Jett et al v. Woodard et al

Filing 42

ORDER denying 38 Motion to Compel; denying 38 Motion for Sanctions. Signed by Magistrate Judge Robert B. Jones, Jr on 8/29/2024. Copies sent via US mail to Raymond A. Jett, Jr. and Tara Jett at 170 Emily Dr., Chadbourn, NC 28431 and A J Woodard and Taylor Parker at P O Box 2102, Whiteville, NC 28472 (Collins, S)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:23-CV-1616-FL
RAYMOND A. JETT, JR., et al.,
Plaintiffs,
ORDER
V.

AJ WOODARD, et al.,
Defendants.

This matter is before the court on pro se Plaintiff Raymond Jett's motion to compel
discovery and for sanctions. [DE-38]. No responses were filed, and the time to do so has expired.
For the reasons that follow, the motion to compel is denied.
Jett asserts that on May 31 , 2024, he served Defendants Woodard and Parker, by mail sent
to their address of record with the court, with a first set of interrogatories and that neither Defendant
responded, the time to do so having now expired. [DE-38] at 1-2. Jett asks the court to compel
Defendants to respond to the interrogatories within ten days and does not specify any sanctions
sought. Id. at 3.
In a prior related order addressing Jett's motion to require Defendant Woodard to disclose
his address, the court observed that Jett's exhibits demonstrated that he incorrectly addressed the
envelope containing the discovery requests for Woodard. [DE-39]. Jett provided a copy of the
envelope that was returned to sender, and it bears the address "P.O. Box - 2012" rather than the
address listed in Woodard's address notice, which is P.O. Box 2102. Compare [DE-30], with [DE36-1] at 3. Accordingly, the court cannot find that Woodard was properly served with the
interrogatories, and the motion to compel is denied as to Woodard.

As for Defendant Parker, Jett asserts that he served Parker with the interrogatories by mail
to his mailing address, which matched the one on file with the court at the time, and the certificate
of service reflects that Parker was also served at his address of record with a copy of the motion to
compel. However, Parker has since filed a Change of Address alerting the court that he moved
from that address and will receive his mail going forward at a P.O. Box. [DE-40-2]. Accordingly,
in an abundance of caution, the court cannot conclude that Parker was served with the
interrogatories, and the motion to compel is denied as to Parker.
Jett may re-serve the interrogatories on Defendants at the current address, and Defendants
are reminded of their obligation to participate in discovery.
So ordered, this the 29th day of August, 2024.

Ro~
United States Magistrate Judge

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