Dyer, III v. LJ Ross Associates, Inc.
ORDER GRANTING as UNOPPOSED Defendant's 6 Motion to Compel--Signed by Magistrate Judge Anthony P. Patti. (MWil)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
STAFFORD DYER, III,
Case No. 2:16-cv-13660
District Judge George Caram Steeh
Magistrate Judge Anthony P. Patti
LJI ROSS ASSOCIATES,
ORDER GRANTING DEFENDANT’S MOTION TO COMPEL AS
UNOPPOSED (DE 6) AND SETTING SHOW CAUSE HEARING
This matter is before the Court for consideration of Defendant’s March 1,
2017 motion to compel Plaintiff to provide complete responses to discovery
requests and appear for his previously noticed deposition. Defendant served
Plaintiff with its Interrogatories and Requests for Production of Documents on
January 19, 2017, along with a notice of deposition, scheduled for February 24,
2017. (DE 6 at 3-4.) On February 22, 2017, Plaintiff indicated that he “had not
decided” if he would attend his deposition. On that call, counsel informed Plaintiff
that he could mail his responses in the pre-paid envelope sent with the requests or
bring them to his deposition. Later that day, Plaintiff informed counsel that he
would not attend the deposition or respond to the discovery requests. (DE 6-3.) In
addition to an order requiring Plaintiff to attend his deposition and respond to the
discovery requests, Defendant asks the Court to extend discovery by 30 days and
award costs associated with filing the motion pursuant to Federal Rule of Civil
Under Eastern District of Michigan Local Rule 7.1(e)(2)(b), Plaintiff’s
response in opposition was due fourteen days after the motion was served, or
March 16, 2017. To date, no response has been filed. Accordingly, Defendant’s
motion is GRANTED AS UNOPPOSED. (DE 6.) Plaintiff is ordered to provide
complete responses to Defendant’s discovery requests ON OR BEFORE APRIL
4, 2017 and to appear for a deposition at a time and date of Defendant’s choosing,
but to take place before APRIL 18, 2017. The scheduling order will be revised as
Discovery shall be completed ON OR BEFORE MAY 1, 2017.
Dispositive motions shall be filed ON OR BEFORE JUNE 1, 2017.
The remainder of the current scheduling order is vacated and the dates for the final
pretrial conference and trial will be set at a later date. (DE 3.)
Finally, pursuant to Rule 37, where a motion to compel is granted, the Court
“must, after giving an opportunity to be heard, require the party . . . whose conduct
necessitated the motion . . . to pay the movant’s reasonable expenses incurred in
making the motion, including attorney’s fees.” Fed. R. Civ. P. 37(a)(5)(A).
Plaintiff is therefore ORDERED to show cause as to why the Court should not
award costs in this matter. Further, if Plaintiff fails to provide discovery responses
and/or again refuses to appear for his deposition, he must be prepared to show
cause as to why this Court should not dismiss his case for failure to prosecute.
Plaintiff must appear in person for the show cause hearing on WEDNESDAY,
APRIL 26 at 10:00 A.M., at the United States District Court, Theodore Levin
U.S. Courthouse, 231 W. Lafayette Boulevard, Room 624, Detroit, Michigan.
IT IS SO ORDERED.
Dated: March 23, 2017
s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE
I hereby certify that a copy of the foregoing document was sent to parties of record
on March 23, 2017, electronically and/or by U.S. Mail.
Case Manager to the
Honorable Anthony P. Patti
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