EDMONDS
v.
RESORT LIFESTYLE COMMUNITIES, INC.
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The court granted the defendant's motion to compel discovery responses from the plaintiff.
The defendant served discovery requests on the pro se plaintiff, who failed to respond. The defendant attempted to confer in good faith, and the plain…
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Before the Court is Defendant Bradford Square Retirement Community, LLC's motion to compel discovery responses from pro se Plaintiff Ebron Edmonds. (Doc. 30.) Edmonds has not responded, and the time to do so passed, so the Court treats the motion as unopposed. See Local Rule 3.01(c).
Bradford Square served discovery on Edmonds (Doc. 30-2), and his answers were due by April 18 (Doc. 30-1). Neither responses nor objections were received. The Federal Rules provide that a party may move for an order compelling compliance in such circumstances. See Fed. R. Civ. P. 37(a)(3), (b)(2)(A).
Bradford Square attempted to confer with Edmonds in a good-faith effort to resolve this dispute to no avail. (Doc. 34.) And now Edmonds failed to respond to the pending motion, thereby waiving any objections. See Siddiq v. Saudi Arabian Airlines Corp., No. 6:11-CV-69-ORL-19GJK, 2011 WL 6936485, at *3 (M.D. Fla. Dec. 7, 2011). Having received no response in opposition, the Court grants the motion to compel. (Doc. 30.) By the date provided below, Edmonds must serve full and complete responses to the outstanding discovery requests.
One final matter. Since at least March 25, 2024 (the date Edmonds last had counsel), neither Edmonds nor anyone acting on his behalf has contacted defense counsel about this case. This is despite counsel's repeated attempts to contact Edmonds. (See Docs. 30-1, 30-3,30-5,30-4,34.) Edmonds' nonresponsiveness shows a lack of interest in prosecuting this case. Thus, the Court will provide a deadline by which he must explain why he has ignored defense counsel and whether he intends to prosecute this case.
Accordingly, it is ORDERED:
1. Defendant Bradford Square Retirement Community, LLC's
motion to compel (Doc. 30) is GRANTED. [fn 1]
2. By December 9, 2024, Plaintiff Ebron Edmonds must answer the outstanding discovery.
3. By December 9, 2024, Edmonds must also file a notice explaining why he has not been in contact with defense counsel and whether he intends to prosecute this case. Failure to do so could result in a recommendation that this case be dismissed for failure to prosecute.
ENTERED in Fort Myers, Florida, on November 25, 2024.
Kyle C. Dudek United States Magistrate Judge
Copies: All Parties of Record
[fn 1]: If a motion to compel “is granted or if the disclosure or requested discovery is provided after the motion was filed—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." Fed. R. Civ. P. 37(a)(5). Defendant does not ask for its expenses. Nor has Defendant provided any documentation to issue such an award. Accordingly, the Court cannot order expenses at this time. See, e.g., CMR Constr. & Roofing, LLC v. ASI Preferred Ins. Corp., No. 219CV442FTM29MRM, 2020 WL 9172016, at *3 (M.D. Fla. May 1, 2020).
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Edmonds v. Resort Lifestyle Cmtys., Inc. (M.D. Fla. 2024)…And now Edmonds failed to ---PAGE 2--- Case 2:23-cv-00636-JES-KCD Document 37 Filed 11/25/24 Page 2 of 3 PageID 254 respond to the pending motion, thereby waiving any objections. See Siddiq v. Saudi Arabian Airlines Corp., No. 6:11-CV-69-ORL-19GJK, 2011 WL 6936485, at *3 (M.D. Fla. Dec. 7, 2011). Having received no response in opposition, the Court grants the motion to compel. (Doc. 30.) By the date provided below, Edmonds must serve full and complete responses to the outstanding discovery requests. One fina…
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Hoffman v. Smith, 2024 WL 3898011 (M.D. Fla. 2024)…'s ability to moderate public comments on the city's social media[.]"). When the relevancy of a discovery request is not apparent, the party seeking discovery must show its relevancy. Siddiq v. Saudi Arabian Airlines Corp., No. 6:11-cv-69-Orl-19GJK, 2011 WL 6936485, at *2 n.3 (M.D. Fla. April 29, 2011). Hoffman has not done that here—as mentioned, his motion contains no memorandum in support. Where Hoffman does hit a relevant topic, his requests are otherwise objectionable for covering an unreasonable time-pe…
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Bellasol Condo. 2 Ass'n, Inc. v. Renaissance Re Specialty U.S. Ltd., 2008 WL 4279538 (M.D. Fla. 2025)…t in a good-faith effort to resolve this dispute to no avail. (Doc. 27 at 6-7.) And now Defendant failed to respond to the motion, thereby waiving any objections to the discovery. See Siddiq v. Saudi Arabian Airlines Corp., No. 6:11-CV-69-ORL-19GJK, 2011 WL 6936485, at *3 (M.D. Fla. Dec. 7, 2011). Having received no response in opposition, the Court GRANTS the motion to compel. Within 14 days of this order, Defendant must update its response and produce the documents sought in Request for Production 10.² ORDE…
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- Edmonds v. Resort Lifestyle Cmtys., Inc. (M.D. Fla. 2024)