Federal Trade Commission v. ACDI Group, LLC et al

Filing 22

ORDER granting 15 Motion to Compel. Defendants shall have fourteen (14) day to produce documents. Signed by Senior Judge Graham Mullen on 11/8/17. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:17-CV-00340-GCM
FEDERAL TRADE COMMISSION,
Plaintiff,
v.
ANTHONY SWATSWORTH,
ACDI GROUP, LLC,
SOLUTIONS TO PORTFOLIOS, LLC,

Defendants.

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ORDER

THIS MATTER is before the Court on Plaintiff’s Motion to Compel (Doc. No. 15), filed
on October 12, 2017. Plaintiff served three sets of interrogatories and three requests for production
of documents to Defendants on August 11, 2017. Defendants’ responses were due within 30 days,
on September 11, 2017. Without requesting an extension of time with this Court or showing good
cause for delay, Defendants submitted their responses on September 26, 2017. These responses
included objections to the interrogatories requesting information about Defendants’ employees and
finances.
Plaintiff asserts that because Defendants did not timely file their objections or demonstrate
good cause for their delay, Defendants have waived any objections to the interrogatories. “Any
ground not stated in a timely objection is waived unless the court, for good cause, excuses the
failure.” Fed. R. Civ. P. 33(b)(4). Defendants, in spite of receiving an extension of time to respond
to this Motion, have not responded or posited any grounds for good cause to the Court. Thus, their
objections have been waived.

Accordingly, Plaintiff’s Motion to Compel is GRANTED. Defendants shall have fourteen
(14) days to produce:


Identification of employees pursuant to FTC interrogatory No. 7;



Production of financial institution account statements for ACDI, STP, and any other entity
owned or controlled by Swatsworth, pursuant to FTC request for production No. 8;



Production of financial statements for ACDI, STP, and any other entity owned or controlled
by Swatsworth, pursuant to FTC request for production No. 9;



Identification of Swatsworth’s financial institution accounts, pursuant to FRC interrogatory
No. 13;



Identification of government proceedings pursuant to FTC interrogatory No. 12; and



Other documents meeting the specified requests of Plaintiff that have been withheld by
Defendants under Defendants’ general objections.
SO ORDERED.

Signed: November 8, 2017