CHAPA v. TURNER, ESQ. et al

Filing 21

OPINION & ORDER granting 16 Motion to Compel Defendant United Credit Specialists to answer her First Set of Interrogatories, Request for the Production of Documents, and Request for Admissions; Defendant United shall provide all written responses within ten days, etc. Signed by Magistrate Judge Steven C. Mannion on 2/17/16. (cm )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
NOT FOR PUBLICATION
JULIETTE CHAPA,
Civil Action No.

Plaintiff,
v.

2:15-CV-3125-SDW-SCM

CHARLES I TURNER, ESQ.,
UNITED CREDIT SPECIALISTS,
JOHN DOES 1-25,

OPINION AND ORDER ON MOTION
TO COMPEL AND FOR SANCTIONS
[D.E. 16]

Defendants.
STEVEN C. MANNION, United States Magistrate Judge:
Before the Court is Plaintiff Juliette Chapa’s motion to
compel

responses

to

discovery

and

for

sanctions.1

Upon

consideration of the parties' submissions and for the reasons
set forth herein, the motion to compel is GRANTED.

The Court

reserves decision on the sanctions pending an order to show
cause.
I.

BACKGROUND & PROCEDURAL HISTORY2
Juliette Chapa (“Chapa”) is a citizen of Texas and brings

this matter as a putative class pursuant to the Fair Debt
Collection Practices Act against defendants Charles I. Turner,
Esq. (“Turner”), an attorney in New Jersey, and United Credit
1

(ECF Docket Entry No. (“D.E.”) 16).

For purposes of this motion, the Court will rely upon the
factual allegations set forth in the pleadings though these
facts have not been verified.

2

Specialists3 (“United”), a debt collection business located in
New Jersey.4

The Complaint was filed on May 4, 2015.5

Defendants answered on June 2, 2015.6
An initial scheduling order was entered by the Court on
August 13, 2015.7

The Scheduling Order prescribed the timing for

the parties to exchange disclosures and serve and respond to
discovery demands.8
On December 10, 2015, the Court held a telephone conference
with counsel.

The agenda for the call included United’s failure

to respond to discovery requests.9

United acknowledged that it

failed to provide written responses to Chapa’s discovery
requests, and was ordered to do so within seven days.10

United

did not provide its written responses within seven days, or at
any other time thereafter.
3

In various pleadings, the parties have spelled Defendant’s name
inconsistently, using both “United Credit Specialists” and
“United Credit Specilists.” In this opinion, the Court will
refer to Defendant as “United Credit Specialists.”
4

(D.E. 1, Complaint ¶¶ 5 - 7, 10).

5

(D.E. 1).

6

(D.E. 2, Answer).

7

(D.E. 8).

8

(Id. at ¶¶ 2, 4).

9

(D.E. 13).

10

(D.E. 14 at ¶ 2).
2

By Order dated December 29, 2015, Chapa was granted leave
to file a discovery motion against United.11

Chapa moved to

compel discovery from United and for sanctions on January 11,
2016.12

The return date was set for February 16, 2016.

On February 4, 2016, the Court held a status conference and
discussed the outstanding discovery.

Defense counsel was

informed that Chapa’s motion would be considered uncontested if
opposition and discovery responses were not filed by February
12, 2016.

Opposition and discovery responses have not been

filed and the return date has passed.
II.

DISCUSSION
A. § 636, Magistrate Judge Authority
Magistrate

judges

are

authorized

to

dispositive motion designated by the Court.13
specified
dispositive

that

magistrate

pre-trial

judges

motion,14

and

may

decide

any

non-

This District has

determine

further

any

non-

provided

that

discovery disputes shall be brought to the magistrate judge on

11

(D.E. 15).

12

(D.E. 16).

13

28 U.S.C. § 636(b)(1)(A)

14

L.Civ.R. 72.1(a)(1).
3

an informal basis.15

Decisions by magistrate judges must be

upheld unless “clearly erroneous or contrary to law.”16
B. Uncontested Motion
Before the Court is an uncontested motion.

