Opinion
07-CV-6351T.
June 21, 2010
ORDER
By order dated August 30, 2007, the above-captioned matter has been referred to the undersigned for the supervision of pretrial discovery and the hearing and disposition of all non-dispositive motions, pursuant to 28 U.S.C. §§ 636(b)(1)(A) and (B). (Docket # 9).
On May 14, 2010, plaintiffs filed a motion for leave to serve additional interrogatories to defendant Gregory Warnes. (Docket # 87). This Court then issued a motion scheduling order which granted defendant until June 9, 2010 to oppose the motion. (Docket # 89). This Court has received no response from defendant, thus his failure to oppose the pending motion may be fairly construed as a lack of opposition to the requested relief or as a waiver of his right to be heard. See, e.g., TCPIP Holding Co. v. Haar Commc'ns Inc., 2004 WL 1620950, *4 (S.D.N.Y. 2004) (defendant's failure to respond to motion was sufficient basis to grant motion by default); Loew v. Kolb, 2003 WL 22077454, *1 (S.D.N.Y. 2003) (same). Accordingly, plaintiff's motion for leave to serve additional interrogatories on defendant Warnes (Docket # 87) is GRANTED, and those interrogatories shall be answered by no later than thirty days from the date of service. In addition, the oral argument currently scheduled for June 29, 2010 at 2:00 p.m. is hereby CANCELLED. IT IS SO ORDERED.