Gainey v. Alliance One

Filing 16

ORDER that the Notice of Plaintiff's Failure to Comply with Order Compelling Discovery 15 and any relief requested therein is hereby DENIED without prejudice. Signed by Magistrate Judge Dennis Howell on 08/31/2012. (Pro se litigant served by US Mail.)(thh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11 CV 279

STEPHEN GAINEY,
Plaintiff
V
ALLIANCE ONE,
Defendant.

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ORDER

THIS MATTER is before the Court pursuant to a Notice of Plaintiff’s Failure
to Comply with Order Compelling Discovery (#15) filed by defendant.

In the

document, defendant requests the Court grant Plaintiff the relief sought in its Motion
to Compel, including but not limited to its reasonable expenses, including attorney
fees. Alliance further requests that the Court grant such other and further relief as this
Court deems necessary and appropriate, including dismissal of this action for the
plaintiff’s failure to prosecute. Should defendant desire such relief, filing a document
such as filed by defendant’s counsel in this matter is not the method approved by the
Federal Rules of Civil Procedure for seeking such relief. Defendant’s counsel should
examine Rule 37 of the Federal Rules of Civil Procedure and defendant desires relief
under that Rule, then defendant’s counsel should file the appropriate pleadings.
Due to the fact that plaintiff is no longer represented by counsel, the
undersigned will take this opportunity to advise plaintiff again that plaintiff has been
directed by Order of this Court to respond to defendant’s interrogatories and to
produce all responsive documents to defendant’s request for production of documents.

As stated previously, failure to comply with the Court’s Order could result in this
Court recommending to the District Court that the District Court dismiss this action
for failure to prosecute and could also result in attorney fees and other expenses being
taxed to the plaintiff, if defendant files a motion for such relief under Rule 37. If the
plaintiff does not desire to prosecute this matter, then plaintiff should contact counsel
for defendant and determine whether or not a stipulation of dismissal can be entered
without any taxing of attorney fees or expenses.
ORDER
IT IS, THEREFORE, ORDERED that the Notice of Plaintiff’s Failure to
Comply with Order Compelling Discovery (#15) and any relief requested therein is
hereby DENIED without prejudice.

It is further ORDERED that a copy of this

Order be mailed to the pro se plaintiff by United States mail.

Signed: August 31, 2012

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