Vincent v. Piedmont Community Actions Inc

Filing 19

ORDER that Defendant shall respond in full to all Plaintiff's discovery before December 20th; Plaintiff's entitlement to attorneys fees is held in abeyance until further order of this Court; If the Defendant intends to respond to the Requests for Admission issued by Plaintiff, Defendant shall submit its response to Plaintiff by December 20th. Provided, however, this Order shall be without prejudice to the right of the Plaintiff to move for an Order of the Court providing that any matter for which no such response was received by Plaintiffprior to November 31st be deemed admitted for purposes of this litigation. The scheduling Order shall be modified as outlined and in the revised scheduling order submitted by the parties.s/Timothy M. CainTimothy M. CainUnited States District JudgeAnderson, South Signed by Honorable Timothy M Cain on 12/17/2013. (gpre, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
SPARTANBURG DIVISION
Sheila Vincent,
Plaintiff,
v.
Piedmont Community Action,
Defendant.

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ORDER

CA No.: 7:13-cv-1135-TMC

This matter came before me on Plaintiff's Motion to Compel Responses to Discovery and
Plaintiff's Motion to Extend the deadlines in the scheduling order due to the delay caused by the
Defendant's failure to respond to discovery.
The Plaintiff presented evidence that Defendant failed to properly respond to the discovery
requests in violation of Federal Rules 26, 33, 34, and 37.
Defendant's counsel acknowledged this failure to respond and represented to the Court that the
delay was due to various matters that Defendant was working on other than this case and the
distance between counsel for Defendant and Defendant's office. The Court found that these
reasons were not reasonable or justifiable explanations for the delay pursuant to the Federal
Rules pertaining to discovery.
At the hearing, Defendant's counsel represented to the Court that responses to the initial
discovery propounded by Plaintiff were being provided; including responses to requests for
production and interrogatories.
Pursuant to the Federal Rules, the Court found that the Plaintiff was entitled to attorneys fees and
costs for the time spent on the Motion to Compel and hearing. Plaintiff's counsel stipulated that
this issue be held in abeyance until further Order of the Court.
The parties discussed an extension of the remaining deadlines in the scheduling Order. The
parties have agreed that the deadline for discovery shall be January 31, 2014; the deadline for
Dispositive Motions shall be February 15, 2014; the deadline for mediation shall be February 15,

2014; the deadline for Rule 26(a)3 Pretrial disclosures and Records Custodian Affidavits shall be
March 2, 2014; and the Jury selection deadline shall be March 15 2014.
Wherefore, it is ordered, judged and decreed that:
1. Defendant shall respond in full to all Plaintiff's discovery before December 20th;
2. Plaintiff's entitlement to attorneys fees is held in abeyance until further order of this
Court;
3. If the Defendant intends to respond to the Requests for Admission issued by Plaintiff,
Defendant shall submit its response to Plaintiff by December 20th. Provided, however,
this Order shall be without prejudice to the right of the Plaintiff to move for an Order of
the Court providing that any matter for which no such response was received by Plaintiff
prior to November 31st be deemed admitted for purposes of this litigation.
4. The scheduling Order shall be modified as outlined above and in the revised
scheduling Order submitted by the parties.

s/Timothy M. Cain
Timothy M. Cain
United States District Judge
Anderson, South Carolina
December 17, 2013