Price v. Smedley's Chevrolet

Filing 22

ORDER AND ENTRY DENYING DEFENDANTS MOTION TO COMPEL WITHOUT PREJUDICE TO REFILING (DOC. 18). Signed by Magistrate Judge Michael J. Newman on 9/30/2017. (dm)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
JAMES PRICE,
Plaintiff,

Case No. 3:16-cv-355

vs.
SMEDLEY’S CHEVROLET,

District Judge Walter H. Rice
Magistrate Judge Michael J. Newman

Defendant.
______________________________________________________________________________
ORDER AND ENTRY DENYING DEFENDANT’S MOTION TO COMPEL WITHOUT
PREJUDICE TO REFILING (DOC. 18)
______________________________________________________________________________
This civil case is before the Court on Defendant’s motion to compel and request for
sanctions. Doc. 18. Plaintiff filed a memorandum in opposition. Doc. 21. On September 27, 2017,
the Court held a hearing by telephone, during which the undersigned heard argument from counsel
for both parties. The Court has carefully considered counsel’s written and oral arguments, and
Defendant’s motion is now ripe.
In light of Plaintiff’s counsel’s agreement to provide supplemental discovery responses
forthwith, Defendant’s motion to compel (doc. 18) is DENIED WITHOUT PREJUDICE as moot.
Plaintiff shall provide supplemental discovery responses to Defendant on or before October 17,
2017.

Failure to provide complete responses to Defendant’s discovery requests may result in

sanction including the dismissal of this case for failure to prosecute.
This case is set for a telephone status conference on October 20, 2017 at 10:30 a.m.
Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for
the Court to join the conference.
IT IS SO ORDERED.
Date:

September 30, 2017

s/ Michael J. Newman
Michael J. Newman
United States Magistrate Judge