T.A. v. Burke County Public Schools Board of Education et al

Filing 43

ORDER denying 19 Motion to Compel. Signed by Magistrate Judge Dennis Howell on 10/13/2014. (Pro se litigant served by US Mail.)(thh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13cv278
T. A., as lawful guardian ad litem of
minor child, H.S.,

)
)
)
Plaintiffs,
)
)
v.
)
)
BURKE COUNTY PUBLIC SCHOOLS )
BOARD OF EDUCATION, et al,
)
)
Defendants.
)
___________________________________ )

ORDER

Pending before the Court is the Motion to Compel [# 19]. Defendants move
the Court to compel the deposition of Plaintiff H.S. The Court DENIES the
motion [# 19].
I.

Analysis

Rule 37 of the Federal Rules of Civil Procedure does not specify a specific
time limit for the filing of a motion to compel. See Fed. R. Civ. P. 37; PCS
Phosphate Co. v. Norfolk Southern Corp., 238 F.R.D. 555, 558 (E.D.N.C. 2006).
Absent a specific order from the Court in the scheduling order, a party must
generally move to compel a party to comply with a discovery request or to compel
a deposition prior to the close of discovery or the motion is untimely. See Days
Inn Worldwide, Inc. v. Sonia Invs., 237 F.R.D. 395, 397-98 (N.D. Tex. 2006)

(collecting cases); U.S. v. $28,720.00 in United States Currency, No. 1:13cv106,
2014 WL 1570925, at *1 (W.D.N.C. Apr. 17, 2014) (Howell, Mag. J.); Wellness
Group, LLC v. King Bio, Inc., No. 1:12cv281, 2013 WL 5937722, at *1
(W.D.N.C. Nov. 4, 2013) (Howell, Mag. J.); Murphy v. Auto Advantage, Inc.,
2012 WL 28781, at *1 (W.D.N.C. Jan. 5, 2012) (Howell, Mag. J.); Rudolph v.
Buncombe Cnty Gov’t, No. 1:10cv203, 2011 WL 5326187 (W.D.N.C. Nov. 4,
2011) (Howell, Mag. J.).
Discovery in this case closed September 1, 2014. As the Pretrial Order
warned the parties. “[m]otions to compel must be filed within the discovery period
or they may be deemed waived.” (Order, Feb. 3, 2014 at p. 6.) Defendants,
however, waited until September 19, 2014, several weeks after the close of
discovery, to file their Motion to Compel. Because Defendants failed to file their
Motion to Compel within the discovery period, the motion is untimely, and the
Court DENIES the motion.
II.

Conclusion

The Court DENIES the Motion to Compel [# 19].

Signed: October 13, 2014