Opinion
CIVIL ACTION, No: 07-2249-JWL-DJW.
November 28, 2007
ORDER
Pending before the Court is the Motion to Deem Objections to Written Discovery Waived (doc. 20) filed by Defendant BNSF Railway Company (BNSF). BNSF requests that the Court deem Plaintiff's objections to BNSF's opening interrogatories and requests for production waived. Plaintiff has filed no opposition to the motion.
BNSF states that Plaintiff served objections to the interrogatories and requests but simultaneously answered them. BNSF indicates that Plaintiff's responses and objections are attached; however, they are not included in the attached exhibits.
No exhibits are attached to BNSF's motion. Although BNSF does attach exhibits to its supporting memorandum, those exhibits consist of (1) a duplicate copy of BNSF's supporting memorandum, and (2) Plaintiff's Opening Interrogatories to Defendant. These exhibits appear to be erroneously attached to the memorandum.
Rule 37.1 of this Court's Rules of Practice provides that any discovery motion directed at interrogatories or requests for production "shall be accompanied by copies of . . . the portions of the interrogatories, requests or responses in dispute." As BNSF has failed to comply with this requirement, the Court is unable to consider the merits of the dispute relating to BNSF's interrogatories and requests. The Court will therefore deny the motion without prejudice to BNSF refiling the motion with the interrogatories and requests, and Plaintiff's responses and objections thereto, attached to the motion. Any such renewed motion shall be filed within ten (10) days of the date of filing of this Order.
D. Kan. Rule 37.1(a).
See Oxford House, Inc. v. City of Topeka, Kan., No. 06-4004-RDR, 2007 WL 1246200, at *7 (D. Kan. Apr. 27, 2007) (denying motion to compel without prejudice for failure to attach copies of requests for production and responses at issue), aff'd on recons., 2007 WL 1302539 (D. Kan. May 3, 2007); C.T. v. Liberal School Dist., No. 06-2093-JWL, 2007 WL 1246219, at *3 (D. Kan. Apr. 27, 2007) (denying motion to compel without prejudice in part for failure to attach copies of requests for production at issue).
IT IS THEREFORE ORDERED that BNSF's Motion to Deem Objections to Written Discovery Waived (doc. 20) is denied without prejudice.