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Willie Fred Baucham v. Mike Mock

December 2, 2011

WILLIE FRED BAUCHAM, PLAINTIFF,
v.
MIKE MOCK, SHERIFF, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Gary R. Jones United States Magistrate Judge

ORDER

This matter is before the Court on Doc. 63, Motion to Compel by Jim Watkins. Defendant Watkins moves the Court for an order compelling plaintiff to respond to his request for production and for such other relief as the Court deems appropriate, including, but not limited to, an award of costs and attorney's fees incurred in bringing this matter before the Court. Defendant Watkins acknowledges that the plaintiff has responded to his interrogatories and the request for production of a co-defendant but has not responded to his request for production.

The plaintiff has responded and states that on November 23, 2011, he served his response to defendant Watkins request for production. The plaintiff also states that the delay in producing the documents, which were the same as those produced in response to the co-defendant's request for production, was due to an inadvertent oversight. Furthermore, the plaintiff states that his failure to respond to defendant Watkins's communications were due to the departure of one of his staff members. However, since the response to defendant Watkins request for production was provided after the motion was filed, the plaintiff shall pay defendant Watkins's reasonable expenses incurred in making the motion, including attorney's fees, pursuant to Rule 37(a)(5)(A) of the Federal Rules of Civil Procedure.

Accordingly, it is now ORDERED as follows:

1. Defendant Watkins's motion to compel, Doc. 63, is DENIED as moot.

2. The plaintiff shall pay defendant Watkins's reasonable expenses incurred in making the motion, including attorney's fees.

3. The defendant shall file a request for all reasonable expenses incurred in making the motion, including attorney's fees, on or before December 16, 2011.

20111202

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