Rivers v. Time Warner Cable Inc.

Filing 15

MEMORANDUM AND ORDER granting 13 Motion to Compel. Signed by Magistrate Judge David S. Cayer on 2/28/2012. (Pro se litigant served by US Mail.) (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:11CV146-RJC-DSC

CHRISTINE RIVERS,
Plaintiff,
v.
TIME WARNER CABLE, INC.,
Defendant.

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MEMORANDUM AND ORDER

THIS MATTER is before the Court on “Defendant’s Motion to Compel Plaintiff’s
Discovery Responses” (document #13) and “Memorandum ... in Support ...” (document #14), both
filed February 7, 2012. The pro se Plaintiff has not responded to the subject Motion and the time
for filing a response has expired.
This Motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C.
§636(b)(1)(B), and is now ripe for the Court’s consideration.
For the reasons stated in its Motion and supporting brief, the Court grants Defendant’s
Motion to Compel.
Dismissal and the imposition of monetary sanctions are remedies available under Rule 37
for a party’s failure to obey rules governing discovery and orders of the District Court. See Fed. R.
Civ. P. 37(b)(2)(C); National Hockey League v. Metro. Hockey Club, 427 U.S. 639, 643 (1976);
Mutual Fed. Sav. & Loan v. Richards & Assocs., 872 F.2d 88, 92 (4th Cir. 1989); and Wilson v.
Volkswagen of America, Inc., 561 F.2d 494, 504-04 (4th Cir. 1977).
Accordingly, the Court warns Plaintiff that failure to provide a full and complete response

to Request Number Eight of Defendant’s First Requests for Production of Documents or failure to
respond to any other of Defendant’s reasonable discovery requests, or to otherwise comply fully
with any of the Court’s Orders, the Local Rules, or the Rules of Civil Procedure may result in the
imposition of sanctions. Sanctions may include Plaintiff being ordered to pay Defendant’s
costs, including reasonable attorney’s fees in their entirety, and may also include dismissal of
the Complaint with prejudice.
NOW THEREFORE, IT IS ORDERED:
1. “Defendant Motion to Compel Plaintiff’s Discovery Responses” (document #13) is
GRANTED. Within fifteen (15) days of the date of this Memorandum and Order, Plaintiff shall
provide a full and complete response to Request Number Eight of Defendant’s First Requests for
Production of Documents.
2. The parties shall bear their own costs at this time.
3. The Clerk is directed to send copies of this Memorandum and Order to the pro se
Plaintiff; to defense counsel; and to the Honorable Robert J. Conrad, Jr.
SO ORDERED.

Signed: February 28, 2012