Martin v. Trinity Marine Products, Inc.

Filing 28

MEMORANDUM AND ORDER re: 26 MOTION to Compel Discovery Responses and Initial Disclosures from Plaintiff filed by Defendant Trinity Marine Products, Inc. motion is GRANTED.IT IS FURTHER ORDERED that plaintiff must serve his initial disclosures and his responses to defendant's First Set of Interrogatories and First Request for Production no later than October 23, 2012.. Signed by District Judge Stephen N. Limbaugh, Jr on 10/2/12. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
WILLIE T. MARTIN,

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Plaintiff,
v.
TRINITY MARINE PRODUCTS, INC.,
Defendant.

No. 1:11CV181 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on defendant’s motion to compel (#26), filed on July 30,
2012. Plaintiff, who is proceeding pro se, has not responded to this motion, and the deadline for
responding has passed. Plaintiff filed his complaint pursuant to Title VII of the Civil Rights Act
of 1964, as amended, 42 U.S.C. § 2000e, et seq., alleging claims of discrimination against
defendant, his former employer, on the bases of race, color, and gender, for acts of retaliation and
harassment and for terminating his employment.
This Court granted defendant’s partial motion to dismiss (#14) on May 9, 2012, and
subsequently entered a Case Management Order setting a June 25, 2012 deadline for service of
the parties’ initial disclosures under Federal Rule of Civil Procedure 26(a)(1). Plaintiff did not
serve his disclosures on defendant. Defendant served interrogatories and requests for production
on plaintiff on June 1, 2012, making plaintiff’s responses due on July 5, 2012. When defendant
had not received responses or initial disclosures on July 11, it sent a letter notifying plaintiff that
his responses and disclosures were overdue. Defendant advises that plaintiff contacted defense
counsel on July 17 and stated he would send his responses and disclosures by July 18, 2012.
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However, defendant states, it did not receive the disclosures or responses. As a result, defendant
filed this motion to compel responses and disclosures on July 30, 3012.
Plaintiff has not responded to the motion, and neither party has notified the Court that
plaintiff has complied with his obligations. Plaintiff must respond to defendant’s discovery
requests and serve his initial disclosures on the defendant. If plaintiff fails to comply with this
Court’s order or the Federal Rules of Civil Procedure, his complaint may be dismissed pursuant
to Federal Rule of Civil Procedure 41(b).
Accordingly,
IT IS HEREBY ORDERED that defendant’s motion to compel (#27) is GRANTED.
IT IS FURTHER ORDERED that plaintiff must serve his initial disclosures and his
responses to defendant’s First Set of Interrogatories and First Request for Production no later
than October 23, 2012.

FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN DISMISSAL.

Dated this

2nd

day of October, 2012.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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