Leavitt v. Summit Receivables

Filing 22

ORDER granting 20 Motion to Compel.On or before June 26, 2018, Defendant shall: --serve full and complete responses to the Plaintiff's interrogatories and requests for production; and --file its response to Plaintiff's motion for a debtor's examination 21 . Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MATTHEW LEAVITT,
Plaintiff,

8:17CV334

vs.
ORDER
SUMMIT RECEIVABLES,
Defendant.
On April 5, 2018, a default judgment was entered in favor of Plaintiff and
against the defendant in the total amount of $5,397.50. (Filing No. 19).

Plaintiff served post-judgment interrogatories and production requests on
April 9, 2018. Defendant did not respond. Plaintiff filed a motion to compel
Defendant’s responses to post-judgment discovery, (Filing No. 20), and requests
a debtor’s examination. (Filing No. 21). Defendant has not responded to the
motion to compel and the deadline for doing so has passed. The motion to
compel is deemed unopposed and will be granted.

Accordingly,

IT IS ORDERED:

1)

On or before June 26, 2018, Defendant shall serve full and complete

responses to the Plaintiff’s interrogatories and requests for production, both of
which were dated April 9, 2018. The failure to timely serve discovery responses
may result in an additional award of sanctions, including but not limited to an

order requiring Defendant to pay Plaintiff’s attorney fees incurred for filing the
motion to compel.

2)

Defendant’s response to Plaintiff’s motion for debtor’s examination

shall be filed on or before June 26, 2018. Absent a timely response, the motion
will be deemed unopposed and granted.

3)

The Clerk shall mail a copy of this order to Defendant at his address

of record.

Dated this 12th day of June, 2018.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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