Weiser et al v. Pathway Services, Inc., No. 4:2017cv00673 - Document 23 (N.D. Okla. 2018)

Court Description: OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; denying 15 Motion to Compel (tjc, Dpty Clk)

Download PDF
Weiser et al v. Pathway Services, Inc. Doc. 23 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA BENNIE R. WEISER, JR., and LATRICE (ALVERSON) WEISER, Plaintiffs/Counter-Defendants, vs. Case No. 17-CV-673-GKF-FHM PATHWAY SERVICES, INC., a domestic for profit business corporation, Defendant/Counter-Plaintiff OPINION AND ORDER Defendant’s Motion to Compel, [Dkt. 15], is before the undersigned United States Magistrate Judge for decision. The matter has been fully briefed, [Dkt. 15, 16, 22], and is ripe for decision. The parties had a dispute over the responses to Defendant’s discovery provided by Plaintiff Bennie R. Weiser, Jr. Following the filing of this motion, and as a result of a previously held meet and confer between counsel, Plaintiff amended his discovery responses. According to Plaintiff’s Response Brief, the original discovery answers were amended to excise general objections that were asserted, responses were reformatted to answer specific subparts, and Plaintiff repeatedly asserted that no documents were being withheld. [Dkt. 16, p. 9]. Defendant filed a Reply Brief wherein it states that the “Motion to Compel Discovery is not moot and serves a purpose here.” [Dkt. 22, p, 1]. However, Defendant’s Reply Brief does not argue that any specific discovery requests remain unanswered, were answered unsatisfactorily, or that there remains anything for the court to resolve. Dockets.Justia.com Based on the representations made by Plaintiff and the lack of specificity in Defendant’s Reply Brief as to what dispute remains, the court finds that Defendant’s Motion to Compel, [Dkt. 15], should be and is hereby DENIED. SO ORDERED this 21st day of August, 2018. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.