Opinion
NO. 4:12CV00050-MPM-JMV
04-29-2013
LELAND LOU, TIN S. LOU, AND MAE LOU PLAINTIFFS v. CITY OF GREENWOOD, ET AL., DEFENDANTS
ORDER COMPELLING DISCOVERY AND
REQUIRING COUNSEL TO SHOW CAUSE
Before the court is Defendants' Second Motion to Compel discovery pursuant to Fed.R.Civ.P. 37 [33]. Plaintiffs have filed no response. Accordingly, the court is ready to rule.
In support of their motion, Defendants essentially state that Plaintiffs have failed to comply with this court's January 16, 2013 Order which granted Defendants' first motion to compel and ordered Plaintiffs to execute medical releases and submit their overdue responses to Defendants' written discovery by March 22, 2013. Specifically, Defendants charge that Plaintiff Mae Lou has refused to execute medical releases and provide information as to her health care providers. Plaintiff Mae Lou has also completely failed to respond to certain interrogatories. Additionally, though Plaintiff Tin S. Lou has executed medical releases, he has failed to identify his regular health care providers. Finally, Defendants complain that each Plaintiff's objections to certain interrogatories and requests for production are meritless and improper. Because Plaintiffs have failed to provide any explanation for the charges made by Defendants and because Defendants' arguments are well-taken, the court finds that Plaintiffs have failed to fully comply with the court's prior discovery order and that the subject objections to Defendants' discovery requests are overruled.
THEREFORE, it is ORDERED:
1. That within 14 days of this date, Plaintiffs shall fully and completely respond to the written discovery requests that are the subject of Defendants' Second Motion to compel.
2. That should Plaintiffs fail to completely comply with this order, the court will entertain a motion to dismiss for failure to comply with discovery obligations.
3. That within 14 days of this date, counsel for Plaintiffs shall show cause why an award to Defendants of attorneys fees should not be assessed against said counsel for failure to cooperate in discovery as found herein.
Jane M. Virden
U. S. MAGISTRATE JUDGE