Hall v. SSC Wallace Operating Company LLC et al

Filing 72

ORDER denying without prejudice 69 Motion to Compel. Signed by US Magistrate Judge William A. Webb on 4/1/2013. (Sawyer, D.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
NO: 7:11-CV-00230-D

DENTINA HALL,
Administrator of the Estate of
Loriner F. Lanier, Deceased,

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Plaintiff,
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v.
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SSC WALLACE OPERATING COMPANY )
LLC, et al.,
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Defendants.
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ORDER

This cause comes before the Court upon Plaintiff’s motion to compel (DE-69)
from Defendant SSC Wallace Operating Company LLC documents and information
responsive to her first set of requests for admission, interrogatories and requests for
production of documents served July 6, 2013.

Plaintiff certifies she has made a good

faith effort to resolve the discovery dispute. In its response, Defendant indicates that
since the motion to compel was filed, it has now produced all documents and addressed
each specific area of concern identified by Plaintiff’s counsel. As such, Defendant
asserts that “the discovery issues raised in Plaintiff’s Motion to Compel have been
resolved, and Plaintiff’s motion is moot.” Def.’s Resp. 3, DE-71.

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Counsel for Defendant, as an officer of this Court, has certified that the discovery
issues raised in Plaintiff’s motion to compel have been resolved and that the instant
motion to compel is therefore moot. It appearing that the motion to compel is now moot,
the motion to compel (DE-69) is DENIED WITHOUT PREJUDICE. Plaintiff may refile the motion to compel if she believes that the newly-produced discovery is
incomplete.

If a subsequent motion to compel proves meritorious, Defendant is

cautioned that the Court will impose sanctions pursuant to Rule 37 of the Federal Rules
of Civil Procedure.
DONE AND ORDERED in Chambers at Raleigh, North Carolina this 1st day of
April, 2013.

_______________________________
WILLIAM A. WEBB
UNITED STATES MAGISTRATE JUDGE

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