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Sheaffer v. Shughart

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


December 29, 2006

LAURIE SHEAFFER, PLAINTIFF
v.
DAWN M. SHUGHART AND RE/MAX STERLING ASSOCS., DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 29th day of December, 2006, upon consideration of defendants' motions for sanctions (Doc. 20) and to compel discovery (Doc. 15), averring that pro se plaintiff has not timely responded to interrogatories or a request for production of documents, which were received by September 1, 2006 (see Doc. 15 ¶ 4; Doc. 20, Ex. at 2),*fn1 see FED. R. CIV. P. 33(b) (requiring answers and any objections "within 30 days after the service of the interrogatories"); id. 34(b) ("The party upon whom the request [for production of documents] is served shall serve a written response within 30 days after the service of the request."), and it appearing that the court did not previously issue an order compelling plaintiff to respond to defendants' discovery requests,*fn2 see id. 37(a)(2)(B) (providing that if a party fails to produce the requested documents, "the discovering party may move for an order compelling" the production of the documents); see also McMullen v. Bay Ship Mgmt., 335 F.3d 215, 217 (3d Cir. 2003) ("Generally, [Rule 37] requires the issuance of an order to compel and only after failure to comply with that order should a penalty be imposed.") it is hereby ORDERED that:

1. The motion to compel (Doc. 15) is GRANTED.

2. The motion for sanctions (Doc. 20) is DENIED.

3. On or before January 26, 2007, plaintiff shall respond to defendants' interrogatories and request for production of documents. Failure to comply with this paragraph may result in the imposition of sanctions, including plaintiff being barred from offering testimony in the case or dismissal of the case. See FED. R. CIV. P. 37, 41(b); see also L.R. 83.3.1.

CHRISTOPHER C. CONNER United States District Judge


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