Salazar v. AutoZone Stores LLC

Filing 28

ORDER by Magistrate Judge Kevin R. Sweazea granting in part 21 Motion to Compel; denying as moot 23 Motion to Withdraw by Plaintiff's counsel. (cbf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

URSULA SALAZAR
Plaintiff,
No. 2:17-cv-00236-MCA-KRS
v.
AUTOZONE STORES, LLC,
Defendant.

ORDER GRANTING IN PART MOTION TO
COMPEL AND DENYING AS MOOT MOTION TO WITHDRAW
THIS MATTER comes before the Court on Defendant’s motion to compel discovery
responses [Doc. 21] and counsel for Plaintiff’s motion to withdraw from representation. [Doc.
23]. The Court held a hearing on the pending motions on August 22, 2017. At the hearing,
Plaintiff’s counsel explained to the Court that counsel no longer wished to withdraw and would
continue to represent Plaintiff. Additionally, the parties informed the Court that they agreed
Plaintiff will have until Friday, August 25, 2017 to respond to the written discovery Defendant
propounded on April 14, 2017. Defendant indicated it would not seek attorney’s fees so long it
received Plaintiff’s responses by August 25, 2017. The Court has considered the parties’
submissions and representations at the hearing and FINDS the motion to withdraw is now moot
and Defendant’s motion to compel well-taken.
IT IS, THEREFORE, ORDERED that Defendant’s motion to compel is GRANTED
IN PART. Plaintiff shall provide responses without objection to Defendant’s First Set of
Interrogatories and Requests for Production on or before Friday August 25, 2017, but
Defendant shall not seek attorney’s fees if responses are timely received.

IT IS FURTHER ORDERED that counsel for Plaintiff’s motion to withdraw from
representation is DENIED as moot.

________________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE