Guarantee Company of North America USA v. Middleton Brothers, Inc., et al.

Filing 94

MEMORANDUM AND ORDER re: 81 First MOTION to Compel filed by Defendant The Bond Exchange, Inc. motion is DENIED as moot. Signed by Honorable Stephen N. Limbaugh, Jr on 11/10/2011. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION

THE GUARANTEE COMPANY OF
NORTH AMERICA, USA,
Plaintiff,
vs.
MIDDLETON BROTHERS, INC., et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

Case No. 1:10CV11 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on defendant The Bond Exchange, Inc.’s Motion to
Compel Discovery directed to plaintiff (#81). Defendant served written discovery on plaintiff on
May 26, 2011. On June 29, plaintiff requested 20-30 more days to respond. Defendant agreed to
the extension of time so long as defendant received responses and not objections to its discovery
requests on the date certain. Having not heard from plaintiff, defendant filed this motion to
compel on August 30, 2011. Plaintiff responded to the motion to compel on September 12,
explaining that it needed additional time to serve its responses and that it would serve its
discovery responses on that date. Plaintiff suggests that the motion be deferred pending
defendant’s review of plaintiff’s responses. Since that time, neither plaintiff nor defendant has
filed anything more regarding this matter, and the Court presumes the matter has been resolved.
Accordingly,
IT IS HEREBY ORDERED that defendant The Bond Exchange, Inc.’s Motion to
Compel (#81) is DENIED as moot.
So ordered this

10th

day of November, 2011.

UNITED STATES DISTRICT JUDGE