Reed v. Arbor Professional Solutions

Filing 28

ORDER DENYING AS MOOT PLAINTIFF'S 19 Motion to Compel - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ARELIOUS REED,
CIVIL ACTION NO. 17-10993
Plaintiff,
DISTRICT JUDGE LINDA V. PARKER
v.
MAGISTRATE JUDGE R. STEVEN
WHALEN
ARBOR PROFESSIONAL SOLUTIONS,
Defendant.
_________________________________/
ORDER
Plaintiff Arelious Reed filed a pro se complaint under the Fair Debt Collection
Practices Act. Before the Court is his motion to compel discovery [Doc. #19], in which he
alleges that Defendant Arbor Professional Solutions failed to respond to his
interrogatories, document requests, and requests to admit.1
In response, Defendant’s counsel, on whom Plaintiff claims the discovery requests
were served, states that “such requests were not served on defense counsel,” and “were
not received until Plaintiff’s motion and attachments were electronically filed with the
Court.” [Response, Doc. #26]. In addition, counsel affirmatively states that “Defendant
has now prepared and served responses to those requests that were attached to the

1

Plaintiff has attached his document requests and request to admit to his motion,
but has not attached his interrogatories.
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motion.” Id.
Because Defendant has responded to the Plaintiff’s document requests and
requests to admit, the motion to compel production of responses to these requests [Doc.
#19] is DENIED AS MOOT.
In addition, because the discovery requests appear to have not been properly
served, or at least have not been received by Defendant or defense counsel, the motion to
compel interrogatory responses is DENIED WITHOUT PREJUDICE to Plaintiff properly
serving interrogatories on Defendant’s counsel within 14 days of the date of this Order.
The discovery cut-off date is extended only for the purpose of Plaintiff serving and
Defendant responding to Plaintiff’ interrogatories.
IT IS SO ORDERED.

s/ R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Dated: November 26, 2017

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of record
on November 26, 2017, electronically and/or by U.S. mail.
s/Carolyn M. Ciesla
Case Manager to the
Honorable R. Steven Whalen

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