Clark v. Asset Acceptance LLC et al
ORDER granting 31 Motion to Compel. Signed by Chief Judge Terry L Wooten on 4/3/2013.(hcic, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
George E. Clark, Jr.,
Asset Acceptance, LLC, and
World Financial Network National Bank, )
C/A No.: 4:12-cv-02342-TLW
This matter is before the Court for consideration of a Motion to Compel filed by Plaintiff,
George E. Clark, Jr. (“plaintiff”), on March 4, 2013 (Doc. #31) seeking an Order compelling
Defendant World Financial Network National Bank (“defendant WFNNB”) to answer plaintiff’s
discovery requests. Defendant WFNNB failed to respond to the plaintiff’s motion. The deadline
for defendant to respond was March 21, 2013.
In his motion, plaintiff moves the Court for an Order compelling defendant WFNNB to
produce responses to the Plaintiff’s First Request for Production of Documents to defendant
WFNNB and Plaintiff’s First Interrogatories to defendant WFNNB, which were properly served
on the defendant on or about December 14, 2012.1 (See Doc. #31). Notably, defendant WFNNB
has filed no response to plaintiff’s Motion to Compel. The record is uncontradicted that the
defendant WFNNB failed to respond to the plaintiff’s interrogatories and requests for
production, and that those discovery requests are still outstanding. (See Doc. #31).
A copy of Plaintiff’s First Set of Interrogatories to defendant WFNNB is available at Doc. #311; a copy of Plaintiff’s First Request for Production of Documents to defendant WFNNB at issue
is available at Doc. #31-2.
In considering discovery matters, the Court notes that parties to civil litigation are
generally allowed broad discovery under the rules, as detailed in Fed. R. of Civ. P. 26(b)(1):
Unless otherwise limited by court order, the scope of discovery is as follows:
Parties may obtain discovery regarding any nonprivileged matter that is relevant
to any party's claim or defense—including the existence, description, nature,
custody, condition, and location of any documents or other tangible things and the
identity and location of persons who know of any discoverable matter. For good
cause, the court may order discovery of any matter relevant to the subject matter
involved in the action. Relevant information need not be admissible at the trial if
the discovery appears reasonably calculated to lead to the discovery of admissible
Fed. R. Civ. P. 26(b)(1).
In conducting discovery, the parties to a federal civil lawsuit must comply with the
Federal Rules of Civil Procedure, as well as any applicable local court rules. Guided by these
principles, the Court considers the Plaintiff’s Motion to Compel.
After careful consideration, IT IS HEREBY ORDERED that the Plaintiff’s Motion to
Compel Defendant World Financial Network National Bank’s full and complete responses to
Plaintiff’s First Set of Interrogatories and First Requests for Production of Documents (Doc. #31)
is GRANTED. Defendant World Financial Network National Bank is directed to respond to the
plaintiff’s discovery requests within ten (10) days of entry of this Order.
IT IS SO ORDERED.
s/ Terry L. Wooten
Terry L. Wooten
Chief United States District Judge
April 3, 2013
Columbia, South Carolina
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