Housey v. Northwestern Mutual Life Insurance Company

Filing 11

ORDER GRANTING DEFENDANT'S 9 Motion to Compel - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ELIZABETH HOUSEY,
Plaintiff,

No. 16-14302

v.

District Judge Paul D. Borman
Magistrate Judge R. Steven Whalen

NORTHWESTERN MUTUAL LIFE
INSURANCE COMPANY,
Defendant.
/
ORDER
On September 8, 2017, Defendant filed a motion to compel discovery [Doc. #9],
stating that Plaintiff has not responded to interrogatories and document requests, and has
not provided a date for her deposition.
Plaintiff has not responded to Defendant’s motion, although the time for doing so
has passed. In addition, because more than 30 days have passed since Defendant served
its discovery requests on April 27, 2017, Plaintiff has waived any objections. See Jagielo
v. Van Dyke Public Schools, 2010 WL 259053, *2 (E.D. Mich. 2010); Fed.R.Civ.P. 34(b).
Therefore, this motion is deemed unopposed.
Accordingly, Defendant’s motion to compel [Doc. #9] is GRANTED.1
No later than 21 days from the date of this Order, Plaintiff will serve responses to
Defendant’s First Set of Interrogatories and Requests for Production of Documents, and
sign and return to Defendant’s counsel the requested authorizations for release of medical
1

Defendant also requests that Plaintiff submit to an independent medical
examination (“IME”) under Fed.R.Civ.P. 35. That request is not properly before the
Court in the context of the present motion.
-1-

records. Plaintiff will also provide a firm date for her deposition, and that deposition will
be conducted no later than 30 days from the date of this Order.
Discovery is extended 30 days from the date of this Order, solely for the purpose
of compliance with this Order.
Pursuant to Fed.R.Civ.P. 37(a)(5), Plaintiff will pay Defendant’s attorney in the
amount of $500.00.2
Plaintiff’s failure to comply with this Order or with other discovery orders or
proper discovery requests may result in additional sanctions, including dismissal of the
complaint.
IT IS SO ORDERED.

s/ R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Dated: September 30, 2017

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of record
on September 30, 2017, electronically and/or by U.S. mail.
s/Carolyn M. Ciesla
Case Manager to the
Honorable R. Steven Whalen

2

Rule 37(a)(5) provides that where a party fails to answer discovery requests, and a
motion to compel is granted, “the court must, after giving an opportunity to be heard, require the
party...to pay the movant’s reasonable attorney’s fees.” Plaintiff had the opportunity to be heard
by filing a response to the Defendant’s motion (which included a request for attorney fees), but
did not do so.
-2-

-3-