Hendrickson et al v. ABC Insurance Company et al

Filing 18

AMENDED ORDER signed by Chief Judge William C Griesbach on 6/20/18. This court's order, ECF No. 16 is hereby vacated and this amended order supersedes the original order. Wal-Mart's 13 Motion to compel is GRANTED. Hendrickson must pr ovide his answers to Wal-Mart's second set of interrogatories and his responses to the request for production of documents on or before 6/26/18. Hendrickson's failure to comply with this order may result in dismissal of this action. (cc: all counsel)(Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

LAWRENCE K. HENDRICKSON,
Plaintiff,
and
UNITED HEALTHCARE OF WISCONSIN, INC.
Involuntary Plaintiff,
v.

Case No. 17-C-1680

WAL-MART STORES INC.,
PARTNERS IN ARKANSAS GEN. MANITOWOC,
ABC INSURANCE COMPANY, and
DEF INSURANCE COMPANY,
Defendants.

AMENDED ORDER

On May 16, 2018, Defendant Wal-Mart Stores Inc. filed a motion to compel, seeking Plaintiff
Lawrence K. Hendrickson’s initial disclosures, which were due on or before January 12, 2018, and
responses to its discovery requests. On January 11, 2018, Wal-Mart served interrogatories and
requests for production of documents upon Hendrickson. In its motion, ECF [13], Wal-Mart
contended it had not received Hendrickson’s initial disclosures or responses to either set of discovery
requests, despite its attempts to confer with Hendrickson in an effort to resolve the matter without
court action.
The court granted Wal-Mart’s motion on June 12, 2018, ECF [16], and ordered that
Hendrickson provide his initial disclosures, his answers to Wal-Mart’s second set of interrogatories,

and his responses to the request for production of documents. Wal-Mart subsequently filed a letter
indicating that Hendrickson had, in fact, provided his initial disclosures in compliance with the
court’s scheduling order and requesting the court amend its order to direct plaintiff to produce only
answers to Wal-Mart’s second set of interrogatories and responses to the request for production of
documents. The court’s order, ECF No. [16], is hereby vacated and this amended order supersedes
the original order.
A party may file a motion to compel discovery, under Federal Rule of Civil Procedure 37,
when another party fails to respond to interrogatories or requests for production of documents.
Plaintiff has not responded to the motion to compel, and the time to do so has now passed.
Accordingly, Wal-Mart’s motion to compel, ECF No. [13], is GRANTED. Hendrickson must
provide his answers to Wal-Mart’s second set of interrogatories and his responses to the request for
production of documents on or before June 26, 2018. Hendrickson’s failure to comply with this
order may result in the dismissal of this action. See Fed. R. Civ. P. 37.
SO ORDERED this 20th day of June, 2018.
s/ William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court

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