O'Neal v. Youmans

Filing 38

ORDER granting 37 Motion to Compel. Plaintiff is directed to provide complete discovery requests to Defendant by December 16, 2013. Signed by Magistrate Judge Shiva V Hodges on 12/4/2013.(abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Shirley I. O’Neal,
Plaintiff,
vs.
John M. McHugh, Secretary of the
Army,
Defendant.

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C/A No.: 3:12-733-CMC-SVH

ORDER

This matter comes before the court on Defendant’s motion to compel discovery.
[Entry #37]. All pretrial proceedings in this case were referred to the undersigned
pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule
73.02(B)(2)(g) (D.S.C.).
According to his motion, Defendant served requests for production of documents
on Plaintiff on July 25, 2013, and Plaintiff provided, after a few extensions, partial
documents responsive to one request, but she has failed to provide complete responses to
any of the requests. [Entry #37-1 at 1].
Defendant also seeks costs and fees associated with having scheduled a deposition
for which Plaintiff failed to appear. According to Defendant’s motion:
Plaintiff’s deposition was noticed for 10:00 a.m., November 6, 2013, at the
U.S. Attorney’s Office and Maj. Danisha Morris with the U.S. Army
Litigation Division at Ft. Belvoir, Virginia, traveled to Columbia to attend
two depositions involving the Army cases. At 10:45 p.m., on November 5,
Plaintiff’s counsel e-mailed the government stating that “If you have not
cancelled [the deposition], we can be ready to go. Your call.” This was
somewhat inexplicable because there had been no previous conversations or

other communications about cancelling the deposition. At 7:52 a.m.,
counsel left a voice mail message at the U.S. Attorney’s Office that “his
client was not going to be physically in Columbia for the depositions
scheduled for today, Wednesday.” However, the court reporter’s
appearance fee was already incurred.
[Entry #37-1 at 1].
Plaintiff has not filed a response in opposition to Defendant’s motion. Therefore,
the undersigned grants Defendant’s motion to compel discovery and for costs and fees
associated with scheduling Plaintiff’s deposition. Plaintiff is directed to provide complete
discovery requests to Defendant by December 16, 2013. If the parties cannot reach an
agreement as to the appropriate amount of costs and fees, Defendant may submit by
December 16, 2013, a list of itemized costs and fees for the court’s review.
The undersigned also notes that pursuant to the first amended scheduling order
dated October 1, 2013, dispositive motions were to be filed in this case by December 3,
2013. To date, no dispositive motions have been filed. Absent a motion from the parties,
the undersigned will issue a trial order on December 18, 2013.
IT IS SO ORDERED.

December 4, 2013
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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