Gore Range Construction, Inc. v. Episcopal Diocese of Oklahoma, Inc., The, No. 4:2010cv00182 - Document 32 (N.D. Okla. 2011)

Court Description: OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; finding as moot 30 Motion to Compel (jcm, Dpty Clk)

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA GORE RANGE CONSTRUCTION, INC. d/b/a GROVE BUILDERS, a Colorado Corporation, PLAINTIFF, vs. THE EPISCOPAL DIOCESE OF OKLAHOMA, INC., an Oklahoma Corporation,, DEFENDANT. ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 10-CV-182-JHP-FHM OPINION AND ORDER Plaintiff s Motion to Compel Pursuant to F.R.C.P. Rule 37(3)(B)(III) & (IV) [Dkt. 30] is before the Court for decision. Defendant has filed a response [Dkt. 31]. No reply has been filed. Plaintiff s motion seeks an order compelling Defendant to respond to Plaintiff s discovery requests. Defendant s response states that apparently due to a clerical error in Defendant s attorney s office, Defendant s attorney was not aware that the discovery requests had been served but that responses have now been provided to Plaintiff. The Court finds that Plaintiff s Motion to Compel [Dkt. 30] is moot. SO ORDERED this 8th day of March, 2011.

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