Boyd v. Johnson Food Service et al

Filing 66

ORDER granting re 65 MOTION to Compel. Signed by Magistrate Judge Shiva V. Hodges on 10/2/2019. (lbak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Valerie M. Boyd,
Plaintiff,
vs.
Johnson Food Service, LLC;
Trinity Foods, Inc. d/b/a Military
Food and Beverage; and Preston
Wider, III,
Defendants.

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C/A No.: 3:17-3414-JMC-SVH

ORDER

This matter comes before the court on the motion [ECF No. 65] of
defendant Trinity Foods, Inc. d/b/a Military Food and Beverage (“MFB”) to
compel Valerie M. Boyd (“Plaintiff”) to produce responses to MFB’s First Set of
Interrogatories and First Set of Requests for Production (“Discovery
Requests”), which are attached to MFB’s motion at ECF Nos. 65-1 and 65-2.
The motion indicates that the Discovery Requests were first served on
Plaintiff on July 10, 2019. After informal attempts to obtain discovery
responses from Plaintiff’s counsel, MFB’s counsel granted Plaintiff’s counsel
until September 25, 2019, to provide the discovery responses. [ECF No. 65]
MFB’s motion indicates that Plaintiff has failed to respond to the Discovery
Requests. Id.
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In light of the foregoing, the court grants MFB’s motion to compel.
Plaintiff is directed to provide responses to the discovery requests by October
16, 2019. 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 this case be dismissed for failure to participate in
discovery and/or sanctions, including payment of MFB’s attorneys’ fees and
costs in preparing such motions.
IT IS SO ORDERED.

October 2, 2019
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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