De Alwis v. Suntrust Mortgage, Inc. et al

Filing 21

ORDER granting 19 Motion to Compel. Signed by Jane M Virden on 6/7/2013. (sef)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
DELTA DIVISION
RAPHAEL DE ALWIS
PLAINTIFF
VS.

CIVIL ACTION NO. 2:12cv193-M-V

SUNTRUST MORTGAGE, INC. AND
FEDERAL NATIONAL MORTGAGE ASSOCIATION

DEFENDANTS

ORDER
This matter is before the court on motion of the defendant, Suntrust Mortgage, Inc.,
(“defendant”), to compel discovery (# 19). The motion to compel was filed on May 23, 2013, and
given the discovery deadlines in this action, the court contacted plaintiff’s counsel requesting an
expidited response to the motion. The plaintiff filed a response to the motion on June 7, 2013,
indicating intent to serve discovery responses the same day. However in an abundance of caution,
the court is going to enter a ruling on the subject motion. With its motion, the defendant
provides that:
1.

On March 28, 2012 the defendant served plaintiff with first set of interrogatories and

requests for production of documents.
2.

On May 6, 2013 and again on May 13, 2013 defense counsel wrote plaintiff's counsel

requesting responses to interrogatories and requests for production. Additionally, defendant
requested available dates for the purpose of taking plaintiff’s deposition.
3.

To date this discovery remains unanswered.
IT IS, THEREFORE, ORDERED that the defendant's motion to compel is GRANTED.

1

The plaintiff is hereby ordered to provide sufficient responses to the discovery requests detailed
in the defendants' motion within twenty four hours of this Order. Plaintiff’s counsel should
likewise be familiar with the rules related to discovery motions, including Rule 37(b)(2)(C),
which provides for payment of expenses should defense counsel be forced to file a second
motion and the court find the answers to the propounded discovery inadequate.
IT IS THEREFORE ORDERED that the defendant’s motion to compel discovery
responses (# 19) is hereby GRANTED.
SO ORDERED, this the 7th day of June 2013.

/s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE

2