Failure to respond to discovery results in waiver of objections

Posted on July 1, 2009 by Amy A. Quinlan

SWIMC, Inc. v. Hy-Tech Thermal Solutions, LLC, et al., Civ. No. 08-084-SLR, June 24 , 2009.

Robinson, J.  Plaintiff’s motion to compel discovery is granted.

Plaintiff served discovery on October 23, 2008 for which no responses have been filed after the parties conferred.  Plaintiff filed a motion to compel on March 31, 2009 asking the court to compel defendants to respond, to rule that any objections have been waived, and to award expenses for bringing the motion.  Defendants have not provided any grounds to excuse their failure to respond, and the court grants the motion.  Plaintiff is to file an affidavit in support of its reasonable expenses.
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