Nautilus Insurance Company v. Smoky Mtn Construction Co. et al

Filing 17

ORDER granting 15 Motion to Compel; granting 16 Motion for Leave to File Response to Motion to Compel. Signed by Magistrate Judge Dennis Howell on 05/14/2015. (klb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
2:14cv49
MAUTILUS INSURANCE COMPANY, )
)
Plaintiff,
)
)
v.
)
)
SMOKEY MTN CONSTRUCTION
)
CO., PATRICK BRAY, and
)
MARGARET O’BANNION,
)
)
Defendants.
)
___________________________________ )

ORDER

Pending before the Court is the Motion to Compel [# 15] and Motion for
Leave to File Response to Motion to Compel [# 16]. Plaintiff moves to compel
Defendants to provide their initial disclosures and to respond to Plaintiff’s
discovery requests. Defendants failed to file a timely response to the Motion to
Compel. Accordingly, Defendants moved for leave to file a response out of time.
Defendants included their response to the Motion to Compel in their Motion for
Leave to File Response to Motion to Compel [# 16]. In their Response to the
Motion to Compel, Defendants agree that Plaintiff is entitled to an Order
compelling Defendants to fully respond to Plaintiff’s discovery requests and to
provide initial disclosures.

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Upon a review of the parties’ pleadings, the record, and the relevant legal
authority, the Court GRANTS the Motion for Leave to File Response to Motion to
Compel [# 16]. The Court also GRANTS the Motion to Compel [# 15].
Defendants shall have ten (10) days from the entry of this Order to provide
Plaintiff with initial disclosures and to respond to Plaintiff’s discovery requests.
The Court notes that the Court would have awarded Plaintiff its fees, including
attorney’s fees, in bringing the Motion to Compel, but Plaintiff specifically stated
in its motion that it was not seeking an award of costs and fees.

Signed: May 14, 2015

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