United States District Court, M.D. Florida, Jacksonville Division
R. KLINDT, UNITED STATES MAGISTRATE JUDGE.
cause is before the Court on the Motion of Defendant
Brand-Safway, LLC for Expenses and to Compel Deposition of
Plaintiff Pro Se and Memorandum in Support (Doc. No.
27; “Motion to Compel Deposition”), filed
September 5, 2019; Defendant Brand-Safway, LLC's Motion
to Compel Complete Discovery Responses and Incorporated
Memorandum of Law (Doc. No. 29; “Motion to Compel
Discovery Responses”), filed September 6, 2019; and
Defendant's Motion for Ninety-Day Extension of Discovery
Deadline and Subsequent Pretrial and Trial Deadlines (Doc.
No. 30; “Motion for Extension”), filed September
6, 2019. As discussed below, Plaintiff has not responded to
any of the Motions despite being given multiple opportunities
to do so. As such, the Court treats the Motions as unopposed
in their entirety.
Rule 26, Federal Rules of Civil Procedure
Parties may obtain discovery regarding any nonprivileged
matter that is relevant to any party's claim or defense
and proportional to the needs of the case, considering the
importance of the issues at stake in the action, the amount
in controversy, the parties' relative access to relevant
information, the parties' resources, the importance of
discovery in resolving the issues, and whether the burden or
expense of the proposed discovery outweighs its likely
Fed. R. Civ. 26(b)(1). “[T]he court must limit the
frequency or extent of discovery otherwise allowed by these
rules if it determines that . . . the proposed discovery is
outside the scope permitted by Rule 26(b)(1).”
Motion to Compel Deposition, Defendant seeks an order
compelling Plaintiff to attend his deposition and awarding
$5, 633.77 in attorney's fees and costs incurred in
preparing for, traveling to, and attending the deposition
that Plaintiff failed to appear for. Motion to Compel
Deposition at 1, 4. In the Motion to Compel Discovery
Responses, Defendant seeks an order compelling Plaintiff to
provide (within five days of such an order) complete
responses to Defendant's First Set of Interrogatories and
Requests for Production of Documents and awarding
attorney's fees and costs incurred as a result of
Plaintiff's failure to properly respond to the discovery
requests. Motion to Compel Discovery Responses at 1,
14. Defendant also requests that it be permitted to depose
Plaintiff thirty days after receipt of the complete discovery
responses. Id. at 1. Lastly, in the Motion for
Extension, Defendant seeks a ninety-day extension of the
discovery, dispositive motions, mediation, pretrial, and
trial deadlines. Motion for Extension at 1, 4. Due to the
amount of time that has elapsed since the filing of the
Motion for Extension, the proposed deadlines have all passed.
three Motions, Defendant represents that its counsel
“made a good faith attempt to confer with Plaintiff
pro se, who refuses to communicate with defense
counsel and has completely failed to respond to any
communications.” Motion to Compel Deposition at 5;
Motion to Compel Discovery Responses at 15; Motion for
Extension at 4.
failed to respond to the Motions. Accordingly, the Court
directed Plaintiff to confer with counsel for Defendant and
either file a Notice advising the Court that he does not
oppose the Motion(s) or file a response to the Motion(s).
Specifically, Plaintiff was directed to respond to the Motion
to Compel Discovery Responses and the Motion for Extension no
later than October 18, 2019, see Order (Doc. No.
31), entered September 25, 2019, and he was directed to
respond to the Motion to Compel Deposition no later than
October 25, 2019, see Order (Doc. No. 33), entered
October 7, 2019.
failed to comply. Accordingly, the Court entered Orders to
Show Cause as to all three Motions. As to the Motion to
Compel Discovery Responses and the Motion for Extension,
Plaintiff was directed to file a written show cause response
and responses to the Motions no later than November 1, 2019.
See Order to Show Cause (Doc. No. 34), entered
October 24, 2019. As to the Motion to Compel Deposition,
Plaintiff was directed to file a written show cause response
and a response to the Motion no later than November 5, 2019.
See Order to Show Cause (Doc. No. 37), entered
October 29, 2019.
again failed to comply. Consequently, the Court entered an
Order (Doc. No. 39) on November 14, 2019 setting a show cause
hearing for December 10, 2019 before the undersigned.
Plaintiff was advised that at the hearing, he would be called
upon to show cause for his failure to comply with the
Court's Orders. See November 14, 2019 Order at
hearing was held accordingly. See Clerk's
Minutes (Doc. No. 42). The record of the hearing is
incorporated herein. With leave of Court, Defendant's
counsel appeared telephonically. See Defendant,
Brand-Safway, LLC's Unopposed Motion to Attend Hearing
Scheduled for December 10, 2019 Via Telephone (Doc. No. 40),
filed December 5, 2019; Order (Doc. No. 41), entered December
5, 2019. Plaintiff did not appear at the scheduled time, so
the Court waited about thirty minutes to start the hearing.
During this time, the undersigned's courtroom deputy
looked and called for Plaintiff in the hallway outside the
undersigned's courtroom and in other courtroom areas, but
Plaintiff was not there. The hearing started at 2:37 p.m. and
lasted until 2:51 p.m. See Clerk's Minutes.
Plaintiff never arrived. See id.
continues to disregard the Court's Orders and has not
responded to any of the Motions. He has received notice of
all the Motions and Orders in this matter. Plaintiff was
repeatedly warned that failure to respond to the Motions
would result in the Motions being deemed unopposed in their
entirety. See Order (Doc. No. 31) at 2; Order (Doc.
No. 33) at 1; Order to Show Cause (Doc. No. 34) at 2; Order
to Show Cause (Doc. No. 37) at 2. Plaintiff was also warned
that failure to appear at the hearing would result in the
Motions being deemed unopposed. See Order (Doc. No.
39) at 3. Plaintiff did not notify the Court or
Defendant's counsel that he would be unable to attend the
hearing. Plaintiff has not filed anything explaining his
failure to appear.
on the foregoing and upon due consideration, it is
Motion of Defendant Brand-Safway, LLC for Expenses and to
Compel Deposition of Plaintiff Pro Se and Memorandum
in Support (Doc. ...