Vela v. Sterigenics U.S., LLC et al

Filing 43

ORDER GRANTING STERIGENICS' MOTION TO COMPEL by Chief Magistrate Judge Gregory B. Wormuth granting 40 Motion to Compel. Plaintiff has 21 days to provide complete discovery responses as detailed in the Order and 7 days to respond to Defendant Sterigenics' request for attorneys' fees and costs. (es)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
CAROLINA LOZANO VELA,
Plaintiff,
v.

Civ. No. 23-363 JCH/GBW

STERIGENICS U.S., LLC, et al.,
Defendants.
ORDER GRANTING DEFENDANT STERIGENICS’ MOTION TO COMPEL
THIS MATTER comes before the Court on Defendant Sterigenics’ Motion to
Compel Plaintiff to Provide Complete Discovery Responses (“Motion”), filed on May
13, 2024. Doc. 40. Defendant Sterigenics moves the Court to compel Plaintiffs to
provide complete discovery responses to Interrogatories 8, 13, and 23 and Requests for
Production 1, 6, 8, 9, 16, and 17 from Defendant Sterigenics’ First Set of Discovery
Requests. Id. at 6. Plaintiff’s response to the Motion was due on May 27, 2024, but none
was filed. On May 30, 2024, Defendant Sterigenics filed a reply to the Motion in which
it moved the Court to grant the Motion on the basis of Plaintiff’s failure to respond as
well as to award it the “attorneys’ fees and costs incurred in connection with the Motion
to Compel and this Reply.” Doc. 41 at 2.
Under the Local Rules, “[t]he failure of a party to file and serve a response in
opposition to a motion within the time prescribed for doing so constitutes consent to

grant the motion.” D.N.M. LR-Civ 7.1(b). Given Plaintiff’s failure to respond to the
Motion, the Court will GRANT it.
IT IS THEREFORE ORDERED that Plaintiff shall provide complete responses to
Interrogatories 8, 13, and 23 and Requests for Production 1, 6, 8, 9, 16, and 17 from
Defendant Sterigenics’ First Set of Discovery Requests. Plaintiff’s complete responses
are due no later than twenty-one (21) days from the issuance of this Order.
IT IS FURTHER ORDERED that Plaintiff shall have seven (7) days from the
issuance of this Order to respond to Defendant Sterigenics’ request for attorneys’ fees
and costs. See doc. 41 at 2.

_______________________________________________

GREGORY B. WORMUTH
CHIEF UNITED STATES MAGISTRATE JUDGE