LM Restaurants, Inc. v. Ale Yeah!, Inc. et al

Filing 83

ORDER granting 81 MOTION to Compel . Defendant Fill 'Er Up shall respond fully without objection to Interrogatory Nos. 1-7 and produce all documents responsive to Request for Production of Document Nos. 1-25 within 30 days of this Order. Signed by Magistrate Judge David S. Cayer on 2/9/17. (Pro se litigant served by US Mail.)(tob)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
Case No: 3:15-cv-354 -MOC-DSC
LM RESTAURANTS, INC.,
Plaintiff,
v.
ALE YEAH!, INC., ALE YEAH! ROSWELL,
INC., FILL ‘ER UP, LLC, FRANCISCO
VILA AND EDDIE HOLLEY,
Defendants.

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ORDER

THIS MATTER IS BEFORE the Court on Plaintiff’s Motion to Compel (document #81)
responses to interrogatories and requests for production from Defendant Fill ‘Er Up, LLC (“Fill
‘Er Up”), and to deem admitted Request for Admission Nos. 1-9 to Defendant Fill ‘Er Up.
On August 30, 2016, the Clerk entered default against Defendant Fill ‘Er Up. (document
#72).
Defendant Fill ‘Er Up has not responded to Plaintiff’s Motion, and the time for filing a
response has expired.
THEREFORE, IT IS HEREBY ORDERED that:
1. Within thirty (30) days of this Order Defendant Fill ‘Er Up shall respond fully without
objection to Interrogatory Nos. 1-7 and produce all documents responsive to Request for
Production of Document Nos. 1-25
2.

Plaintiff’s Request for Admission Nos. 1-9 to Defendant Fill ‘Er Up are deemed

admitted.
3.

The Clerk shall send copies of this Order to Defendant Fill ‘Er Up, the remaining

parties’ counsel; and to the Honorable Max O. Cogburn, Jr.

SO ORDERED.
Signed: February 9, 2017

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