Opinion
8:21-cv-2556-VMC-JSS
06-14-2022
GOVERNMENT EMPLOYEES INSURANCE CO., GEICO INDEMNITY CO., GEICO GENERAL INSURANCE COMPANY and GEICO CASUALTY CO., Plaintiffs, v. DAVID KALIN, M.D., et al., Defendants.
ORDER
JERE S. SNEED, UNTIED STATES MAGISTRATE JUDGE
Plaintiffs (“GEICO”) move the court to compel Defendants Maikel Cabrera, L.M.T., Evelin Perez, L.M.T, and Josefina Sosa, L.M.T. to respond to GEICO's discovery requests. (Motion, Dkt. 119.) On February 8, 2022, GEICO served a First Set of Interrogatories and First Set of Document Requests on Defendants Cabrera, Perez, and Sosa. (Dkt. 119-1.) On March 3, 2022, Defendants Cabrera, Perez, and Sosa obtained a brief extension of the deadline, to March 24, 2022, to respond to GEICO's discovery requests. Defendants Cabrera, Perez, and Sosa failed to provide any responses or documents. Accordingly, GEICO filed this Motion to Compel pursuant to Federal Rule of Civil Procedure 37. (Dkt. 119.)
On May 3, 2022, this court permitted attorney Kenneth Schurr to withdraw as counsel for Defendants Cabrera, Perez, and Sosa. (Dkt. 133.) The court granted Defendants 20 days to obtain new counsel or proceed pro se. (Id.) The court further directed Defendants Cabrera, Perez, and Sosa to file a response to GEICO's Motion within 35 days, regardless of whether they obtained new counsel. (Id.). Defendants were advised that if they failed to file a response as directed, the court would deem the Motion unopposed pursuant to Middle District of Florida Local Rule 3.01(c). More than thirty-five days have passed since the court's order, but no response to the Motion has been filed. As such, the court deems the Motion unopposed.
Accordingly, GEICO's Motion to Compel (Dkt. 119) is GRANTED in part and DENIED in part. Defendants Cabrera, Perez, and Sosa shall provide written responses to GEICO's First Set of Interrogatories and First Set of Document Requests and responsive documents within 30 days. GEICO's request for attorneys' fees and costs is denied without prejudice.
ORDERED.