Denenberg v. Djordjevic

Filing 122

ORDER granting 116 plaintiff's Motion to Compel. By 11/17/2010, Doctors Surgery Center shall provide responses to the plaintiff's 4/6/10, interrogatories, pursuant to Fed. R. Civ. P. 33, without objection, and a complete corporate disclo sure statement as required by Fed. R. Civ. P. 7.1. By 11/17/2010, Doctors Surgery Center shall show cause why sanctions, including the award of attorneys fees under Fed. R. Civ. P. 37(b)(2)(C), should not be imposed. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)

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-TDT Denenberg v. Djordjevic Doc. 122 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA STEVEN M. DENENBERG, ) ) Plaintiff and ) Cross Plaintiff, ) ) vs. ) ) BORKO B. DJORDJEVIC, ) ) Defendant and ) Third-Party Plaintiff, ) ) vs. ) ) DOCTORS SURGERY CENTER, ) d/b/a Surgeontothestars.com ) ) Third-Party Defendant and ) Cross Defendant. ) 8:07CV150 ORDER This matter is before the court on the plaintiff's Motion to Compel (Filing No. 116). The plaintiff seeks an order compelling Doctors Surgery Center to provide responses to interrogatories, pursuant to Fed. R. Civ. P. 33, and a complete corporate disclosure statement as required by Fed. R. Civ. P. 7.1. Doctors Surgery Center did not file a response to the plaintiff's motion. On April 6, 2010, the plaintiff served interrogatories on Doctors Surgery Center, but has received no response. See Filing No. 102 - Interrogatories with Notice of Service; Filing No. 116 - Motion ¶¶ 1-2. "The responding party must serve its answers and any objections within 30 days after being served with the interrogatories." See Fed. R. Civ. P. 33(b)(2). Absent timely answers or objections, the responding party may waive objections and be subject to a sanction including payment of the moving party's reasonable expenses. See Fed. R. Civ. P. 33(b)(4); Fed. R. Civ. P. 37. Further, on October 30, 2009, Doctors Surgery Center filed a document titled Disclosure of Corporate Affiliations, Financial Interest, and Business Entity Citizenship, however such document fails to provide the information required by the federal rules. See Filing No. 87. Doctors Surgery Center fails Dockets.Justia.com to provide any explanation or justification for its failure to respond to discovery or make required disclosures. Accordingly, the plaintiff's motion is granted as set forth below. Upon consideration, IT IS ORDERED: 1. 2. The plaintiff's Motion to Compel (Filing No. 116) is granted. On or before November 17, 2010, Doctors Surgery Center shall provide responses to the plaintiff's April 6, 2010, interrogatories, pursuant to Fed. R. Civ. P. 33, without objection, and a complete corporate disclosure statement as required by Fed. R. Civ. P. 7.1. 3. On or before November 17, 2010, Doctors Surgery Center shall show cause why sanctions, including the award of attorneys' fees under Fed. R. Civ. P. 37(b)(2)(C), should not be imposed. DATED this 1st day of November, 2010. BY THE COURT: s/ Thomas D. Thalken United States Magistrate Judge *This opinion m a y contain hyperlinks to other docum e n ts or W e b sites. The U.S. District Court for th e District of Nebraska does not endorse, recom m e n d , approve, or guarantee any third parties or the services o r products they provide on their W e b sites. Likewise, the court has no agreem e n ts with any of these third p a r tie s or their W e b sites. The court accepts no responsibility for the availability or functionality of any h yp e r lin k . Thus, the fact that a hyperlink ceases to work or directs the user to som e other site does not affect t h e opinion of the court. 2

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