United States District Court, M.D. Florida, Jacksonville Division
Patricia D. Barksdale United States Magistrate Judge
plaintiff has filed a motion to compel discovery and a
declaration in support of the motion, Docs. 22, 22-2, and an
unopposed motion to stay case-management deadlines pending a
ruling on the motion to compel. Doc. 24. The defendant has
not responded to the motion to compel discovery, and the time
to do so has passed.
motion to compel and affidavit, the plaintiff and the
plaintiff's counsel explain the plaintiff served
interrogatories and requests for production on June 17, 2019.
Doc. 22 at 2-3; Doc. 22-1; Doc. 22-2 at 2. The
defendant's counsel requested, and the plaintiff's
counsel agreed to, an extension of time to respond until
August 31, 2019. Doc. 22-2 at 2. The plaintiff's counsel
emailed the defendant's counsel on September 4, 2019,
about the overdue responses, and the defendant's counsel
did not respond. Doc. 22-2 at 2. The plaintiff's counsel
emailed the defendant's counsel on September 9, 2019,
again asking about the overdue responses. Doc. 22-2 at 2. The
defendant's counsel did not respond to the email but
served answers to the plaintiff's interrogatories later
that day. Doc. 22-2 at 2. On November 7 and 11, 2019, the
plaintiff's counsel emailed the defendant's counsel
about the overdue responses to the requests for production.
Docs. 22 and 22-2 at 3. The defendant's counsel has not
responded to any inquiries regarding the requests for
production, and the defendant has not responded to them.
Docs. 22 and 22-2 at 3.
motion to stay, the plaintiff asks the Court to stay all
case-management deadlines pending a ruling on the motion to
compel because he is unable to prosecute the case without
necessary discovery. Doc. 24.
must respond to a request for production within 30 days of
service unless the court orders, or the parties stipulate to,
a different response time. Fed.R.Civ.P. 34(b)(2)(A).
“Absent compelling circumstances, failure to assert an
objection to a request for production within the time allowed
for responding constitutes a waiver and will preclude a party
from asserting the objection in response to a motion to
compel.” See Middle District of Florida
Discovery Handbook, § III.A.6.
court grants a motion to compel, it “must, after giving
an opportunity to be heard, require the party … whose
conduct necessitated the motion, the party or attorney
advising that conduct, or both to pay the movant's
reasonable expenses incurred in making the motion, including
attorney's fees.” Fed.R.Civ.P. 37(a)(5)(A).
“But the court must not order this payment if: (i) the
movant filed the motion before attempting in good faith to
obtain the disclosure or discovery without court action; (ii)
the opposing party's nondisclosure, response, or
objection was substantially justified; or (iii) other
circumstances make an award of expenses unjust.”
defendant has not responded to the requests for production as
required. The Court grants the motion to
compel, Doc. 22, and directs the defendant
to respond to the requests for production without objection
by January 7, 2020. The Court
directs the defendant to show cause why the
Court should not require the defendant or its counsel to pay
reasonable expenses incurred in making the motion to
compel at a hearing on January 13,
2020, at 2:00 p.m., at the Bryan
Simpson United States Courthouse, Courtroom 5B, Fifth Floor,
300 North Hogan Street, Jacksonville, Florida, 32202. The
motion to stay all deadlines, Doc. 24, and general case
management also will be discussed at that time. The Court
temporarily stays any case-management deadlines until
The plaintiff states that defense
counsel had indicated she would be moving for permission to
withdraw from representing the defendant. Doc. 24 at
In a document titled “Plaintiffs
Notice of Defendant's Failure to File Response to Motion
to Compel Production of Documents Based on Failure to Respond
and Request for an Order to Show Cause why Defendant Should
Not Be Sanctioned, ” the plaintiff asks the Court to
issue an order to show cause why sanctions should not be
imposed, cites Rule 37(c)(1)(C), and requests an opportunity
to respond to any show-cause response by the defendant. Doc.
To the extent the plaintiff requests any relief in the
notice, the Court denies the request without prejudice to
filing a motion that complies with Rule 7(b) and Local Rule
3.01(g). Additionally, Rule 37(c)(1)(C) does not apply here.
See Fed. R. Civ. P. 37(c)(1)(C) (governing sanctions
for a failure to disclose information ...