United States District Court, M.D. Louisiana
RICHARD L. BOURGEOIS, JR. UNITED STATES MAGISTRATE JUDGE
the Court is Defendant State Farm Mutual Automobile Insurance
Company's (“State Farm”) Motion to Compel
Discovery Plaintiff to Respond to Discovery (R. Doc. 6) filed
on March 29, 2018. Plaintiff has not filed a response as of
the date of this Order. Accordingly, the instant Motion is
unopposed. See LR 7(f).
Farm propounded Interrogatories and Requests for Production
on Patrick Blackwell (“Plaintiff”) on November
17, 2017. (R. Doc. 6-2 at 1-14).
February 26, 2018, having received no responses to the
foregoing discovery, defense counsel sent a letter by e-mail
to Plaintiff's counsel setting a telephone discovery
conference on March 6, 2018 at 9:30 a.m., with defense
counsel to initiate the call. (R. Doc. 6-2 at 15-16). On
March 6, 2018, unable to reach Plaintiff's counsel by
telephone at the designated time, defense counsel sent a
second letter by e-mail to Plaintiff's counsel. (R. Doc.
6-2 at 17-18). In the letter, Plaintiff's counsel
indicated that he left a voicemail message, and requested
responses to the written discovery to be provided within 10
days of the letter to avoid the filing of a motion to compel.
(R. Doc. 6-2 at 17).
record indicates that Plaintiff has failed to respond to
State Farm's discovery requests within the time allowed
under the Federal Rules of Civil Procedure,  failed to respond
to State Farm's correspondences, and failed to file any
opposition to the instant Motion.
Plaintiff did not make any timely objections to State
Farm's discovery requests, the Court finds that he has
waived his objections to State Farm's Interrogatories and
Requests for Production, with the exception of those
pertaining to any applicable privileges or immunities.
See In re United States, 864 F.2d 1153, 1156 (5th
Cir. 1989) (“[A]s a general rule, when a party fails to
object timely to interrogatories, production requests, or
other discovery efforts, objections thereto are
waived.”); B&S Equip. Co. v. Truckla Servs.,
Inc., No. 09-cv-3862, 2011 WL 2637289, at *6 (E.D. La.
July 6, 2011) (finding waiver of all objections to
“discovery requests based on relevance, unduly
burdensome, over broad, or any other objection not grounded
on the attorney client or the work product
given the lack of any response to the instant Motion, the
Court will award State Farm the 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.
foregoing reasons, IT IS ORDERED that State
Farm's Motion to Compel (R. Doc. 6) is
GRANTED. Plaintiff must provide responses to
State Farm's Interrogatories (R. Doc. 6-2 at 3-9) and
Requests for Production (R. Doc. 6-2 at 10-14), including the
production of any non-privileged responsive documents, no
later than 7 days from the date of this
Order. These responses must be made without objections,
except to assert any applicable privileges and/or immunities.
IS FURTHER ORDERED that State Farm is entitled to an
award of the reasonable attorney's fees and costs that it
incurred in bringing this Motion to Compel, and that
Plaintiff's counsel shall be responsible for such
payment. In connection with this award, the parties are to do
(1) If the parties are able to resolve this among themselves
or otherwise agree to a reasonable amount of attorney's
fees and costs,  Plaintiff's counsel shall pay that
(2) If the parties do not agree to a resolution,
State Farm shall, within 14 days of the
docketing of this Order, file a Motion for Fees and Costs
pursuant to Rule 37, setting forth the reasonable amount of
costs and attorney's fees (including evidentiary support)
incurred in obtaining this Order; and
(3) Plaintiff shall, within 7 days of the filing of State
Farm's Motion, file any opposition pertaining to the
imposition of the amounts requested by State Farm.