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Paige v. State Farm Fire and Casualty Co.

United States District Court, M.D. Louisiana

December 18, 2019

TAMEKIA PAIGE
v.
STATE FARM FIRE AND CASUALTY COMPANY

          ORDER

          RICHARD L. BOURGEOIS, JR., UNITED STATES MAGISTRATE JUDGE

         Before the Court is Defendant's Motion to Compel More Sufficient Discovery Responses and Production of Documents and Things from Plaintiff (R. Doc. 14) filed on October 16, 2019. The deadline for filing an opposition has expired. LR 7(f). Accordingly, the motion is unopposed.

         I. Background

         Tamekia Paige (“Plaintiff”) initiated this action in state court to obtain recovery from State Farm Fire and Casually Company (“State Farm”) for alleged losses incurred under her homeowner's policy as a result of a burglary of her home on Ellerslie Drive in Baton Rouge (“Ellerslie Property”) on November 17, 2017. (R. Doc. 1-4). State Farm removed the action. (R. Doc. 1). In its answer, State Farm asserts that Plaintiff filed a “second claim” for theft-related losses that “has complicated the adjustment of the first claim.” (R. Doc. 6 at 1). State Farm asserts that the second alleged theft occurred at Plaintiff's “other home” on Brownfields Drive in Baton Rouge (“Brownfields Property”) on December 18, 2017. (R. Doc. 14-2 at 2).

         State Farm served its first sets of interrogatories and requests for production on May 28, 2019. (R. Doc. 14-3 at 11-22). Plaintiff provided responses on July 19, 2019. (R. Doc. 14-3 at 23-41). Plaintiff provided certain supplemental responses on October 14, 2019. (R. Doc. 14-3 at 50-55). There is no dispute regarding the timelines of these responses. State Farm now seeks clarification of Plaintiff's responses to Interrogatory Nos. 3, 12, 15, 19 and Request for Production No. 2.

         State Farm served a second set of requests for admission and requests for production on August 27, 2019. (R. Doc. 14-3 at 46-48). State Farm represents that no responses were provided by the agreed upon extended deadline of October 14, 2019. (R. Doc. 14-2 at 12).

         State Farm also made several attempts to obtain a date to inspect the Ellerslie Property and Brownfields Property. (See R. Doc. 14-2 at 10-11). State Farm now seeks an order requiring Plaintiff to provide dates for the inspection of both properties. (R. Doc. 14-2 at 12).

         On September 12, 2019, Plaintiff's original counsel, Jonathan Holloway, sought to withdraw as counsel and substitute Plaintiff's current counsel, Loreal Jackson, as attorney of record. (R. Doc. 12). The Court denied the motion because Ms. Jackson was not admitted to practice in this district. (R. Doc. 13).

         On October 16, 2019, State Farm filed the instant motion to compel. (R. Doc. 15).

         On October 21, 2019, Mr. Holloway and Ms. Jackson filed a joint motion for the purposes of having Ms. Jackson substituted as Plaintiff's counsel. (R. Doc. 15). The Court granted the motion. (R. Doc. 16).

         The Court then set a telephone conference to discuss the pending motion to compel to take place on December 16, 2019. (R. Doc. 17). Ms. Jackson failed to participate in the telephone conference. (R. Doc. 18). To date, Plaintiff has not filed an opposition to the pending motion to compel.

         II. Law and Analysis

         A. First Set of Interrogatories and Requests for Production

         Interrogatory ...


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