A court may

consider a motion to be uncontested when opposition has not been
filed as required by local rule.17

District of New Jersey Local

Civil Rule 7.1 requires that motions be made on at least 24-days
notice.18

Opposition to any motion is due at least 14 days prior

to the original return date, unless the Court otherwise orders
or an automatic extension is obtained.19
Chapa filed her motion on January 11, 2016.20
date was set for February 16, 2016.

The return

Opposition was due 14 days

prior to the return date, but United did not oppose the motion
or request an extension of time to respond.

The motion is

therefore properly considered unopposed within the requirements
of Local Civil Rule 7.1.

15

16

L.Civ.R. 37.1.
28 U.S.C. § 636(b)(1)(A).

Taylor v. Harrisburg Area Comm. Coll., 579 Fed. Appx. 90, 93
(3rd Cir. 2014).
17

18

L.Civ.R. 7.1(a).

19

L.Civ.R. 7.1(d)(2).

20

(D.E. 16).
4

C. Legal Standard
1. Interrogatories
The Federal Rules require parties to respond within “30
days of being served with interrogatories.

A shorter or longer

time may be stipulated to under Rule 29 or be ordered by the
court.”21

Chapa

served

United

with

interrogatories.

United

failed to provide written responses and has not opposed Chapa’s
motion.
2. Requests for Production
A party to whom a request for the production of documents
is made “must respond in writing within 30 days after being
served. . . A shorter or longer time may be stipulated to under
Rule 29 or be ordered by the court.”22

Chapa served United with

requests for the production of documents.

United failed to

provide written responses and has not opposed Chapa’s motion.

3. Requests for Admissions
Federal Rule of Civil Procedure 36 applies to this dispute.
Requests for admissions are deemed “admitted unless, within 30
days

after

being

served,

the

party

directed serves on the requesting

to

whom

the

request

is

party a written answer or

objection addressed to the matter and signed by the party or its
21

Fed.R.Civ.P. 33(a)(2).

22

Fed.R.Civ.P. 34(b)(2).
5

attorney.”23

Furthermore, “[a] matter admitted under this rule

is conclusively established unless the court, on motion, permits
the admission to be withdrawn or amended.”24
Chapa served United with requests for admissions.

United

failed to provide written responses and has not opposed Chapa’s
motion.
4. Rule 37 Fee Sanctions
The

Court

may

order

payments

of

costs

and

fees

to

the

movant on a discovery motion if “the motion is granted” “after
giving an opportunity to be heard.”25

Fees and expenses shall

not be awarded if the movant failed to attempt in good faith to
obtain

the

justified,
unjust.26

discovery,
or

other

the

non-disclosure

circumstances

make

an

was
award

substantially
of

expenses

United will be afforded an opportunity to be heard.
*

In summary, United is in default of its obligations to
provide written responses to Chapa’s interrogatories, requests
for

production

of

documents,

and

requests

for

Opposition to the motion to compel was not filed.
23

Fed.R.Civ.P. 36(a)(3).

24

Fed.R.Civ.P. 36(b).

25

Fed.R.Civ.P. 37(a)(5)(A).

26

Id.
6

admissions.
Granting the

motion

to

compel

on

the

merits

and

as

being

uncontested

is

therefore appropriate.
The Court reserves decision on the motion for sanctions
pending the outcome of an order to show cause.

An appropriate

Order follows:
ORDER
IT IS on this Wednesday, February 17, 2016,
1. ORDERED that Plaintiff Chapa’s motion to compel Defendant
United Credit Specialists to answer her First Set of
Interrogatories, Request for the Production of Documents,
and Request for Admissions is Granted; and it is further
2. ORDERED that Defendant United shall provide all written
responses within ten days; and
3. The Court reserves decision on Plaintiff Chapa’s motion for
sanctions.

2/17/2016 12:30:43 PM

Original: Clerk of the Court
cc: Hon. Susan D. Wigenton, U.S.D.J.
All parties
File
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