Wilk v. Neven et al

Filing 79

ORDER Denying without prejudice Plaintiff's 65 Motion to Compel. Signed by Magistrate Judge Carl W. Hoffman on 6/8/2017. (Copies have been distributed pursuant to the NEF - SLD)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 5 6 7 8 9 ROBERT WILK, ) ) Plaintiff, ) ) v. ) ) DWIGHT NEVEN, ) ) Defendant. ) ) _______________________________________ ) 10 11 Case No. 2:15-cv-01429-JCM-CWH ORDER Presently before the Court is Plaintiff Robert Wilk’s motion to compel (ECF No. 65), filed on May 16, 2017. Defendant has not filed a response. 12 Plaintiff moves the Court to compel Defendant to respond to his discovery requests. Plaintiff 13 provides an attachment which consists of thirty pages of Defendant’s responses to Plaintiff’s 14 interrogatories and requests for admission. Upon review, it appears that Defendant has responded to 15 each of Plaintiff’s inquiries, although some responses are merely objections. However, Plaintiff 16 generally asserts that the responses are inadequate and that Defendant is “evading answering and 17 causing delay.” Mot. at 1. 18 Under Federal Rule of Civil Procedure 37(a)(3)(B)(i), a party seeking discovery may move 19 for an order to compel disclosure or discovery if the opposing party fails to provide required 20 disclosures. However, Plaintiff has provided no explanation as to why any of Defendant’s responses 21 are inadequate. It is not clear if Plaintiff believes that any of the responses are adequate or that none 22 are. Without further explanation or support, the Court cannot rely on Plaintiff’s conclusory 23 statement that Defendant’s are “evading answering and causing delay.” The Court will therefore 24 deny the motion without prejudice. If he so chooses, and only after a good faith effort to meet and 25 confer with Defendant, Plaintiff may refile this motion with an explanation for each disputed 26 discovery request why he believes the given response is inadequate. 27 // 28 1 1 2 IT IS THEREFORE ORDERED that Plaintiff’s motion to compel (ECF No. 65) is DENIED without prejudice. 3 4 DATED: June 8, 2017. 5 6 _________________________________ C.W. Hoffman, Jr. United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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