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)

Download PDF
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. -1- 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 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?