Opinion
Case No. 1:12-cv-687
08-02-2013
GINO NUNN, Plaintiff, v. GRAPHIC PACKAGING INTERNATIONAL, INC., Defendant.
Spiegel, J.
Bowman, M.J.
MEMORANDUM ORDER
This civil action came before the Court for a follow-up discovery conference, via telephone, on August 1, 2013, regarding Plaintiff's continued delayed production of his responses to Defendant's pending discovery requests. Laurel Cornell appeared for Defendant GPI and Plaintiff Gino Nunn did not call-in to the conference. Based upon the representations of Ms. Cornell at the conference, Plaintiff continues to evade discovery and has yet to fully respond to Defendant's discovery requests.
Here, the record reflects that the Court has held five telephone conferences relating to Plaintiff's failure to provide complete responses to GPI's discovery requests. (See minute entries of February 26, 2013; May 9, 2013; June 6, 2013; July 19, 2013; August 1, 2013). Plaintiff has also been granted numerous extensions of time in which to submit his discovery responses and has also been noticed that his continued failure to cooperate in discovery may result in dismissal of this action pursuant to Rule 37 of the Federal Rules of Civil Procedure. (See Doc. 17). In light of the foregoing, within seven (7) days of the date of this Order, Plaintiff shall provide the following:
1) full and complete responses to GPI's Interrogatory Nos. 3, 11, 14, 16;
2) all documents responsive to GPI's Request For Production of Documents Nos. 1-31 and GPI's Second Set of Requests for Production of Documents Nos. 1-3;
3) signed release forms to obtain Plaintiff's prior Employment records, Medicare and Social Security Disability documents.
4) file a declaration with the Court outlining his compliance with this Order and attaching copies of his responses and all documents provided to GPI.
To the extent the requested documents do not exist, Plaintiff's rresponse shall so indicate.
Plaintiff 's failure to fully and completely comply with the terms of this Order WILL result in a Report and Recommendation to the District Judge that Plaintiff's complaint be DISMISSED, pursuant to Rule 37 of the Federal Rules of Civil Procedure, for his failure to cooperate in discovery.
IT IS SO ORDERED.
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Stephanie K. Bowman
United States Magistrate Judge