Sirsi Corporation v. Craven-Pamlico-Carteret Regional Library System

Filing 24

Memorandum in Support re 23 MOTION to Compel Responses to its First Set of Requests for Production of Documents filed by Sirsi Corporation. (Attachments: # 1 Exhibit A- Email & SirsiDynix's First Set of Requests for Production of Documents, # 2 Exhibit B- Letter dated October 13, 2011, # 3 Exhibit C- Thompson v. NAVISTAR) (Numbers, Robert)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
Civil Action No. 4:11-cv-00059-BO
Sirsi Corporation d/b/a SirsiDynix,
Plaintiff,
v.
Craven-Pamlico-Carteret Regional
Library System,

Memorandum in Support of SirsiDynix’s
Motion to Compel Responses to its First Set
of Requests for Production of Documents

Defendant.
Plaintiff Sirsi Corporation d/b/a SirsiDynix (“SirsiDynix”) states the following grounds in
support of its motion for an order compelling Defendant Craven-Pamlico-Carteret Regional
Library System (“CPC Regional”) to respond in full to SirsiDynix’s First Set of Requests for
Production of Documents and awarding SirsiDynix its attorneys fees in connection with this
motion:
STATEMENT OF THE CASE AND FACTS
On September 6, 2011, Magistrate Judge David W. Daniel entered a Scheduling Order
which required all discovery to be completed by January 31, 2010.
On September 6, 2011, SirsiDynix served its First Set of Requests for Production of
Documents on CPC Regional via e-mail and United States Mail. See Exhibit A. Pursuant to
Rules 6 and 34 of the Federal Rules of Civil Procedure, CPC Regional’s responses to
SirsiDynix’s First Set of Requests for Production of Documents were due on October 10, 2011.
On October 13, 2011, having not received responses to SirsiDynix’s First Set of Requests
for Production of Documents, an order from the court allowing a longer time to respond to the

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documents, or a request from opposing counsel to extend the time to respond, counsel for
SirsiDynix sent a letter to CPC Regional requesting that they respond to the First Set of Requests
for Production of Documents by Friday, October 14, 2011. See Exhibit B.
As of the time of this filing SirsiDynix has not received responses to its First Set of
Requests for Production of Documents.
ARGUMENT
I.

CPC REGIONAL’S FAILURE TO RESPOND TO SIRSIDYNIX’S DISCOVERY
REQUESTS ENTITLES SIRSIDYNIX TO AN ORDER DEEMING ANY
OBJECTIONS CPC REGIONAL MAY HAVE HAD TO THE DISCOVERY
REQUESTS TO BE WAIVED AND COMPELLING CPC REGIONAL TO
RESPOND TO THE REQUESTS IN A TIMELY MANNER
SirsiDynix brings this Motion to Compel CPC Regional to respond to its First Set of

Requests for Production of Documents. A party may seek an order compelling discovery in the
event that a party who has been served with Requests for Production of Documents pursuant to
Rule 34 fails to respond in a timely manner. Fed. R. Civ. P. 37(a)(3)(B)(iv).
Under Rule 34(b)(2)(A) of the Federal Rules of Civil Procedure “[t]he party to whom the
request is directed must respond in writing within 30 days after being served. A shorter or longer
time may be stipulated to [by the parties] or be ordered by the court.” Fed. R. Civ. P. 34(b)(A).
This rule is read in conjunction with Rule 6(d) of the Federal Rules which provides that “[w]hen
a party may or must act within a specified time after service … 3 days are added after the period
would otherwise expire….” Fed. R. Civ. P. 6(d). The failure to respond to discovery requests in
a timely manner without good cause also operates as a waiver of any objections a party had to the
discovery requests. Thompson v. Navistar, Inc., 5:10-cv-127, 2001 WL 2198848, *2 (E.D.N.C.
June 6, 2011) (citing cases) (attached as Exhibit C).

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In this case, SirsiDynix served its First Set of Requests for Production of Documents on
CPC Regional via e-mail and United States Mail on September 6, 2011.

See Exhibit A.

Pursuant to Rules 6 and 34 of the Federal Rules of Civil Procedure, CPC Regional’s responses to
SirsiDynix’s First Set of Requests for Production of Documents were due on October 10, 2011.
As of the time of this filing, CPC Regional failed to respond to the Requests for Production of
Documents, CPC Regional has not requested additional time to respond from SirsiDynix, and the
court has not entered an order allowing CPC Regional additional time to respond to the discovery
requests. Therefore, SirsiDynix is entitled to an order (1) deeming any objections that CPC
Regional may have had to the discovery requests to have been waived and (2) requiring CPC
Regional to respond to the discovery requests within 7 days of the court’s order.
II.

CPC REGIONAL’S FAILURE TO RESPOND ENTITLES SIRSIDYNIX TO AN
AWARD OF ITS EXPENSES INCURRED IN BRINGING THIS MOTION
Pursuant to Rule 37(a)(5) of the Federal Rules of Civil Procedure provides for an award

of expenses where a Motion to Compel is granted. The relevant portion of the rule states:
If the motion is granted—or if the disclosure or requested discovery is provided
after the motion was filed—the court must, after giving an opportunity to be
heard, require the party or deponent whose conduct necessitated the motion, the
party or attorney advising the conduct, or both to pay the movant's reasonable
expenses incurred in making the motion.
Fed. R. Civ. P. 37(a)(5)(A). Here, without explanation, CPC Regional failed to respond to
SirsiDynix’s Requests for Production of Documents in a timely manner, failed to seek an
extension of time from SirsiDynix to respond to the request, and failed to seek an extension of
time to respond from the court. Therefore, SirsiDynix is entitled to recover its expenses incurred
in connection with this motion.

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CONCLUSION
Based upon the foregoing arguments and authorities SirsiDynix’s Motion to Compel
should be granted.
Dated: October 17, 2011.

WOMBLE CARLYLE SANDRIDGE & RICE
A Limited Liability Partnership
By:

/s/ Robert T. Numbers II____________
ROBERT T. NUMBERS, II (State Bar No. 34134)
150 Fayetteville Street, Suite 2100
Post Office Box 831
Raleigh, North Carolina 27602
[phone]
[phone] (facsimile)
Attorney for Plaintiff

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CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing was filed electronically with the Clerk of
Court using the CM/ECF system, which will send notification of such filing to the following:
Lee W. Bettis , Jr.
The Bettis Law Firm
P. O. Box 848
New Bern, NC 28560
Email: [e-mail]
Attorney for Defendant

Dated: October 17, 2011.

WOMBLE CARLYLE SANDRIDGE & RICE
A Limited Liability Partnership
By:

/s/ Robert T. Numbers II____________
ROBERT T. NUMBERS, II (State Bar No. 34134)
150 Fayetteville Street, Suite 2100
Post Office Box 831
Raleigh, North Carolina 27602
[phone]
[phone] (facsimile)
Attorney for Plaintiff

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