Kaufman v. CVS Pharmacy et al

Filing 40

MEMORANDUM AND ORDER regarding plaintiff's Motion to Compel 33 . Davaco requests an additional twenty-one days to respond to plaintiff's remaining discovery requests. Plaintiff does not object. Davaco is given until February 17, 2010 to se rve its responses to the plaintiff's second set of interrogatories and requests for production. The plaintiff's motion to compel, (filing no. 33 ), is denied as moot, but without prejudice to re-filing should defendant Davaco fail to timely serve discovery responses as required under this memorandum and order. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

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IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA S H A R O N KAUFMAN, Plaintiff, v. C V S PHARMACY, Inc., and D A V A C O , Inc., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) ) 4 :0 9 C V 3 0 8 7 M E M O R A N D U M AND ORDER T h e plaintiff moved for an order compelling defendant Davaco to serve its mandatory d is c lo s u re s, answer the plaintiff's interrogatories and second set of interrogatories, and re sp o n d to the plaintiff's requests for production and second set of requests for production. F ilin g No. 33. Davaco has now responded to the plaintiff's first set of interrogatories, and h a s served its mandatory disclosures. Davaco requests an additional twenty-one days to re s p o n d to plaintiff's remaining discovery requests. Plaintiff's counsel has advised the court that he does not object to Davaco's request f o r additional time, and with that agreement, the motion to compel is resolved. A c c o r d i n g l y, IT IS ORDERED that 1) D av ac o is given until February 17, 2010 to serve its responses to the plaintiff's s e c o n d set of interrogatories and requests for production. T h e plaintiff's motion to compel, (filing no. 33), is denied as moot, but without p reju d ice to re-filing should defendant Davaco fail to timely serve discovery resp o n ses as required under this memorandum and order. J a n u a ry 28, 2010. B Y THE COURT: s / Cheryl R. Zwart United States Magistrate Judge 2)

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