Smith v. Robinson et al

Filing 21

ORDER granting Defendants' 19 MOTION to Compel and granting Defendants' 20 MOTION for Extension of Time. Plaintiff is directed to provide responses to the discovery requests by May 14, 2018. Dispositive motions are now due by May 21, 2018. Signed by Magistrate Judge Shiva V Hodges on 4/30/2018. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Roger Smith,

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C/A No.: 3:17-680-MBS-SVH
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Plaintiff,
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vs.
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ORDER
Catherine Robison, Individually as an
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officer with the City of Columbia Police )
Department; and Todd Coey,
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Individually as a State Constable,
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Defendant.
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This matter comes before the court on the motion [ECF No. 19] of Defendants
Robison and Coey (“Defendants”) to compel Roger Smith (“Plaintiff”) to produce
responses to Defendants’ First Set of Interrogatories and First Set of Requests for
Production (“Original Discovery Requests”) and Supplemental Interrogatories and
Requests for Production (“Supplemental Discovery Requests”), all of which are attached to
Defendants’ motion at ECF No. 19-1.
The motion indicates that the Original Discovery Requests were served on Plaintiff
on August 28, 2017. Defense counsel then served the Original Discovery Requests and
the Supplemental Discovery Requests on January 17, 2018. Defendants’ motion indicates
that Plaintiff has failed to respond to either the Original Discovery Requests or the
Supplemental Discovery Requests. [ECF No. 19 at 2].

In light of the foregoing, the court grants Defendant’s motion to compel. Plaintiff is
directed to provide responses to the discovery requests by May 14, 2018. Because Plaintiff
failed to timely respond to the discovery, any and all objections are deemed waived under
Fed. R. Civ. P. 33(b)(4). Plaintiff is advised that failure to comply with the court’s order
may result in a recommendation that his case be dismissed for failure to participate in
discovery and/or sanctions, including payment of Defendants’ attorneys’ fees and costs in
preparing such motions.
Defendants’ motion to extend the deadline for filing dispositive motions [ECF No.
20] is also granted. Dispositive motions are now due by May 21, 2018.
IT IS SO ORDERED.

April 30, 2018
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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