Opinion
Case No. 3:09-cv-468-J-25MCR.
January 26, 2010
ORDER
THIS CAUSE is before the Court on Plaintiff's Motion to Compel (Doc. 16) filed December 7, 2009. Defendant Raif A. Richa's response to this Motion was due January 22, 2010. To date, no response has been filed. Accordingly, the Court will treat the Motion as though it was unopposed.
On December 30, 2009, this Court entered an Order granting defense counsel's Motion to Withdraw (Doc. 20) and giving Defendants, Bourban Street Station, Inc. and Raif A. Richa, until January 13, 2010 to secure alternative representation. (Doc. 23). When Defendants failed to obtain representation, this Court entered an Order informing pro se Defendant Raif A. Richa of some of the rules of this Court and directing him to file a response to Plaintiff Motion to Compel no later than January 22, 2010. (Doc. 26). Defendant was cautioned that failure to file a response would result in the Court treating the Motion to Compel as being unopposed. Id.
I. BACKGROUND
II. ANALYSIS
Commercial Union Insurance Co. v. Westrope730 F.2d 729731th See Westrope730 F.2d at 731
The overall purpose of discovery under the Federal Rules is to require the disclosure of all relevant information so that the ultimate resolution of disputed issues in any civil action may be based on a full and accurate understanding of the true facts. See United States v. Proctor Gamble Co., 356 U.S. 677, 682, 78 S.Ct. 983, 986-87 (1958). Discovery is intended to operate with minimal judicial supervision unless a dispute arises and one of the parties files a motion requiring judicial intervention. Furthermore, "[d]iscovery in this district should be practiced with a spirit of cooperation and civility." Middle District Discovery (2001) at 1.
As Defendant failed to file a response to the instant Motion, the Court must assume Defendant has not yet provided any responses to the discovery requests. Accordingly, the Court directs Defendant, Raif A. Richa, to provide responses to Plaintiff's discovery requests no later than Tuesday, February 16, 2010.
Fed.R.Civ.P. 37(a)(5)(A) provides that if a motion to compel discovery is granted, the Court must award the movant's reasonable expenses incurred in making the motion, including attorney's fees, except in certain enumerated circumstances. Accordingly, on or before Tuesday, February 16, 2010, Defendant, Raif A. Richa, shall tender to counsel for Plaintiff the sum of $120.00, to compensate Plaintiff for the expenses incurred in bringing the instant motion to compel.
Defendant is cautioned that failure to comply with this Order may result in sanctions, including the entry of default. See Fed.R.Civ.P. 37(b)(2)(A).
III. CONCLUSION
Accordingly, after due consideration, it is
ORDERED:
Plaintiff's Motion to Compel (Doc. 16) is GRANTED as provided in the body of this Order. DONE AND ORDERED in Chambers in Jacksonville, Florida
The Court is not addressing Defendant Bourbon Street Station, Inc. in the instant Order as Local Rule 2.03(e), M.D. Fla., states that corporations may only appear and be heard through counsel.