Autry et al v. Cleveland County Sheriff's Department et al

Filing 126

ORDER granting 122 Defendant Deanna Wheeler's Motion to Compel to Compel Discovery Responses and Request for Attorney's Fees. Plaintiff shall serve full and complete answers to Wheeler's First Set of Interrogatories and complete responses to First Request for Production of Document within 14 days. Defendant Wheeler shall recover reasonable costs and fees incurred upon separate application filed within 14 days. Signed by Honorable Timothy D. DeGiusti on 8/17/2018. (mb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
ROBERT ALLEN AUTRY, an
Incapacitated Person individually, et al.,
Plaintiffs,
vs.
CLEVELAND COUNTY SHERIFF’S
DEPARTMENT, et al.,
Defendants.

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Case No. CIV-15-1167-D

ORDER GRANTING DEFENDANT DEANNA WHEELER’S
MOTION TO COMPEL DISCOVERY RESPONSES
Before the Court is Defendant Deanna Wheeler’s Motion to Compel Discovery
Responses and Request for Attorney’s Fees [Doc. No. 122], filed pursuant to Fed. R. Civ. P. 37
and LCvR37.1. The Motion seeks an order compelling Plaintiffs to answer interrogatories and
respond to requests for production of documents. Plaintiff Sandra Valentine, individually and
as guardian of Plaintiff Robert Allen Autry, has not filed a timely response to the Motion. Upon
consideration, in the exercise of discretion under LCvR7.1(g), the Court finds that the Motion
should be deemed confessed, and should be granted for the reasons stated in the Motion.
IT IS THEREFORE ORDERED that Defendant Deanna Wheeler’s Motion to Compel
Discovery Responses and Request for Attorney’s Fees [Doc. No. 122] is GRANTED.
Plaintiffs shall serve full and complete answers to Defendant Deanna Wheeler’s First Set of
Interrogatories, and shall serve full and complete responses to Deanna Wheeler’s First Request
for Production of Documents within 14 days from the date of this Order. All objections are

waived, except any objection based on a claim of privilege is not waived if properly asserted in
accordance with Fed. R. Civ. P. 26(b)(5) within 14 days.
IT IS FURTHER ORDERED that Defendant Deanna Wheeler shall recover reasonable
costs and attorney fees incurred in making her Motion pursuant to Fed. R. Civ. P. 37(a)(5)(A),
upon separate application filed within 14 days from the date of this Order.
IT IS SO ORDERED this 17th day of August, 2018.

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