Freeman et al v. Giuliani

Filing 103

MEMORANDUM & ORDER granting 93 Motion to Compel. Dkt. No. 93. The motion is granted. As further set forth in this Order. The failure to timely respond to a document request waives all objections. Robert Barbera v. Grailed, LLC, 2024 WL 4836 616, at *1 (S.D.N.Y. Nov. 20, 2024); Cohalan v. Genie Indus., Inc., 276 F.R.D. 161, 163 (S.D.N.Y. 2011) (collecting cases). The Court's order was clear and unambiguous. Defendant is in violation of it. Defendant shall comply with the First RFP s by no later than November 26, 2024, by producing serving responses and all documents responsive to the First RFPs in his possession, custody or control, or show cause why he should not be held in contempt for violation of the Court's order of October 28, 2024. Violation of this Order, unless modified, may also be punishable by contempt. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 93. SO ORDERED.. (Signed by Judge Lewis J. Liman on 11/22/2024) (ks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
RUBY FREEMAN and
:
WANDREA’ MOSS,
:
:
Plaintiffs,
:
:
-v:
:
RUDOLPH W. GIULIANI,
:
:
Defendant.
:
:
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11/22/2024

24-cv-06563 (LJL)
MEMORANDUM &
ORDER

LEWIS J. LIMAN, United States District Judge:
Plaintiffs Ruby Freeman and Wandrea’ Moss move, pursuant to Local Rule 7.1(d),
Federal Rules of Civil Procedure 34 and 37, Paragraph 1(C) of the Court’s Individual Rules and
Practices, and the Court’s orders dated October 28, 2024, Dkt. No. 53, and November 4, 2024,
Dkt. No. 59, to compel Defendant to make full and complete productions in response to
Plaintiffs’ First Set of Requests for Production of Documents (“First RFPs”). Dkt. No. 93. The
motion is granted.
By order of October 28, 2024, the Court directed that “all discovery requests be
responded to within 14 days of service, including responses and objections as well as document
production pursuant to Fed. R. Civ. P. 34.” Dkt. No. 53. On November 1, 2024, Plaintiffs
served their First RFPs. Dkt. No. 93–1, 93–2. Accordingly, Defendant was required by court
order to respond by November 15, 2024. Defendant has violated the court order and has not
responded to the First RFPs.
Plaintiffs filed this motion on November 18, 2024. Dkt. No. 93. That same day, the
Court ordered Defendant to respond by November 20, 2024, as set forth for all parties in the

Court’s Individual Practices in Civil Cases. Dkt. No. 94. The Court also warned that, in the
absence of a timely response, the motion would be considered unopposed. Id. Defendant did not
file any response.
The failure to timely respond to a document request waives all objections. Robert
Barbera v. Grailed, LLC, 2024 WL 4836616, at *1 (S.D.N.Y. Nov. 20, 2024); Cohalan v. Genie
Indus., Inc., 276 F.R.D. 161, 163 (S.D.N.Y. 2011) (collecting cases). The Court’s order was
clear and unambiguous. Defendant is in violation of it.
Defendant shall comply with the First RFPs by no later than November 26, 2024, by
producing serving responses and all documents responsive to the First RFPs in his possession,
custody or control, or show cause why he should not be held in contempt for violation of the
Court’s order of October 28, 2024. Violation of this Order, unless modified, may also be
punishable by contempt.
The Clerk of Court is respectfully directed to close the motion at Dkt. No. 93.
SO ORDERED.
Dated: November 22, 2024
New York, New York

2

__________________________________
LEWIS J. LIMAN
United States District Judge