Opinion
2:23-cv-11036
10-09-2024
JASON CENTERS, Plaintiff, v. AMTRAK, Defendant.
Matthew F. Leitman District Judge
ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION TO COMPEL (ECF No. 23)
KIMBERLY G. ALTMAN UNITED STATES MAGISTRATE JUDGE
I.
This is an employment case under the Federal Employers Liability Act. Plaintiff Jason Centers (Centers) is suing his employer, Amtrak, seeking damages after suffering an injury at work. Before the Court is Centers' motion to compel (ECF No. 23), which was referred to the undersigned. (ECF No. 24). For the reasons that follow, the motion is GRANTED.
II.
On September 23, 2024, Centers filed the instant motion to compel Amtrak to produce managing agents Tim Nolan (Nolan) and William Gorham (Gorham) for depositions. (ECF No. 23). Centers explains that the parties agreed to the depositions of Nolan and Gorham, but Nolan failed to appear at a deposition scheduled for July 29, 2024, without explanation. (Id., PageID.111). The parties conferred again, and Centers arranged another deposition of both Nolan and Gorham, but again, both agents failed to appear without explanation. (Id., PageID.111-112). Centers has further attempted to schedule depositions of Nolan and Gorham to no avail. (Id., PageID.112).
Under the rules, Amtrak's response to Centers' motion to compel was due by October 7, 2024. See E.D. Mich. LR 7.1(e)(1). To date, Amtrak has not responded. The motion is therefore unopposed. “ ‘[I]f a [party] fails to respond or otherwise oppose a [party's] motion, then the district court may deem the [nonmoving party] to have waived opposition to the motion.' ” Stewart v. Marathon Petroleum Co., LP, No. 2:18-CV-12510, 2020 WL 12763077, at *1 (E.D. Mich. Dec. 7, 2020) (MURPHY, J.) (quoting Humphrey v. U.S. Attorney General's Office, 279 Fed.Appx. 328, 331 (6th Cir. 2008) (alterations in Stewart)).
Amtrak shall produce Nolan and Gorham for depositions on or before October 23, 2024. Failure to comply with this order or the Court's prior discovery order, (ECF No. 18), may subject Amtrak to discovery sanctions under Fed.R.Civ.P. 37.
Further, Centers has requested that Amtrak be ordered to pay the costs incurred by Centers in organizing and noticing the two unsuccessful depositions and filing this motion. If Centers wishes to pursue an award of his reasonable expenses and/or attorney's fees in connection with his organization of the depositions and preparation of this motion, he may file a motion for relief including a sworn bill of costs and any supporting documentation by November 6, 2024, for consideration. Amtrak shall have fourteen days from the filing of any such motion to respond.
SO ORDERED.