Graham v. Flatout, Inc.

Filing 26

MEMORANDUM AND ORDER re: 23 MOTION to Compel filed by Defendant Flatout, Inc. motion is GRANTED. IT IS FURTHER ORDERED that plaintiff shall provide full and complete answers and responses to defendant's first set of interrogatori es and first request for the production of documents, including signed authorizations to release medical and employment records, no later than May 6, 2016. IT IS FINALLY ORDERED that, if defendant advises the Court that plaintiff has failed to comply with this Order, her complaint may be dismissed pursuant to Federal Rule of Civil Procedure 41(b).. Signed by District Judge Stephen N. Limbaugh, Jr on 4/26/16. (MRS)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

MICHELLE GRAHAM,
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Plaintiff,
vs.
FLATOUT, INC.,
Defendant.

Case No. 4:15-CV-1371 SNLJ

MEMORANDUM AND ORDER
Plaintiff brought this action against defendant Flatout, Inc. alleging that she was
discriminated against on the basis of a disability. Counsel for plaintiff withdrew from
this matter in February 2016, citing, among other things, irreconcilable differences. This
matter is now before the Court on defendant’s motion to compel (#23), which states that
plaintiff has failed to respond substantively to any interrogatory or request for production
which were served in December 2015. After the withdrawal of plaintiff’s counsel,
defendants sent plaintiff correspondence on March 1, 2016, requesting that she respond to
the outstanding discovery. Defendant filed the instant motion on March 21, 2016. No
response in opposition has been filed.
The defendant’s motion will be granted. Plaintiff must uphold her discovery
obligations, or she will face dismissal of her case pursuant to Federal Rule of Civil
Procedure 41(b).

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Accordingly,
IT IS HEREBY ORDERED that defendant’s motion to compel (#23) is
GRANTED.
IT IS FURTHER ORDERED that plaintiff shall provide full and complete
answers and responses to defendant’s first set of interrogatories and first request for the
production of documents, including signed authorizations to release medical and
employment records, no later than May 6, 2016.
IT IS FINALLY ORDERED that, if defendant advises the Court that plaintiff has
failed to comply with this Order, her complaint may be dismissed pursuant to Federal
Rule of Civil Procedure 41(b).
Dated this 26th

day of April, 2016.

_________________________________
STEPHEN N. LIMBAUGH, Jr.
UNITED STATES DISTRICT JUDGE

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