Viar v. BlueCross BlueShield of Tenn., Inc.
Viar v. BlueCross BlueShield of Tenn., Inc.
2020 WL 12884379 (E.D. Tenn. 2020)
November 13, 2020

Steger, Christopher H.,  United States Magistrate Judge

Failure to Produce
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Summary
The Court granted the motion to withdraw as counsel and ordered Plaintiff to respond to Defendants' First Set of Interrogatories and Defendants' First Set of Requests for Production of Documents within thirty days. This includes ESI such as emails, documents, and other digital records. Failure to comply with this order will result in dismissal of the case.
JAIME DIXON VIAR Plaintiff,
v.
BLUECROSS BLUESHIELD OF TENNESSEE, INC., and VOLUNTEER STATE HEALTHCARE PLAN, INC., Defendants
No. 1-20-cv-00039
United States District Court, E.D. Tennessee, Southern Division
Filed November 13, 2020

Counsel

Jaime Dixon Viar, Chickamauga, GA, Pro Se.
Rodrick D. Holmes, Aubrey Beckham Gulledge, Boyle Brasher LLC, Memphis, TN, for Defendants.
Steger, Christopher H., United States Magistrate Judge

ORDER

*1 This matter is before the Court upon the motion of Attorneys Joshua R. Ward and Robert Ethan Hargraves, of the law firm of Massey & Associates, P.C., to withdraw as counsel for Plaintiff Jaime Dixon Viar [Doc. 24]. In addition, Defendants BlueCross BlueShield of Tennessee, Inc., and Volunteer State Healthcare Plan, Inc., through their counsel, move to compel Plaintiff to respond to Defendants' First Set of Interrogatories and Defendants' First Set of Requests for Production of Documents [Doc. 25].

 

The Court held a videoconference hearing on these motions on November 13, 2020, at 2:30 p.m. Present representing Plaintiff was Attorney Ethan Hargraves. Present representing Defendants was Attorney Aubrey B. Gulledge. In support of the motion to withdraw as counsel [Doc. 24], Plaintiff's counsel represents to the Court “that counsel is no longer able to effectively represent Plaintiff according to Plaintiff's wishes.” Defendants' counsel have no objection to the relief requested in the motion.

 

In support of Defendants' motion to compel discovery [Doc. 25], Defendants' counsel represents to the Court that Defendants served Plaintiff with a first set of interrogatories and requests for production on July 29, 2020. Defendants have agreed to extensions of time to respond to these discovery requests, but Plaintiff has not responded by the agreed-upon extended deadlines. As of the date of this order, Plaintiff has yet to respond to the discovery requests. It is undisputed that Fed. R. Civ. P. 33 and 34 require answers to interrogatories and responses to requests for production to be served within thirty days following service (or by agreed upon extended deadlines). Plaintiff has failed to comply.

 

Therefore, for good cause shown, it is hereby ORDERED that:
1. Plaintiff's counsel's Motion to Withdraw as Counsel [Doc. 24] is GRANTED.
2. Attorneys Joshua R. Ward and R. Ethan Hargraves, and the law firm of Massey & Associates, P.C., are hereby TERMINATED as counsel for Plaintiff Jaime Dixon Viar.
3. By Wednesday, December 16, 2020, Plaintiff Jaime Dixon Viar shall have a new attorney enter an appearance on her behalf. Alternatively, by such date, she shall notify the Court that she intends to represent herself. Such notification of self-representation shall be made in writing by mailing a letter to the Court referencing the case name and case number to: Clerk of Court, Joel Solomon Federal Courthouse, 900 Georgia Avenue, Chattanooga, Tennessee 37402.
4. Defendants' Motion to Compel Discovery Responses [Doc. 25] is GRANTED. Plaintiff shall have thirty (30) days from either—(a) the date that a new attorney enters an appearance on her behalf, or (b) the date she notifies the Court that she intends to represent herself—to serve on Defendants' counsel complete answers and responses to Defendant's First Set of Interrogatories to Plaintiff and Defendant's First Set of Requests for Production of Documents to Plaintiff.
5. Plaintiff Viar is hereby placed on notice that failure to comply with this order will constitute grounds to dismiss her claims pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute this action.
*2 6. The Clerk of Court shall place a paper copy of this order in the United States mail to:
Jaime Dixon Viar
103A West 8th Street
Chickamauga, Georgia 30707
(423) 305-9492

 

SO ORDERED.