Hamilton County Emergency Communications District et al v. Level 3 Communications, LLC

Filing 41

ORDER granting 37 Motion to Compel. Signed by Magistrate Judge Susan K Lee on 3/12/2019. (BDG, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA
HAMILTON COUNTY EMERGENCY
COMMUNICATIONS DISTRICT, et al.,
Plaintiffs,
v.
LEVEL 3 COMMUNICATIONS, LLC,
Defendant.

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1:14-cv-376-CLC-SKL

ORDER
Before the Court is Plaintiffs’ motion to compel discovery responses from Defendant [Doc.
37]. Plaintiff claims Defendant did not fully respond to Plaintiffs’ written discovery requests.
Defendant did not file any response to Plaintiffs’ motion and the time for doing so has passed.
The Court deems Defendant’s failure to respond to the motion as a waiver of any opposition to the
requested relief. See E.D. Tenn. L.R. 7.1(a) (“the answering brief . . . shall be served and filed
no later than 14 days after the service of the opening brief”) & E.D. Tenn. L.R. 7.2 (“Failure to
respond to a motion may be deemed a waiver of any opposition to the relief sought.”).
Accordingly, it is hereby ORDERED that Plaintiffs’ unopposed motion [Doc. 37] is
GRANTED. As a result, within 14 days of the entry of this Order, Defendant SHALL (1)
properly respond to Plaintiffs’ interrogatories; (2) produce, or agree with Plaintiffs on a reasonable
schedule for the production of, requested documents; and (3) provide (a) complete line count data
for all relevant years or an explanation of why such data are not available, including the
circumstances of any destruction of data, (b) the line data for each requested month, and, (c) for
spreadsheets or data compilations, provide complete descriptions of all data fields. Although

Plaintiffs also requested attorneys’ fees pursuant to Fed. R. Civ. P. 37 in connection with the
motion, the request is not adequately developed for resolution. Accordingly, the request for fees
is denied subject to further consideration should the discovery dispute require further court
intervention.
SO ORDERED.
ENTER:

s/fâátÇ ^A _xx
SUSAN K. LEE
UNITED STATES MAGISTRATE JUDGE

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