Lewton et al v. Divingnzzo et al

Filing 82

ORDER regarding Response 80 and Index, 81 filed by Sam M. Divingnzzo, Dianna Divingnzzo. Defendants, Dianna Divingnzzo and Sam Divingnzzo, have waived all objections to the Interrogatories and Requests for Production of Documents that are the su bject of plaintiffs' Motion to Compel 65 . Defendants, Dianna Divingnzzo and Sam Divingnzzo, are given until the close ofbusiness on 5/14/2010 to serve complete responses to all of the plaintiff's interrogatories and requests for producti on of documents. The supplemental responses must be signed and must, in all respects, comply with the requirements of Fed. R. Civ. P. 33 and 34. The Divingnzzos's amended responses to the document requests designated in plaintiffs' Motionto Compel 65 shall specifically indicate (a) whether responsive documents do or do not exist and (b) whether all responsive documents have been produced after a diligent and good faith effort to locate and identify responsive materials. Defendants, DiannaDivingnzzo and Sam Divingnzzo, shall file a Notice of Service, showing full compliance with paragraph 2 no later than 5/18/2010. Defendants, Dianna Divingnzzo and Sam Divingnzzo, are given until 6/1/2010to file a Response to this Order and the Memorandum and Order of April 21, 2010 74 showing cause why the plaintiffs should not be awarded reasonable costs and attorney's fees they incurred in bringing their motion to compel 65 , in accordance with Fed. R. Civ. P. 37(a)(4)(A). Ordered by Magistrate Judge F. A. Gossett. (CLS, )

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA W I L L I A M DUANE LEWTON, et al., P l a i n t if fs , vs. D I A N N A DIVINGNZZO, et al., D e f e n d a n t s. ) ) ) ) ) ) ) ) )

8 :0 9 C V 2 ORDER

O n April 21, 2010, the court granted the plaintiffs' motion to compel discovery from d e f e n d a n ts , Dianna Divingnzzo and Sam Divingnzzo (together, "Divingnzzos"). The D iv in g n z z o s were given until June 1, 2010 to file a Response to the court's Memorandum and O rd e r (Doc. 74), showing cause why the plaintiffs should not be awarded reasonable costs a n d attorney's fees incurred in bringing their motion to compel, in accordance with Fed. R. C iv. P. 37(a)(4)(A). O n April 27, 2010, defense counsel filed a "Response" (Doc. 80) and supporting Index (D o c . 81), confirming that the Divingnzzos did not provide signed discovery responses until lo n g after plaintiffs had filed their motion to compel and confirming that the Divignzzos did n o t file any response to the Motion to Compel. The "Response" does not address many of the substantive defects in the Divingnzzos' resp o n ses that were discussed in the April 21, 2010 Memorandum and Order. N o tw ith s ta n d in g the filing of the "Response," the Divignzzos are still required to supplement th e ir discovery responses no later than May 14, 2010 in full compliance with the court's M e m o ra n d u m and Order (Doc. 74). The "Supplemental" responses contained in the D iv in g n z z o s ' Index (Doc. 81) do not suffice. U p o n review of the "Response" (Doc. 80) and Index (Doc. 81) filed by defense c o u n se l on April 27, 2010,

I T IS ORDERED: 1 . D e f en d a n ts , Dianna Divingnzzo and Sam Divingnzzo, have waived all objections to the Interrogatories and Requests for Production of Documents that are the subject of p la in tif f s ' Motion to Compel (Doc. 65). 2 . D e f en d a n ts , Dianna Divingnzzo and Sam Divingnzzo, are given until the close of b u s in e ss on May 14, 2010 to serve complete responses to all of the plaintiff's interrogatories a n d requests for production of documents. The supplemental responses must be signed and m u s t, in all respects, comply with the requirements of Fed. R. Civ. P. 33 and 34. Further, the D iv in g n z z o s's amended responses to the document requests designated in plaintiffs' Motion to Compel (Doc. 65) shall specifically indicate (a) whether responsive documents do or do n o t exist and (b) whether all responsive documents have been produced after a diligent and g o o d faith effort to locate and identify responsive materials. Defendants, Dianna D iv in g n z z o and Sam Divingnzzo, shall file a Notice of Service, showing full compliance w ith this paragraph, no later than May 18, 2010. 3 . D e f e n d a n ts, Dianna Divingnzzo and Sam Divingnzzo, are given until June 1, 2010 to file a Response to this Order and the Memorandum and Order of April 21, 2010 (Doc. 74), showing cause why the plaintiffs should not be awarded reasonable costs and attorney's fees they incurred in bringing their motion to compel (Doc. 65), in accordance with Fed. R. Civ. P. 37(a)(4)(A). DATED April 28, 2010. BY THE COURT: s/ F.A. Gossett United States Magistrate Judge

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