Gilmore v. Roane County et al

Filing 91

ORDER granting 89 Motion to Compel. Plaintiff is ORDERED to serve counsel for the Defendants with full and complete responses to the interrogatories and requests for production served February 21, 2014, on or before August 1, 2014. Signed by Magistrate Judge H Bruce Guyton on 7/11/14. (JBR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
ESTATES OF DUSTIN BARNWELL,
by next of kin, S.C.B. a minor, b/n/f,
SHASTA LASHAY GILMORE,
Plaintiff,
v.
ROANE COUNTY, TENN., et al.,
Defendants.

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No. 3:13-CV-124-PLR-HBG

MEMORANDUM AND ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this Court,
and Standing Order 13-02.
Now before the Court is Defendants’ Motion to Compel Discovery [Doc. 89]. Therein,
the Defendants represent that interrogatories and requests for production were served upon
counsel for the Plaintiff on February 21, 2014. Defendants represent that, despite follow-up
correspondence from defense counsel, Plaintiff has failed to provide full and complete responses
to written discovery served upon her on February 21, 2014.
The Defendants’ Motion to Compel Discovery was filed on June 20, 2014. The Plaintiff
has failed to respond in opposition to the Motion to Compel Discovery. The time for doing so
has expired. See E.D. Tenn. L.R. 7.1; Fed. R. Civ. P. 5 & 6. “Failure to respond to a motion
may be deemed a waiver of any opposition to the relief sought.” E.D. Tenn. L.R. 7.2. The Court
finds that the Plaintiff’s failure to file a timely response in opposition to the relief sought by the
Defendants may be treated as acquiescence to the relief sought.
In addition, the Court finds that the Defendants have demonstrated good cause for
compelling the Plaintiff to fully respond to the written discovery that has been served upon him.

Accordingly, the Court finds that the Defendants’ Motion to Compel Discovery [Doc. 89]
is well-taken, and it is GRANTED as follows. Plaintiff is ORDERED to serve counsel for the
Defendants with full and complete responses to the interrogatories and requests for production
served February 21, 2014, on or before August 1, 2014.
The Court finds that it is not appropriate to award fees or costs at this time, but the
Plaintiff is hereby ADMONISHED that failure to comply with this Memorandum and Order or
any other Order of the Court in the future is likely to result in the imposition of sanctions
including an award of fees and/or a recommendation that these cases be dismissed, pursuant to
Rule 37(b) of the Federal Rules of Civil Procedure.
IT IS SO ORDERED.
ENTER:

United States Magistrate Judge

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