Heeter v. Portfolio Recovery Associates, LLC

Filing 21

OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; finding as moot 14 Motion to Compel; granting 19 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (sdc, Dpty Clk)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
JACKIE HEETER,
Plaintiff,
vs.

Case No. 18-CV-80-CVE-FHM

PORTFOLIO RECOVERY
ASSOCIATES, LLC,
Defendant.
OPINION AND ORDER
Plaintiff’s Motion to Compel Absent Discovery Responses, [Dkt. 14], and
Defendant’s Motion for Leave to File Out of Time, [Dkt. 19], are before the undersigned
United States Magistrate Judge for decision. Defendant has responded to the Motion to
Compel, [Dkt. 18], the time has passed for Plaintiff to file a reply brief and no reply brief has
been filed.
Plaintiff served discovery requests on May 7, 2018. As of the date of filing the
Motion to Compel, Defendant had not served responses; Plaintiff seeks an order requiring
Defendant to serve responses. In its Response Brief filed August 6, 2018, Defendant
represents that responses to the discovery requests would be produced by Friday, August
10, 2018. Plaintiff’s Reply Brief was due on August 20, 2018. No reply was filed disputing
that the discovery requests were produced on August 10, 2018 as represented by
Defendant. Therefore, it appears that the issue is moot.
Also before the court is Defendant’s Motion to File its Discovery Responses Out of
Time. Defendant requests until August 10, 2018 in which to serve its discovery responses.
The motion advises the pending settlement conference that prompted the Motion to
Compel has been continued to September 25, 2018 and that the extension will occasion

no further delay. August 10, 2018 has passed, therefore the discovery responses should
be in Plaintiff’s possession.
Based on the representation that the discovery responses would be produced on
Friday, August 10, 2018, and based on the expectation that the discovery responses were
so produced, Plaintiff’s Motion to Compel Absent Discovery Responses, [Dkt. 14], is
DENIED as MOOT. Defendant’s Motion for Leave to File Out of Time, [Dkt. 19], is
GRANTED.1 The parties will each bear their own attorney fees.
SO ORDERED this 31st day of August, 2018.

1
This Order does not condone the delay in responding to discovery requests. The parties are
expected to adhere to the deadlines set by the Federal Rules of Civil Procedure and by the court.

2