Acosta v. Fengs Kitchen Inc et al

Filing 31

ORDER signed by Judge Pamela Pepper on 5/17/2019 GRANTING 29 plaintiff's motion to compel defendant to answer interrogatories and requests for production of documents. Within 10 days defendants to properly and fully answer interrogatories and respond to requests for production of documents. "Secretary of Labor's Requests for Admissions to Defendants (First Set)" DEEMED ADMITTED. Discovery deadline EXTENDED to 7/19/2019. Plaintiff's brief on damages now due 8/16/2019, defendants' opposition brief now due 8/30/2019, reply brief now due 9/6/2019. (cc: all counsel) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
R. ALEXANDER ACOSTA,
Plaintiff,
v.

Case No. 18-cv-713-pp

FENG'S KITCHEN, INC.,
UMIT INC., and REN FENG,
Defendants.
ORDER GRANTING PLAINTIFF’S CIVIL L.R. 7(h) MOTION TO COMPEL
DEFENDANT TO ANSWER INTERROGATORIES AND REQUESTS FOR
PRODCUTION OF DOCUMENTS (DKT. NO. 29)

On February 19, 2019, the plaintiff filed an expedited, non-dispositive
motion under Civil Local 7(h) asking the court to compel the defendants to
answer interrogatories. Dkt. No. 29. He told the court that the defendants—
who already are in default but have indicated that they may wish to contest the
damages award—failed to respond to written discovery served on December 19,
2018. Id. at 2. Counsel for the defendants has not responded to this motion to
compel.
Under Civil Local Rule 7(d), “[f]ailure to file a memorandum in opposition
to a motion is sufficient cause for the Court to grant the motion.” Civil L.R. 7(h)
(E.D.Wis.). The defendants’ response was due February 26, 2018. See Civil L.R.
7(h)(2). Because the defendants have not responded, the court will grant the
relief the plaintiff has requested.
The court GRANTS the plaintiff’s Motion to Compel Defendants to
Answer Interrogatories and Requests for Production of Documents under Civil
L.R. 7(h) Expedited Non-Dispositive Motion. Dkt. No. 29.
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The court ORDERS that the defendants must properly and fully answer
the “Secretary of Labor’s Interrogatories to Defendants (First Set)” by providing
a written answer to each interrogatory in compliance with Rule 33 of the
Federal Rules of Civil Procedure.
The court ORDERS that the defendants must respond to “Secretary of
Labor’s Requests for Production of Documents to Defendants (First Set)” in
compliance with Rule 34 of the Federal Rules of Civil Procedure, within ten (10)
days of the date of entry of this Order.
The court ORDERS that the “Secretary of Labor’s Requests for
Admissions to Defendants (First Set)” are deemed admitted.
The court ORDERS that the deadline for completing discovery is
EXTENDED to the end of the day on July 19, 2019.
The court ORDERS that the deadline for the plaintiff to file his brief on
damages is EXTENDED to the end of the day on August 16, 2019.
The court ORDERS that the deadline for the defendants to file their
opposition brief is EXTENDED to the end of the day on August 30, 2019.
The court ORDERS that the deadline for the plaintiff to file his reply brief
is EXTENDED to the end of the day on September 6, 2019.
Dated in Milwaukee, Wisconsin this 17th day of May, 2019.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
United States District Judge

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