McGowen et al v. Kroger District I

Filing 74

ORDER DENYING PLAINTIFFS' 57 Motion to Compel - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RHONDA McGOWAN, ET AL.,
Plaintiffs,

No. 16-13216

v.

District Judge Terrence G. Berg
Magistrate Judge R. Steven Whalen

KROGER DISTRICT I,
Defendant.
/
ORDER
Before the Court is Plaintiffs’ Motion to Compel [Doc. #57]. They request the
Court to order Defendant to answer their interrogatories and requests to produce
documents.
Plaintiffs’ request to produce documents was the subject of a previous motion to
compel [Doc. #49], which was resolved by stipulated order [Doc. #54]. The present
motion is therefore MOOT as to the requests to produce.
Defendant states that it received the Plaintiffs’ interrogatories, via Priority Mail
Express, on the same day it receive the present motion, September 29, 2017. The
Certificate of Service and the Priority Mail Express envelope show that the interrogatories
were mailed on September 28, 2017. This was the same date the present motion was
filed. Because Defendant has 30 days to respond to interrogatories, the present motion
was filed prematurely, and therefore should be dismissed.

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Accordingly, Plaintiffs’ Motion to Compel [Doc. #57] is DENIED.
IT IS SO ORDERED.

s/ R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Dated: December 4, 2017

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of record
on December 4, 2017, electronically and/or by U.S. mail.
s/Carolyn M. Ciesla
Case Manager to the
Honorable R. Steven Whalen

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