1. Case 1:11-cv-20120-PAS Document 52 Entered on FLSD Docket 08/10/2011 Page 1 of 2
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 11-20120-CIV-SEITZ/SIMONTON
TRAIAN BUJDUVEANU,
Plaintiff,
v.
ANA GINSPERT, et al.,
Defendants.
/
ORDER DENYING PLAINTIFF’S MOTION TO COMPEL
This matter is before the Court upon Plaintiff’s Motion for the Production of
Documents and Electronically Stored Informations, Under Rule 34 (DE # 50). The
Honorable Patricia A. Seitz, United States District Judge, has referred this case to the
undersigned Magistrate Judge with respect to all pretrial matters (DE # 10).
Under Federal Rule of Civil Procedure 34(b)(2)(A), a party must respond in writing
to a production request within 30 days of being served, subject to Rule 6(a), which
describes the method for computing this time period. In addition, Rule 6(d) provides for
an additional three days in certain instances, including when service is completed by
mail to a person’s last known address. In this case, Plaintiff certifies that, on July 25,
2011, he served via U.S. postal mail the production request at issue in Plaintiff’s Motion
(DE # 50 at 8). Plaintiff does not claim that the production request was first served at an
earlier date.
In addition, Plaintiff has failed to comply with the Discovery Procedures set forth
in the Order Setting Trial Date, Pretrial Deadlines and Referral to Magistrate (DE # 44 at
4), which govern the parties’ actions in cases of discovery disputes. Therefore, it is
hereby

2. Case 1:11-cv-20120-PAS Document 52 Entered on FLSD Docket 08/10/2011 Page 2 of 2
ORDERED AND ADJUDGED that Plaintiff’s Motion for the Production of
Documents and Electronically Stored Informations, Under Rule 34 (DE # 50) is DENIED,
WITHOUT PREJUDICE. Plaintiff’s Motion is premature as the time for Defendants to
respond has not yet expired under the time allotted in the Federal Rules of Civil
Procedure. Plaintiff may file a renewed motion to compel, if appropriate, after
Defendants’ time to respond has expired. In addition, the parties are reminded, in cases
of discovery disputes, to adhere to the Discovery Procedures in the Court’s Order
Setting Trial Date, Pretrial Deadlines and Referral to Magistrate (DE # 44 at 4).
DONE AND ORDERED at Miami, Florida, on August 10, 2011.
__________________________________
ANDREA M. SIMONTON
UNITED STATES MAGISTRATE JUDGE
Copies furnished to:
All counsel of record
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