RIVA DEL LAGO CONDOMINIUM ASSOCIATION, INC.
v.
STEADFAST INSURANCE COMPANY
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Steadfast Insurance Company moved to compel Riva Del Lago Condominium Association to provide complete answers to interrogatories in a breach of contract dispute. The motion was rendered moot when the plaintiff provided updated discovery responses before the court ruling.
The motion to compel is denied as moot because the plaintiff provided updated discovery responses after the motion was filed. The court cannot award expenses because defendant did not request them and provided no documentation to support an expenses award.
[1] A motion to compel discovery is rendered moot when the opposing party provides updated responses before a ruling on the motion.
[2] A party seeking an award of expenses and attorney's fees under Rule 37(a)(5) must specifically request such an award and provide supporting documentation.
Previewing 2 of 3 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“Given these representations, which stand unrebutted, the request for an order compelling discovery is moot.”
Establishes that the motion became moot upon plaintiff's provision of updated responses.
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Join FLexlaw to unlock all legal intelligenceDefendant Steadfast Insurance Company filed a motion to compel plaintiff to provide complete and better answers to several interrogatories. After the …
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In this breach of contract case, Defendant Steadfast Insurance Company moves to compel Plaintiff Riva Del Lago Condominium Association, Inc. to provide complete and better answers to several interrogatories. (Doc. 30.) Since the filing, Plaintiff has provided updated responses. (Docs. 31, 31- 5.) Given these representations, which stand unrebutted, the request for an order compelling discovery is moot. See Trahan v. Sandoz Inc., No. 3:13-CV- 350-J-34MCR, 2015 WL 12857088, at *1 (M.D. Fla. Sept. 24, 2015). Defendant can file a new motion if needed to challenge the sufficiency of any updated discovery responses.
Accordingly, Defendant's Motion to Compel (Doc. 30) is DENIED AS MOOT.1
ORDERED in Fort Myers, Florida on April 3, 2025.
Kyle C. Dudek United States Magistrate Judge
[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).