United States District Court, M.D. Louisiana
HERMAN CHANDLER, JR., ET AL.
RYDER TRUCK RENTAL, INC., ET AL.
RICHARD L. BOURGEOIS, JR. UNITED STATES MAGISTRATE JUDGE
the Court is Defendant Great West Casualty Company's
(“Great West”) Rule 37 Motion to Compel Discovery
(R. Doc. 39) filed on January 7, 2019. The deadline for
filing an opposition has expired. LR 7(f). Accordingly, the
Motion is unopposed.
West seeks an order compelling responses to a set of
interrogatories and requests for production it served on the
plaintiff Herman Chandler (R. Doc. 39-4) and a separate set
of interrogatories and requests for production it served on
the plaintiff Connie Chandler (R. Doc. 39-5). The discovery
requests state that they were served on August 22, 2018. (R.
Doc. 39-4 at 9, 16; R. Doc. 39-5 at 10, 17). In support of
the Motion, however, Great West represents that the discovery
requests were “issued” on October 5, 2018. (R.
Doc. 39-1 at 2).
November 13, 2018, counsel for Great West sought a telephone
discovery conference with Plaintiffs' counsel for the
purpose of discussing the outstanding responses to the
discovery requests. (R. Doc. 39-6).
November 30, 2018, the parties held a telephone discovery
conference, and Great West extended the deadline to respond
to the discovery requests to December 21, 2018. (R. Doc.
December 18, 2018, Great West extended the deadline to
respond to the discovery requests to January 3, 2019 at the
request of Plaintiffs' counsel. (R. Doc. 39-8).
the two extensions, Plaintiffs did not respond to the
discovery requests. (R. Doc. 39-2). Great West filed the
instant Motion on January 7, 2019. (R. Doc. 39). Plaintiffs
did not file a timely opposition to the instant Motion.
record indicates that Plaintiffs failed to respond to Great
West's discovery requests despite having been provided
two extensions to respond. Plaintiffs also failed to file any
opposition to the instant Motion. Given the record, the Court
will grant the Motion in its entirety, including providing an
award of 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 Great
West's Rule 37 Motion to Compel Discovery (R. Doc. 39) is
GRANTED. Plaintiffs must provide responses
to Great West's interrogatories and requests for
production no later than 7 days from the
date of this Order.
IS FURTHER ORDERED that Great West is entitled to an
award of the reasonable attorney's fees and costs that it
incurred in bringing this Motion to Compel, and that
Plaintiffs' 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,  Plaintiffs' counsel shall pay that
(2) If the parties do not agree to a resolution,
Great West may, 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) Plaintiffs shall, within 7 days of the filing of Great
West's Motion, file any opposition pertaining to the
imposition of ...