Opinion
Civil ACTION 21-CV-10216
09-24-2021
ANTONIO HENRY, Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant.
ORDER GRANTING PLAINTIFF'S MOTION TO COMPEL (Dkt. 19)
HON. MARK A. GOLDSMITH
Plaintiff Antonio Henry filed a motion to compel production of unredacted claim file (Dkt. 19). Defendant Allstate Insurance Company failed to file a response to this motion. The failure to file a response constitutes a forfeiture or waiver of any argument in opposition. See Brown v. VHS of Mich., Inc., 545 Fed.Appx. 368, 372 (6th Cir. 2013) (holding that a party abandons a claim by not responding to an argument made in summary judgment motion); Humphrey v. U.S. Att'y Gen.'s Off., 279 Fed.Appx. 328, 331 (6th Cir. 2008) (holding that a party waives any challenge to an argument made in a motion to dismiss by failing to respond to it); Brown v. Gojcaj Foods, Inc., No. 09-14537, 2011 WL 1980533, at *3 (E.D. Mich. May 20, 2011) (“If a party fails to respond to an argument raised in a motion the court can assume that opposition to the motion is waived and the motion may be granted.”). In any case, the motion sets forth good grounds for the conclusion that the unredacted claim file is discoverable. Accordingly, Plaintiff's motion (Dkt. 19) is granted. Defendant must produce the unredacted claim file by October 1, 2021.
SO ORDERED.