Opinion
No. 02-2698-MaV
October 21, 2003
ORDER GRANTING PLAINTIFF'S MOTION TO COMPEL
Before the court is the September 29, 2003 motion of the plaintiff, Quinton Qualls, pursuant to Rule 37(a) of the Federal Rules of Civil Procedure, to compel the defendant, Mark Luttrell, in his official capacity to respond to interrogatories and requests for admissions. The motion was referred to the United States Magistrate Judge for determination.
The discovery deadline was extended only as to the defendant Mark Luttrell in his official capacity. The motion to compel is untimely as to the other defendants.
Pursuant to Local Rule 7.2(a)(2), responses to motions in civil cases are to be filed within fifteen days after service of the motion. Luttrell has not filed a response to this motion, and the time for responding has now expired. Rule 7.2(a)(2) further provides that "[f]ailure to respond timely to any motion . . . may be deemed good grounds for granting the motion." In the absence of a response by Luttrell, Quail's motion to compel is granted. Defendant Mark Luttrell, in his official capacity, is directed to respond to the plaintiff's first interrogatories and requests for admissions within eleven days of entry of this order.
IT IS SO ORDERED.