Garcia v. Casey's General Stores, Inc.

Filing 30

ORDER denying 24 Plaintiff's Motion to Compel. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PAULA GARCIA,
Plaintiff,

4:15CV3100

vs.
CASEY'S RETAIL COMPANY,

MEMORANDUM
AND ORDER

Defendant.
Plaintiff has moved to compel Defendant to respond to Plaintiff’s Interrogatories
No. 26, 27, and 28. Plaintiff’s motion concedes her discovery exceeds the permissible
number of interrogatories under Fed.R.Civ.P. 33(a), and “Defendant is not bound to
answer them.” (Filing No. 24).
Plaintiff appears to be requesting leave to serve, and an order requiring defendant
to answer, more than 25 interrogatories. The court cannot address this argument without
reviewing Plaintiff’s interrogatories and deciding whether, based on the allegations in the
pleadings and the information requested, exceeding the numerical limit imposed by the
federal discovery rules1 is warranted. Plaintiff has not filed a copy of the interrogatories
served and those which remain unanswered.
Accordingly,
IT IS ORDERED that Plaintiff’s motion to compel, (Filing No. 24), is denied.
January 25, 2016.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

1

The parties’ briefs discuss both the federal and state discovery rules governing limits on
interrogatories. The federal discovery rules govern the parties’ discovery and the issues raised
by Plaintiff’s motion to compel.