Opinion
3:12-cv-00463-LRH-WGC
04-15-2013
UNITED STATES OF AMERICA, Plaintiff, v. $15,000.00 IN UNITED STATES CURRENCY Defendant. THOMAS E. SLACK, Claimant.
ORDER
Before the court is the Motion to Compel Responses to Interrogatories and for Production of Documents of Plaintiff United States of America (Doc. # 10) and Plaintiff's Notice of Failure to Respond to Motion to Compel Discovery Responses (Doc. # 13.)
Federal Rule of Civil Procedure 37(a) authorizes a party to seek an order compelling discovery when a party fails to answer an interrogatory submitted under Rule 33 or produce documents as requested under Rule 34. Federal Rule 37(a)(3)(B) and (iii)(iv). Based upon Plaintiff's motion (Doc. # 10) and Notice (Doc. # 13), it appears claimant has both failed to respond to Plaintiff's discovery and Plaintiff's motion with respect thereto.
Local Rule 7-2(d) provides in pertinent part as follows:
"* * * The failure of an opposing party to file points and authorities in response to any motion shall constitute a consent to the granting of the motion."
Therefore, good cause appearing, Plaintiff's motion to compel (Doc. # 10) is GRANTED .
Claimant is advised that in accordance with Fed. R. Civ. P. 37(b), if claimant fails to respond to Plaintiff's outstanding discovery by April 30, 2013, this court may enter a recommendation for sanctions against claimant under Fed. R. Civ. P. 37(b), including treating claimant's failure to respond as contempt of court and/or dismissing claimant's claim pending herein. IT IS SO ORDERED.
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WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE