United States District Court, M.D. Louisiana
RICHARD L. BOURGEOIS, JR., UNITED STATES MAGISTRATE JUDGE
the Court is Defendant Whelan Security Company's
(“Whelan”) Motion to Compel (R. Doc. 31) filed on
January 11, 2019. The motion is opposed. (R. Doc. 34). Whelan
has filed a Reply. (R. Doc. 37).
seeks an order compelling Katrina Sabree
(“Plaintiff”) to respond to interrogatories and
requests for production served on November 19, 2018. (R. Doc.
31-2 at 1-24). The record indicates that Whelan extended the
deadline to respond to these discovery requests to December
26, 2018. (R. Doc. 31-2 at 28). The record further indicates
that Whelan's counsel sought to obtain discovery
responses through e-mail correspondences sent on December 27,
2018 and January 2, 2019; that Whelan's counsel attempted
to obtain the discovery responses by calling Plaintiff's
counsel on January 3, 2019 and January 7, 2019; and that
Plaintiff's counsel's staff represented, in response
to the second call, that responses would be provided on
January 8, 2019. (R. Doc. 31-2 at 34). On January 11, 2019,
having received no responses, Whelan advised Plaintiff that
it would be seeking relief from the Court. (R. Doc. 31-2 at
had 30 days to respond to the interrogatories and requests
for production after she was served. Fed.R.Civ.P. 33(b)(2);
Fed.R.Civ.P. 34(b)(2)(A). The record indicates that the
parties stipulated to an extension of the deadline to respond
to December 26, 2018 pursuant to Rule 29. Plaintiff did not
provide responses by that deadline or its own offered
deadline of January 8, 2019.
filed the instant motion on January 11, 2019. (R. Doc. 24).
Whelan seeks an order compelling Plaintiff to provide
complete responses to its written discovery requests without
objections (other than with respect to privilege) and
awarding reasonable expenses, including attorney's fees.
filed a 1-page opposition to the instant motion on February
1, 2019. (R. Doc. 34). Plaintiff represents (1) that she
provided responses to the written discovery (including
executed authorization forms) on January 17, 2019, and (2)
that she received correspondence from Whelan on January 24,
2019 indicating that the responses were insufficient. (R.
Doc. 34). Plaintiff did not provide the Court with copies of
the untimely responses or a copy of Whelan's
correspondence indicating that the responses were
insufficient. Plaintiff also does not provide any explanation
why the responses were not timely provided.
supplemented the record with Plaintiff's discovery
responses (R. Docs. 37-1, 37-2) and Whelan's January 24,
2019 deficiency letter (R. Doc. 37-3). Plaintiff's
discovery responses contain various boilerplate objections.
Plaintiff did not make any timely objections to Whelan's
discovery requests, the Court finds that she has waived her
objections to the interrogatories and requests for production
at issue, 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
given the record, the Court will award Whelan the reasonable
expenses incurred in making the instant 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
Whelan's Motion to Compel (R. Doc. 31) is
GRANTED. Plaintiff must provide supplemental
responses to Whelan's interrogatories and requests for
production, without objection, no later than 7
days from the date of this Order.
IS FURTHER ORDERED that Whelan 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,
Whelan 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
Whelan's Motion, file any opposition pertaining to the
imposition of ...