Redmond-Nieves v. Okuma America Corporation et al

Filing 53

Magistrate Judge David H. Hennessy: ORDER entered. By 5:00 pm on Friday, July 20, 2018, Plaintiff shall file a copy of the requests for the discovery sought in the pending motion to compel and the responses thereto. Alternatively, if Plaintiff failed to serve such discovery requests, Plaintiff shall file a declaration to that effect. (DHH, law1)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

MONICA REDMOND-NIEVES,
Plaintiff,
v.
OKUMA AMERICA CORP., et al.
Defendants.

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CIVIL ACTION
NO. 16-12216-TSH

ORDER
July 18, 2018
Hennessy, M.J.
By Order of Reference dated June 27, 2018, pursuant to 28 U.S.C. § 636(b)(1)(A)
(Docket #47), this matter was referred to me for a ruling on Plaintiff Monica Redmond-Nieves’
Motion to Compel (Docket #36). In its opposition to the motion, Defendant Robert E. Morris
Company, LLC has indicated that no request for the discovery sought in the motion to compel
was properly served upon Defendants. (Docket #40 at 3).
Pursuant to Federal Rule of Civil Procedure 37(a)(3)(B), “a party seeking discovery may
move for an order compelling an answer, designation, production, or inspection.”1 This motion
may be made where:
(i) a deponent fails to answer a question asked under Rule 30 or 31;
(ii) a corporation or other entity fails to make a designation under Rule 30(b)(6) or
31(a)(4);
(iii) a party fails to answer an interrogatory submitted under Rule 33; or

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A party may also move to compel disclosure if another party fails to make a disclosure required by Federal Rule of
Civil Procedure 26(a). Fed. R. Civ. P. 37(a)(3)(A).

(iv) a party fails to produce documents or fails to respond that inspection will be
permitted – or fails to permit inspection – as requested under Rule 34.
Id. Based on Plaintiff’s description of the financial information she seeks, the court presumes
that the appropriate discovery mechanism would be a request for production pursuant to Federal
Rule of Civil Procedure 34. Rule 34 allows a party to serve on any other party a request to
produce designated documents or electronically stored information or any designated tangible
things. Fed. R. Civ. P. 34(a)(1).
Plaintiff is hereby directed to demonstrate that she timely served on Defendants a request
for the discovery that she now seeks to compel. By 5:00 pm on Friday, July 20, 2018, Plaintiff
shall file a copy of the subject requests and the responses thereto in compliance with Local Rule
37.1(b)(4). Alternatively, if Plaintiff failed to serve such discovery requests, Plaintiff shall file a
declaration with the court to that effect.

/S/ David H. Hennessy
David H. Hennessy
UNITED STATES MAGISTRATE JUDGE

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