SUNSTREAM CORPORATION, INC.
v.
STEFAN PETROV AND BOATING WORLD PRO SHOP, LLC
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The court granted the plaintiff's motion to compel discovery and awarded attorney's fees because the defendants failed to respond to the discovery requests or the court's order to show cause.
[1] When a party fails to timely respond to interrogatories, requests for production of documents, or other discovery requests, all objections except those based on privilege…
[2] Upon grant of a motion to compel discovery, the court must award the moving party's reasonable attorney's fees and expenses unless the non-moving party's conduct was subs…
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“All objections except privilege or legal protections, are waived.”
Citing Bell v. Mallin and Perry v. Mod. Hometech, Inc. for the proposition that failure to respond timely to discovery requests results in waiver of objections except privilege.
The plaintiff served discovery requests on the defendants, who failed to respond. The court ordered the defendants to respond to the motion to compel,…
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Sunstream's attempts to communicate regarding the defendants' failure to respond. (Doc. 38-1, p. 5). The court directed the defendants to respond to Sunstream's motion to compel by November 25, 2025. (Doc. 42). The undersigned warned the defendants failure to respond would result in the court treating the outstanding discovery issues and Sunstream's request for fees as unopposed. See Local Rule 3.01(d) (“If a party fails to timely respond, the motion is subject to treatment as unopposed.”). Given the defendants' failure to respond, Sunstream's Motion to Compel (Doc. 38) is GRANTED as to the outstanding discovery requests. (See Doc. 38). “All objections except privilege or legal protections, are waived.” Bell v. Mallin, No. 8:17-CV-2001-T- 27AAS, 2018 WL 3067845 at *2 (M.D. Fla. June 21, 2018); Perry v. Mod. Hometech, Inc., No. 607CV-1755-ORL-19KRS, 2009 WL 1140121 at *1 (M.D. Fla. Apr. 28, 2009) (holding the defendants “waived all objections except for privilege or legal protections" because they “failed to respond timely to the discovery request”); see Reliance Ins. Co. v. Core Carriers, Inc., No. 3:06-cv-585- J-20MCR, 2008 WL 2414041, at *2 (M.D. Fla. June 11, 2008) (“[W]hen a party fails to timely object to interrogatories, production requests, or other discovery efforts, the objections are deemed waived").
(1) By December 16, 2025, the defendants must respond to the Discovery Requests.
(2) Sunstream's reasonable attorney's fees and expenses incurred in
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bringing the motion to compel are awarded against the defendants. See Fed. R. Civ. P. 37(a)(5)(A) (“If the motion [to compel] is granted. . the court must . require the party or deponent whose conduct necessitated the motion. . . to pay the movant's reasonable expenses incurred in making the motion, including attorney's fees.") (emphasis added). The parties must confer and attempt to agree on the reasonable amount of attorney's fees and expenses Sunstream incurred in relation to this motion. If the parties cannot agree, Sunstream may file a motion with supporting documentation by December 23, 2025, and the defendants' response to the motion will be due by January 6, 2026.
ORDERED in Tampa, Florida on December 5, 2025.
Amanda Arnold Sansone
AMANDA ARNOLD SANSONE
United States Magistrate Judge
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