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Hinton v. Stein

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


May 28, 2003

KENNETH A. HINTON, PLAINTIFF,
v.
CHERYL D. STEIN, DEFENDANT.

The opinion of the court was delivered by: Reggie B. Walton, United States District Judge.

MEMORANDUM AND ORDER

Defendant has responded to the Court's Order to Show Cause why she should not be held in contempt for failing to respond to an order entered on March 20, 2003, which gave her 21 days to respond to plaintiff's pending motion to compel a response to his discovery requests. Defendant states that she did not receive copies either of the March 20 order or the Order to Show Cause, which apparently and inadvertently may have been sent to her former address. The Court observes that neither order has been returned by the United States Postal Service as undeliverable. The Court will, however, discharge the order to show cause.

Defendant asserts that she was never served with copies of plaintiff's motion to compel, his response to her motion for summary judgment, or the copies of his discovery requests that he was directed to submit to the Court in its August 19, 2002 Order. Nevertheless, on October 4, 2002, defendant filed a motion for an extension of time in which to file a reply to plaintiff's opposition to her motion for summary judgment. Later, defendant did submit her response to plaintiff's opposition. Both filings indicate that defendant did in fact receive plaintiff's opposition to her motion.

Defendant asks for 21 days to comply with the Court's order of March 20, 2003, and that she be provided with copies of the material that plaintiff submitted in response to the Order of August 19, 2002. This request will be granted.

Accordingly, it is by the Court this 28th day of May, 2003,

ORDERED that the Order to Show Cause filed on May 6, 2003, is DISCHARGED. It is FURTHER ORDERED that within 21 days of the date of this Order defendant shall respond to plaintiff's current motion to compel, and shall submit with her response to the Court copies of all discovery requests she has received from plaintiff and of all responses she has made to these requests. No further extensions will be granted except for unforeseeable and extraordinary cause shown. It is

FURTHER ORDERED that plaintiff may file a reply to defendant's response within 15 days of the date of service of the response. No extensions will be granted except for unforeseeable and extraordinary cause shown. It is

FURTHER ORDERED that a copy of the attached document entitled "Plaintiff Kenneth A. Hinton's Second Set of Interrogatories Propounded to Defendant Cheryl D. Stein" shall be filed as plaintiff's response to the order issued on August 19, 2002, and the Clerk shall mail a copy to defendant. It is

FURTHER ORDERED that plaintiff shall state in any future certificate of service the specific address at which he has served defendant.

20030528

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