Gustin v. Plano Molding Company et al

Filing 184

ORDER granting ECF No. #159 Motion to Compel. Please see attached for details. Signed by Magistrate Judge Carl W. Hoffman on 6/23/16. (Copies have been distributed pursuant to the NEF - JC)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 COLE GUSTIN, by and through DOROTHY KYLE and JOSEPH KYLE, Guardians Ad Litem, 8 Plaintiff, 9 vs. 10 PLANO MOLDING COMPANY, et al., 11 Defendants. 12 13 ) ) ) ) ) ) ) ) ) ) ) Case No. 2:14-cv-00700-RCJ-CWH ORDER Presently before the Court is Third-Party Plaintiff Doskocil Manufacturing Company’s 14 (“Doskocil”) Motion to Compel Supplementary Discovery Responses from Third-Party Defendant 15 Carmen Gustin (ECF No. 159), filed on April 28, 2016. Third-Party Defendant Carmen Gustin did 16 not file a response, which was due May 16, 2016. 17 In its motion, Doskocil requests that Ms. Gustin supplement her response to Interrogatory 2 18 of Doskocil’s First Set of Interrogatories, which requested the address and telephone number of Ms. 19 Gustin’s son, Spenser Chaney Gustin. (Mot. to Compel (ECF No. 159) at 2.) Although Ms. Gustin 20 responded that she did not know Spenser’s address or telephone number, Doskocil represents that it 21 believes Ms. Gustin provided that information to Dr. Loong, Plaintiff Cole Gustin’s 22 neuropsychological expert, because Dr. Loong testified at his deposition that he spoke to Spenser on 23 the telephone on March 27, 2016. (Id. at 3.) In its motion, Doskocil describes the unsuccessful 24 attempts that it made to meet and confer with Ms. Gustin’s former attorney regarding this dispute. 25 (Id.) Doskocil requests that the Court compel Ms. Gustin to supplement her answer to Interrogatory 26 2 with any information she has about Spenser’s address, location, or contact information. (Id. at 5.) 27 It further requests that the Court order Ms. Gustin to pay the costs and fees that Doskocil incurred in 28 bringing this motion. (Id. at 4, 6.) 1 Given that Ms. Gustin did respond to the motion, the Court will grant the motion as 2 unopposed. See Local Rule 7-2(d) (stating that the “failure of an opposing party to file points and 3 authorities in response to any motion . . . constitutes a consent to the granting of the motion.”). For 4 the reasons stated in the motion, the Court will order Ms. Gustin to supplement her response to 5 Interrogatory 2. See Fed. R. Civ. P. 26(e)(1) (requiring a party who has responded to an 6 interrogatory to supplement or correct its response if the party learns that the response is incomplete 7 or incorrect, or as ordered by the court). Additionally, the Court will order Ms. Gustin to pay the 8 reasonable attorney’s fees and costs incurred by Doskocil in having to bring the motion. See Fed. R. 9 Civ. P. 37(a)(5)(A) (stating that if a motion to compel is granted, the court must require the party 10 whose conduct necessitated the motion “to pay the movant’s reasonable expenses incurred in making 11 the motion, including attorney’s fees.”). 12 IT IS THEREFORE ORDERED that Third-Party Plaintiff Doskocil Manufacturing 13 Company’s (“Doskocil”) Motion to Compel Supplementary Discovery Responses from Third-Party 14 Defendant Carmen Gustin (ECF No. 159) is GRANTED. 15 IT IS FURTHER ORDERED that by July 11, 2016, Third-Party Defendant Carmen Gustin 16 must supplement her response to Doskocil’s Interrogatory 2 with any information she has about 17 Spenser Gustin’s address, location, or contact information. 18 IT IS FURTHER ORDERED that by July 11, 2016, Third-Party Plaintiff Doskocil 19 Manufacturing Company and Third-Party Defendant Carmen Gustin must meet and confer regarding 20 the amount of reasonable attorney’s fees and costs that Ms. Gustin will pay to Doskocil to 21 compensate Doskocil for having to bring this motion. 22 DATED: June 23, 2016 23 24 25 ______________________________________ C.W. Hoffman, Jr. United States Magistrate Judge 26 27 28 2

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