Memphis Dental Manufacturing Co., Inc. v. Base Plate Wax Direct, Inc. et al

Filing 67

ORDER granting in part and denying in part 62 Motion to Compel. Signed by Chief Magistrate Judge Tu M. Pham on June 5, 2024. (cmd)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
MEMPHIS DENTAL MANUFACTURING
CO., INC.,

)
)
)
Plaintiff/Counter-Defendant, )
)
v.
)
)
BASE PLATE WAX DIRECT, INC.,
)
TERRANCE MARMINO, and
)
FRANK BOWMAN,
)
)
Defendants/Counter-Plaintiffs.)

No. 22-cv-02790-TLP-tmp

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF/COUNTERDEFENDANT’S MOTION TO COMPEL
On April 19, 2024, Plaintiff/Counter-Defendant Memphis Dental
Manufacturing Co., Inc. (“Memphis Dental”) filed a Motion to Compel
Discovery Responses of Defendant/Counter-Plaintiff Frank Bowman.
(ECF No. 62.) A response to that motion was due on May 3, 2024.
This motion was referred to the undersigned on May 20, 2024. (ECF
No. 66.) To date, no response has been filed. Under the Local
Rules, “[f]ailure to respond timely to any motion, other than one
requesting dismissal of a claim or action, may be deemed good
grounds

for

granting

the

motion.”

L.R.

7.2(a)(2).

Therefore,

Memphis Dental’s motion as to Interrogatory Numbers 4, 5, 20, 24,
25, and 26 and Requests for Production Numbers 2, 3, 4, 5, 6, and

7 are GRANTED. Bowman must provide responses to the outstanding
discovery by Tuesday, June 25, 2024.
However, Interrogatory No. 22 asks for Bowman to provide his
attorney with his social security number so that he can provide
that information to Memphis Dental without it being in the public
record. (ECF No. 62-4 at PageID 293.) Even though Bowman failed to
respond, the undersigned finds that his social security number is
sensitive and confidential information, and Memphis Dental has
provided no basis to justify such a disclosure. Therefore, the
motion to compel as to Bowman’s social security number is DENIED.
IT IS SO ORDERED.
s/Tu M. Pham
TU M. PHAM
Chief United States Magistrate Judge
June 5, 2024
Date

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