Mathews et al v. BMW Motorrad USA et al

Filing 35

ORDER granting 34 Motion to Compel. Signed by Magistrate Judge Susan K Lee on 10/8/13. (GRE, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA
DEREK MATHEWS, et al.,

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Plaintiffs,
v.

BMW MOTORRAD USA, et al.,
Defendants.

No. 1:12-cv-151
Lee

ORDER
Before the Court is a motion to compel [Doc. 34] filed by Defendants, in which Defendants
seek to compel Plaintiffs’ discovery responses and to set a status conference in this matter.
Defendants represent that Plaintiffs have not yet served their initial disclosures, which were due on
or before April 24, 2013 under the initial Scheduling Order entered in this case,1 or responded to
the interrogatories, requests for production, and requests for admission served upon Plaintiffs by
Defendants. Plaintiffs have not filed any response in opposition to Defendants’ motion, and the
Court deems Plaintiffs’ failure to respond to the motion as a waiver of any opposition to the
requested relief pursuant to E.D. Tenn. L.R. 7.2.
Accordingly, Defendants’ motion to compel [Doc. 34] is GRANTED and Plaintiffs shall
respond to Defendants’ discovery requests and shall make any additional required initial
disclosures on or before October 14, 2013. Any failure to respond to the discovery as ordered
herein may result in the imposition of sanctions, up to and including the sanction of dismissal of
Plaintiffs’ action with prejudice, pursuant to Fed. R. Civ. P. 37.
With respect to Defendants’ request for a status conference, counsel for the parties are
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In its most recent Scheduling Order in this case, however, the Court noted that the parties reported that they had
made all initial disclosures required by Rule 26(a)(1) [Doc. 30].

ORDERED to confer with each other on or before October 14, 2013, so that they may meet the
deadlines established in this case. The parties are on notice that the deadlines will not be changed
as a result of any failure to conduct discovery in a timely fashion.
SO ORDERED.
ENTER:
s/fâátÇ ^A _xx
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SUSAN K. LEE
UNITED STATES MAGISTRATE JUDGE

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