Miller v. Carolinas Healthcare System

Filing 28

ORDER granting in part and denying in part 27 Motion to Compel. Within fourteen (14) days Plaintiff shall provide discovery materials. Signed by Magistrate Judge David S. Cayer on 08/08/2014. (Pro se litigant served by US Mail.)(jlk)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:12-CV-00314-RJC-DSC
GREGORY JEROME MILLER,
Plaintiff,
v.
CAROLINAS HEALTHCARE SYSTEM,
Defendant.

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MEMORANDUM AND ORDER

THIS MATTER is before the Court on the “Defendant’s Motion to Compel Rule
26(a)(1) Initial Disclosures, and Responses to First Set of Interrogatories and Requests for
Production” (document # 27) filed July 16, 2014.

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 orders the pro se
Plaintiff to serve his Rule 26(a) Initial Disclosures and respond to Defendant’s First Set of
Interrogatories and Requests for Production.
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);
Wilson v. Volkswagen of America, Inc., 561 F.2d 494, 504-04 (4th Cir. 1977).

Accordingly, the Court warns Plaintiff that failure to provide full and complete Initial
Disclosures and responses to Defendant’s First Set of Interrogatories and Requests for
Production 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’s Motion to Compel Rule 26(a)(1) Initial Disclosures, and Responses to
First Set of Interrogatories and Requests for Production” (document #27) is GRANTED IN
PART and DENIED IN PART. Within fourteen (14) days of the date of this Memorandum and
Order, Plaintiff shall provide full and complete Initial Disclosures and responses to Defendant’s
First Set of Interrogatories and Requests for Production.
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 pro se
Plaintiff; to defense counsel; and to the Honorable Robert J. Conrad, Jr.
SO ORDERED.

Signed: August 8, 2014