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Unum Life Insurance Company of America v. Goins

October 26, 2006

UNUM LIFE INSURANCE COMPANY OF AMERICA, PLAINTIFF
v.
PAMELA M. GOINS DEFENDANT



The opinion of the court was delivered by: Hogan, M.J.

Weber, J.

ORDER

This matter is before the Court on Plaintiff's Motion to Compel Discovery (Doc. 17). To date, Defendant has filed no opposition to Plaintiff's motion.

Plaintiff initiated this action by filing a complaint under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., seeking restitution pursuant to 29 U.S.C. § 1132(a)(3). (Doc. 1).

In its Motion to Compel, Plaintiff contends that Defendant has refused to respond to discovery requests properly served upon her. (See Doc. 17).*fn1 Plaintiff claims that Defendant has failed to answer the First Set of Interrogatories and Requests for Production of Documents served upon her by Plaintiff on May 31, 2006. (Doc. 17, Ex. A, Affidavit of Counsel).

"Failure to file a memorandum in opposition may be cause for the Court to grant any motion as filed." S.D. Ohio Civ. R. 7.2(a)(2). Defendant has offered no opposition to Plaintiff's motion. Accordingly, Plaintiff's Motion to Compel (Doc. 17) is hereby granted.

IT IS THEREFORE ORDERED THAT:

1) Plaintiff's Motion to Compel (Doc. 17) be GRANTED.

2) Defendant shall provide responses to Plaintiff's First Combined Set of Interrogatories and Requests for Production of Documents WITHIN FIFTEEN (15) DAYS.

SO ORDERED.

Timothy S. Hogan United States ...


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