Huntley v. Duke Energy Carolinas, LLC

Filing 28

ORDER granting 22 Motion in the alternative (Motion to Compel). Plaintiff is Compelled to respond to Defendants First Set of Interrogatories and Request for Production of Documents and to execute an Authorization for the Release of protected health information within fourteen (14) calendar days of this Order. Signed by Magistrate Judge David S. Cayer on 7/13/2015. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:14-CV-00224-RJC-DSC
BOBBY C. HUNTLEY,
Plaintiff,
v.
DUKE ENERGY CAROLINAS, LLC,
Defendant.

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ORDER

THIS MATTER is before the Court on “Defendant’s Motion to Dismiss for Failure to
Prosecute and, in the Alternative, Motion to Compel” (document # 22) filed June 10, 2015 and the
parties associated briefs and exhibits. See documents #22 and #27.
The Court has carefully examined the record, the parties’ arguments and the applicable
authorities. The Court will grant the Motion in the alternative and compel Plaintiff to respond
to Defendant’s First Set of Interrogatories and Request for Production of Documents and to
execute an Authorization for the Release of protected health information within fourteen (14)
calendar days of this Order.
The Court also finds that Plaintiff should pay reasonable costs, including attorneys' fees,
incurred by Defendant in filing the instant Motion to Compel.
Defendant shall submit an affidavit detailing the expenses, including attorneys’ fees
incurred in the filing of the instant Motion within seven (7) calendar days of this Order. Upon
reviewing the affidavit, the Court will enter an order granting reasonable costs.

The Clerk is directed to send copies of this Order to counsel for the parties, including but
not limited to moving counsel; and to the Honorable Robert J. Conrad, Jr..
SO ORDERED.

Signed: July 13, 2015