Armstrong v. Yopp Properties, LLC

Filing 38

ORDER denying 36 Motion to Compel and 37 Motion to Compel - Signed by District Judge Louise Wood Flanagan on 07/31/2014. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
NO. 7:13-CV-235-FL

BARBARA ARMSTRONG,
Plaintiff,
v.
YOPP PROPERTIES, LLC,
Defendant.

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ORDER

This matter comes before the court on plaintiff’s motions to compel admissions (DE 26) and
requests for production of documents (DE 37), filed July 29, 2014, also sounding as a motion for
sanctions. While the response time has not yet elapsed, the court addresses now both motions.
As to the motion to compel admissions, it is DENIED, where Rule 36(a)(4) provides that any
request not timely responded to is deemed admitted. To the extent plaintiff served previously the
requests for admissions memorialized in her motion upon defendant, and more than 30 days have
elapsed with no response being made, all requests have been admitted and, therefore, plaintiff has
her answers upon which she may rely in this proceeding.
As to the motion to compel documents, because it is not clear that plaintiff has served
previously these requests for production of documents upon defendant, therefore, her motion is
DENIED subject to her showing in supplement to this motion within 14 days that more than 30 days
now have elapsed since the requests at issue were served by her with no response being made. If that
is the case, the court then will take back up this motion.

Because the circumstances of which plaintiff complains are not clear on the face of the
record, the court dispenses here alternative rulings:
1. Alternatively, if it cannot be shown by plaintiff that her requests for admissions and
requests for production of documents earlier were served in the forms submitted by plaintiff and
lodged on the docket July 29, 2014 (DE 36, 37), in its discretion, the court deems that date the
effective service date of her requests as therein contained.
a. If defendant fails to respond, plaintiff may bring another motion before the court
directed to the requests for production of documents.
b. Again where the rule provides “[a] matter is admitted unless within 30 days after
being served, the party to whom the request is directed serves on the requesting party a written
answer or objection addressed to the matter and signed by the party or its attorney,” Fed.R.Civ.Pro.
36(a)(4), should defendant fail timely to respond, plaintiff will have her answers upon which she may
rely in this proceeding.
2. Alternatively, if it be shown by plaintiff that her requests for admissions and requests for
production of document earlier were served in the forms submitted by plaintiff and lodged on the
docket July 29, 2014 (DE 36, 37), and defendant objected, or responded in a way plaintiff deems
incomplete or objectionable, plaintiff may breathe new life in her motions to compel (DE 36, 37)
simply by supplementing these motions with copies of defendant’s responses, again within 14 days.

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The clerk shall terminate the motions in accordance with the court’s order, subject to renewal
as herein specified.
This the 31st day of July, 2014.

_____________________________
LOUISE W. FLANAGAN
United States District Judge

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