In Re: Lindell Management LLC Litigation

Filing 108

ORDER: The Court GRANTS Petitioner's Third Motion to Compel Responses to Post-Judgment Discovery 101 . See Order for details. (Written Opinion) Signed by Magistrate Judge Dulce J. Foster on 1/6/2025. (DCC)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
In re: Lindell Management LLC Litigation

Case No. 23-CV-1433 (JRT/DJF)
ORDER

This matter is before the Court on Petitioner Robert Zeidman’s Third Motion to Compel
Responses to Post-Judgment Discovery (“Motion”), filed December 9, 2024 (ECF No. 101).
Petitioner alleges that Respondent Lindell Management LLC (“Lindell”) has not complied with its
discovery obligations. (See ECF No. 103 at 4-6.) Specifically, Petitioner states that Lindell has
failed to: (1.) provide Petitioner with the password to access QuickBooks files that Lindell
previously produced; (2.) produce documents responsive to Petitioner’s Request for Production No.
5; and (3.) verify its amended response to Interrogatory No. 7 as required by Federal Rule of Civil
Procedure 33. (Id.) Petitioner asks the Court to order Lindell to rectify these deficiencies. (Id. at 67.)
Lindell did not file a response to the Motion. See L.R. 7.1(b)(2) (establishing that a response
to a non-dispositive motion is due seven days after the motion is filed). “When a party fails to
respond [to a motion], that is an indication that the motion is unopposed.” Catano v. VR District
Limited Partnership, Case No. 6:19-CV-1787 (WWB/GJK), 2020 WL 13827620, at (M.D. Fla. Aug.
27, 2020), report and recommendation adopted, 2020 WL 13827620 (M.D. Fla. Sept. 15, 2020).
Because Lindell did not oppose the Motion, the Court finds these discovery requests are reasonable
and grants the motion. See L.R. 7.1(g)(6) (“If a party fails to timely file and serve a memorandum of
law, the court may … take any other action that the court considers appropriate.”); Smith v. Nat’l

Flood Ins. Program of the Fed. Emergency Mgmt. Agency, 156 F. Supp. 2d 520, 522 (E.D. Pa. 2001)
(granting motion to dismiss on certain claims as unopposed because opposing party did not respond
to movant’s arguments in favor of dismissal).
ORDER
Based on the foregoing, and on all the files, records, and proceedings here, IT IS
HEREBY ORDERED that:
1.

Petitioner Robert Zeidman’s Third Motion to Compel Responses to PostJudgment Discovery (ECF No. 101) is GRANTED; and

2.

Respondent Lindell Management LLC shall, on or before January 21, 2025:
a.

Provide Petitioner the password to all responsive documents that are
password-protected or, alternatively, reproduce all password-protected
documents in a non-password-protected format that is easily viewable by
Petitioner;

b.

Produce all documents responsive to Request for Production No. 5; and

c.

Provide Petitioner a signed verification for Lindell’s amended response to
Interrogatory No. 7, in accordance with Federal Rule of Civil Procedure
33.

Dated: January 6, 2025

s/ Dulce J. Foster
DULCE J. FOSTER
United States Magistrate Judge