaintiff’s counsel informed the defendant’s counsel
that the discovery responses would be produced on or before April
6, 2015.3

After no responses were received by that date, the

defendant’s counsel emailed the plaintiff’s counsel on April 7,

1

Record document number 26-2, Exhibit A; record document
number 26-3, Exhibit B.
2

Record document number 26-4, Exhibit C.

3

Record document number 26-5, Exhibit D.

2015 to notify him that a motion to compel would be filed.4
Defendant filed this motion to compel on May 14, 2015.
Despite

the

defendant’s

efforts

to

obtain

his

discovery

responses, the plaintiff did not serve answers to interrogatories
or produce responsive documents.

Nor has the plaintiff responded

to this motion or otherwise furnished any information indicating
when his discovery responses will be provided.
In these circumstances, under Rule 37(a)(3) and (d)(1)(A),
Fed.R.Civ.P., the defendant is entitled to an order requiring the
plaintiff to respond and imposing sanctions.

Plaintiff will be

required to answer the interrogatories and produce responsive
documents within 14 days.

No objections will be allowed.5

Under Rule 37(d)(3) the court must require the party who fails
to serve its discovery responses, 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.

Rule 37(d)(3) also incorporates the sanctions

available under Rule 37(b)(2)(A)(i)-(vi). Defendant’s motion shows
that

a

good

faith

attempt

was

responses without court action.

4

made

to

obtain

the

discovery

Nothing in the record indicates

Record document number 26-6, Exhibit E.

5

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

that the plaintiff’s failure was substantially justified or that
there are any circumstances which would make an award of expenses
unjust.

Therefore,

the

defendant

expenses under Rule 37(d)(3).

is

entitled

to

reasonable

Defendant 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
$300.00 is reasonable.
Accordingly, the Liberty Mutual Insurance Company’s Motion to
Compel Discovery Responses is granted.

Plaintiff Frederick Lamont

Warner shall serve his answers to the defendant’s Interrogatories
and produce documents responsive to the defendant’s Request for
Production of Documents, without objections and within 14 days.
Pursuant

to

Rule

37(d)(3),

the

plaintiff

shall

pay

to

the

defendant, within 14 days, its reasonable expenses in the amount of
$300.00.
Baton Rouge, Louisiana, June 16, 2015.

STEPHEN C. RIEDLINGER
UNITED STATES MAGISTRATE JUDGE

3