United States District Court, M.D. Louisiana
KAMAL RASS, ET AL.
AHA HUTS, LLC, ET AL.
RICHARD L. BOURGEOIS, JR. UNITED STATES MAGISTRATE JUDGE
the Court is Defendant AHA Huts, LLC's (“AHA
Huts”) Motion to Compel Discovery Responses (R. Doc.
59) filed on September 13, 2019. The deadline for filing an
opposition has expired. LR 7(f). Accordingly, the motion is
9, 2019, AHA Huts served its First Set of Interrogatories,
Requests for Production of Documents, and Requests for
Admissions on Kamal Rass, Karimah Ibrahim, and EZ Link
Wireless, Inc. (collectively,
“Plaintiffs”). (R. Doc. 59-3).
had 30 days to respond to the written discovery requests
after they were served. Fed.R.Civ.P. 33(b)(2); Fed.R.Civ.P.
34(b)(2)(A); Fed.R.Civ.P. 36(a)(3). The record indicates that
on August 30, 2019, the parties participated in a discovery
conference and Plaintiffs were provided a one-week extension
until September 6, 2019 to provide discovery responses. (R.
Docs. 59-4, 59-5, 59-6). AHA Huts represents that it did not
receive the discovery responses by the date of the filing of
the instant motion. (R. Doc. 59-1 at 3). AHA Huts seeks an
order holding that the requests for admissions are deemed
admitted, that Plaintiffs must provide responses to the
discovery requests without objections, and that AHA Huts is
awarded the reasonable expenses incurred in making the
instant motion. (R. Doc. 59-1 at 3-4).
record indicates that Plaintiffs failed to respond to AHA
Huts' First Set of Interrogatories, Requests for
Production of Documents, and Requests for Admissions within
the time agreed upon. Furthermore, Plaintiffs failed to file
any timely opposition to the instant motion.
Rule 36 is self-executing, Plaintiffs are deemed to have
admitted AHA Hut's Requests for Admission by default.
“A matter is admitted unless, within 30 days after
being served, the party to whom the request is directed
serves on the requesting party a written answer or objection
addressed to the matter and signed by the party or its
attorney.” Fed.R.Civ.P. 36(a)(3). Rule 36(b) provides
that “[a]ny matter admitted . . . is conclusively
established unless the court on motion permits withdrawal or
amendment of the admission.” Fed. R. Civ. Proc. 36(b);
see In re Carney, 258 F.3d 415, 419 (5th Cir. 2001)
(“[A] deemed admission can only be withdrawn or amended
by motion in accordance with Rule 36(b).”). The Court
may “permit the withdrawal or amendment if it would
promote the presentation of the merits of the action and if
the court is not persuaded that it would prejudice the
requesting party in maintaining or defending the action on
the merits.” Fed.R.Civ.P. 36(b). Plaintiffs must file
an appropriate motion to withdraw or amend the deemed
Plaintiffs did not make any timely objections to AHA
Huts' discovery requests, the Court finds that Plaintiffs
have waived their objections to the discovery requests, 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
privilege.”). Accordingly, the Court will require
Plaintiffs to provide responses to AHA Huts'
interrogatories and requests for production without any
objections other than those pertaining to any applicable
privileges or immunities.
the record, including Defendant's failure to file any
opposition, the Court will also award Plaintiff the recovery
of reasonable expenses incurred in making the instant motion,
including attorney's fees, pursuant to Rule 37(a)(5) of
the Federal Rules of Civil Procedure.
foregoing reasons, IT IS ORDERED that AHA
Huts' Motion to Compel Discovery Responses (R. Doc. 59)
is GRANTED. Plaintiffs must provide
responses to AHA Huts' Interrogatories and Requests for
Production, without objections, no more than 7
days from the date of this Order.
IS FURTHER ORDERED that AHA Huts 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 shall be responsible for such payment. In
connection with this award, the parties are to do the
(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 shall pay that amount;
(2) If the parties do not agree to a resolution, AHA
Huts 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 AHA
Huts' Motion, file any opposition pertaining to the
imposition of the amounts requested by AHA Huts. Signed in