Word v. Creative Darlings, LLC et al
ORDER granting 49 Motion to Compel. Plaintiff is hereby directed to provide prompt and complete responses to the Interrogatories and production requests no later than December 1, 2021; FURTHER ORDERED that Defendants submit a fee affidavit as to their fees and costs incurred in pursuing their Motion to Compel. Signed by Senior Judge Graham Mullen on 11/17/2021. (Pro se litigant served by US Mail.)(ef)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CREATIVE DARLINGS LLC, KUNAL
SHAH, PRESIDENT, KUNAL SHAH,
This matter is before the Court upon Defendant’s Motion to Compel Discovery
Responses and for Sanctions, filed November 1, 2021, pursuant to Rule 37 of the Federal Rules
of Civil Procedure. (Doc. No. 49). The pro se Plaintiff filed a response (Doc. No. 51) and the
Defendants have replied (Doc. No. 52). Accordingly, this motion is ripe for disposition.
Defendants served Interrogatories and Requests for Production on Plaintiff on July 23,
2021, almost four months ago. After Plaintiff failed to respond, Defendants requested that the
Court hold a discovery conference, which the Court conducted telephonically on October 6,
2021. At the conference the Court explained to Ms. Wood that she was required to respond to the
Defendants’ discovery requests, and the Court entered an Order directing that she do so by
October 21, 2021.
On October 21, Plaintiff sent Defendants’ counsel patently unreasonable and
deficient responses to Defendants’ discovery. In fact, her document production consisted solely
of pages from her 2019 and 2020 federal tax returns and nothing further despite the fact that the
discovery included 19 Requests for Production. Defendants sent Plaintiff a detailed email on
October 25 which outlined many of the reasons why Plaintiff’s responses and document
production were deficient, attached applicable case law supporting the request for certain
information related to her social media accounts, and gave Plaintiff until close of business on
October 29, 2021 to supplement her responses and document production. Plaintiff failed to
Plaintiff seems to be under the impression that she can file a lawsuit and then refuse to
provide any discovery to the Defendants so that they might be able to defend themselves against
her claims. The Court advises the Plaintiff that this is not the way litigation works.
IT IS THEREFORE ORDERED that Defendants’ Motion to Compel is hereby
GRANTED, and the Plaintiff is hereby directed to provide prompt and complete responses to the
Interrogatories and production requests no later than December 1, 2021. Plaintiff is warned
that if she persists in failing to provide this discovery the Court may consider dismissal of
IT IS FURTHER ORDERED that Defendants submit a fee affidavit as to their fees and
costs incurred in pursuing their Motion to Compel.
Signed: November 17, 2021
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