Wills et al v. Garden Ridge Management, LLC et al

Filing 36

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants motion to compel is GRANTED in its entirety. (Doc. No. 35.) Plaintiff is directed to produce the materials in question within ten days of the date of this Memorandum and Order, including prope r signed medical authorizations to allow Defendant to obtain Plaintiff Christine Willss medical records for any and all providers where she obtained treatment for her back prior to the subject fall. Failure to comply with this Order may result in the imposition of sanctions, including dismissal of the action. Signed by District Judge Audrey G. Fleissig on 4/2/13. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

CHRISTINE WILLS and GEORGE
WILLS,
Plaintiffs,
vs.
GARDEN RIDGE, L.P.,

Defendants.

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Case No. 4:12CV01132 AGF

MEMORANDUM AND ORDER
This slip-and-fall action is before the Court on the motion of Defendant Garden
Ridge, L.P., to compel Plaintiff Christine Wills to answer Defendant’s Interrogatory No.
12. (Doc. No. 35.) Defendant’s unopposed motion is granted, as discussed below.
Pursuant to Rule 26(b)(1) of the Federal Rules of Civil Procedure, the parties are
entitled to obtain discovery regarding any matter, not privileged, which is “relevant to the
subject matter involved in the action.” At the discovery stage of the litigation, the
evidence sought need only be relevant, and “need not be admissible at the trial if the
discovery appears reasonably calculated to lead to the discovery of admissible evidence.”
Id.
Interrogatory 12 asks Plaintiff to identify if she “had any illness, impairment or
injuries to the parts of the body injured in the occurrence mentioned in the Petition, either
before or after the occurrence, which is the subject of this lawsuit.” (Doc. No. 35 at 1.)
If answered in the affirmative, Interrogatory 12 also asks Plaintiff “to provide Defendant

with additional information regarding the date of the injury, parts of the body involved,
nature or type, and the name and address of each healthcare provider who treated or
examined Plaintiff.” In response, Plaintiff states only “back, went to doctor, will supply
medical records.” (Doc. No. 35 at 2.) Defendant has attempted to resolve this matter
with Plaintiff’s counsel, to no avail.
This Interrogatory seeks discoverable information and must be answered in full
by Plaintiff. See Fed. R. Civ. P. 26(b)(1), 33(a)(2).
Accordingly,
IT IS HEREBY ORDERED that Defendant’s motion to compel is GRANTED
in its entirety. (Doc. No. 35.) Plaintiff is directed to produce the materials in question
within ten days of the date of this Memorandum and Order, including proper signed
medical authorizations to allow Defendant to obtain Plaintiff Christine Wills’s medical
records for any and all providers where she obtained treatment for her back prior to the
subject fall. Failure to comply with this Order may result in the imposition of sanctions,
including dismissal of the action.

_______________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 2nd day of April, 2013.

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