Lambert v. Costello

Filing 26

ORDER compelling Plaintiff's discovery responses. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DOUGLAS LAMBERT, an individual,

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Plaintiff,
vs.
MAURICE W. COSTELLO, an individual,
Defendant.

CASE NO. 4:18-CV-03038

ORDER

A hearing was held on September 21, 2018 regarding Plaintiff’s failure to fully
comply with Defendant’s written discovery. Specifically, Maurice Costello (“Defendant”)
requests an Order compelling Douglas Lambert (“Plaintiff”), to provide amended and/or
supplemental verified answers to Interrogatory Nos. 1, 2, 4, 5, 12, 20, 25, and 26 as well
as responses to Request for Production of Documents Nos. 3, 11, 17, and 19.
Plaintiff’s unverified Answers to Interrogatories and Responses to Request for
Production of Documents, which were belatedly received by Costello on August 8, 2018,
are insufficient under the Federal Rules of Civil Procedure. Despite Defendant’s good
faith efforts to resolve this discovery dispute without court intervention, Plaintiff has failed
to fully comply with Defendant’s valid discovery requests.

Accordingly,
IT IS ORDERED:
1)

On or before October 1, 2018, Plaintiff, Douglas Lambert, shall provide
amended and/or supplemental verified Answers to Interrogatory Nos. 1, 2,
4, 5, 12, 20, 25, and 26 as well as Responses to Request for Production of
Documents Nos. 3, 11, 17, and 19.

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2)

Plaintiff is hereby notified that the court will impose sanctions against
Plaintiff and in favor of Defendant if Plaintiff fails to fully and timely comply
will this order.

3)

Defense counsel shall promptly advise the court if Plaintiff fails to timely and
fully comply with this order.

September 22, 2018.

BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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