XIONG
v.
UNITED STATES OF AMERICA
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The court granted the motion to compel discovery because the plaintiff failed to file a timely response, deeming the motion unopposed.
Defendants moved to compel Plaintiff Hope Xiong to serve amended answers to interrogatories seeking information about her minor children's schools, pe…
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MEMORANDUM OF LAW IN SUPPORT (Doc. No. 85) FILED: August 24, 2023
THEREON it is ORDERED that the motion is GRANTED. Defendants Brian T. Bogdanowicz and Medi-Quick Urgent Care Centers, Inc. move to compel Plaintiff Hope Xiong1 to serve amended answers to Interrogatories 5 and 22 to their First Interrogatories. Doc. Nos. 85, 85-2. Interrogatories 5 and 22 seek, among other things, information regarding the names and dates of schools attended by Hope Xiong’s minor children (on whose behalf this action has been brought), the names and addresses of the minor children’s pediatrician(s), and the names and addresses of the mental health treatment providers for the minor children. Doc. No. 85-2, at 3, 6. According to the motion and Hope Xiong’s attached responses, Hope Xiong objected to Interrogatories 5 and 22, to the extent they sought information regarding the minor children, as irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Doc. No. 85- 3, at 4, 11. On Plaintiffs’ motion, the deadline for Plaintiffs to respond to the abovestyled motion was extended through September 5, 2023. Doc. Nos. 87–88.
However, that deadline has now passed, without a timely filed response. Accordingly, the Court deems the motion to be unopposed. See Doc. No. 36 ¶ 5
Fla. Sept. 28, 2016) (granting in full unopposed motion to compel); Daisy, Inc. v. Pollo Operations, Inc., No. 2:14-cv-564-FtM-38CM, 2015 WL 2342951, at *1 (M.D. Fla. May 14, 2015) (when defendant did not respond court could consider motion to compel unopposed). Upon review of the unopposed motion, and the related discovery attached, the Court finds the motion (Doc. No. 85) well taken. Accordingly, it is ORDERED as follows:
1. The Motion to Compel Discovery of Mental Health Providers, Schools Attended, Pediatricians (Doc. No. 85) is GRANTED. 2. On or before September 20, 2023, Plaintiff Hope Xiong shall serve on
Defendants Brian T. Bogdanowicz and Medi-Quick Urgent Care Centers, Inc. amended, sworn answers to Interrogatories 5 and 22. 3. All objections to the discovery at issue have been waived by the failure
to timely respond to the motion to compel. See, e.g., Jackson v. Geometrica, Inc., No. 3:04-cv-640-J-20HTS, 2006 WL 213860, at *1 (M.D. Fla. Jan. 27, 2006) (objections not addressed in response to a motion to compel are deemed abandoned); Bercini, 2016 WL 11448993, at *2 (same). 4. Failure to comply with this Order may result in sanctions. See Fed. R. Civ. P. 37(b).? DONE and ORDERED in Orlando, Florida on September 6, 2023.
LESLIE 3 AN PRICE
UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Counsel of Record Unrepresented Parties