United States District Court, M.D. Louisiana
JAMES O. LYSNE
LOUISIANA WINDOWS AND DOORS, L.L.C., ET AL.
RICHARD L. BOURGEOIS, JR. UNITED STATES MAGISTRATE JUDGE
the Court is Plaintiff's Motion to Compel (R. Doc. 19)
filed on October 12, 2018. The motion is opposed. (R. Doc.
served the interrogatories and requests for production at
issue on August 15, 2018. (R. Doc. 19-3; R. Doc. 19-4).
Responses were due on September 14, 2018. After Defendants
did not respond to the discovery requests, the parties held a
discovery conference on September 25, 2018, in which the
parties extended Defendants' deadline to respond to the
discovery requests to October 9, 2018. (R. Doc. 19 at 3).
Plaintiff represents that Defendants did not provide
responses as agreed. (R. Doc. 19 at 2).
filed an opposition on November 2, 2018. (R. Doc. 23).
Defendants suggest that they did not provide timely responses
because one of the Defendants “was out of town”
and further represent that “[d]raft answers have been
turned in and are being finalized by early next week.”
(R. Doc. 23 at 1).
served the discovery requests at issue over two months ago.
Other than a vague representation that one of the Defendants
“was out of town” at some point during the
service of discovery and the filing of the instant motion,
Defendants provide no explanation why timely discovery
responses were not provided within the time agreed upon by
must respond or object to interrogatories and requests for
production within 30 days after service. See Fed. R.
Civ. P. 33(b)(2); Fed.R.Civ.P. 34(b)(2)(A). This default date
may be modified by stipulation between the parties.
Fed.R.Civ.P. 29(b). If a party fails to respond fully to
discovery requests made pursuant to Rule 33 or Rule 34 in the
time allowed by the Federal Rules of Civil Procedure, the
party seeking discovery may move to compel responses and for
appropriate sanctions under Rule 37.
motion to compel “is granted-or if the disclosure or
requested discovery is provided after the motion is filed-the
court 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). The Court must not order this payment, however,
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 the award of expenses unjust.”
weeks after the filing of the instant motion, Defendants
filed an “opposition” that fails to explain
Defendants' failure to provide timely responses by the
deadline agreed upon by the party and indicates that
responses have still not been provided. Given the foregoing,
the Court will grant the instant motion and require
Defendants to provide full responses to Plaintiff's
discovery requests, including an appropriate privilege log if
applicable, within 7 days of the date of this
Order. Furthermore, the Court finds it
appropriate to award Plaintiff the reasonable fees incurred
in filing the instant motion.
on the foregoing, IT IS ORDERED that
Plaintiff's Motion to Compel (R. Doc. 19) is
GRANTED. Defendants must provide full
responses to Plaintiff's interrogatories and requests for
production (R. Doc. 19-3; R. Doc. 19-4), including an
appropriate privilege log if applicable, within 7
days of the date of this Order.
IS FURTHER ORDERED that Plaintiff is entitled to an
award of the reasonable attorney's fees and costs
incurred in bringing this Motion to Compel. In connection
with this award, the parties are to do the following:
(1) If the parties are able to resolve this among themselves
or otherwise agree to a reasonable amount of attorney's
fees and costs,  Defendants shall pay that amount;
(2) If the parties do not agree to a resolution,
Plaintiff 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) Defendants shall, within 7 days of the filing of
Plaintiff's Motion, file any opposition pertaining to the
imposition of ...