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Gardner v. Yellow Book USA

February 5, 2007

RAINIE GARDNER, PLAINTIFF,
v.
YELLOW BOOK USA, DEFENDANT.



The opinion of the court was delivered by: District Judge Thomas M. Rose

Magistrate Judge Sharon L. Ovington

ORDER

Defendant Yellow Book USA has filed a Motion to Compel Discovery (Doc. #9). Specifically, Defendant seeks an Order pursuant to Fed. R. Civ. P. 37 compelling Plaintiff Rainie Gardner to produce documents in response to Defendant's First Request for Production of Documents and to fully answer Defendant's First Set of Interrogatories. Although Defendant has received Plaintiff's responses to these discovery requests, Defendant contends that the responses are incomplete or fail to satisfy Plaintiff's burden under the Federal Rules of Civil Procedure. Defendant also seeks an award of reasonable attorney fees it incurred in bringing its Motion to Compel.

Plaintiff must either produce the discovery sought by Defendant or show cause why the Court should not grant Defendant's Motion to Compel and order Plaintiff to produce the requested discovery. Defendant may renew its request for reasonable attorney fees after this discovery dispute is resolved.

IT IS THEREFORE ORDERED THAT: On or before February 20, 2007, Plaintiff shall provide to Defendant the discovery sought by Defendant's First Request for Production of Documents and shall fully answer Defendant's First Set of Interrogatories or show cause why the Court should not grant Defendant's Motion to Compel (Doc. #9) and order Plaintiff to produce the requested discovery.

Sharon L. Ovington United States Magistrate Judge

20070205

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