Cain v. Wal-Mart Stores, Inc.

2018 WL 1434819, 2018 Lexis 47160 (2018)


P entered D's store to purchase a 50-pound bag of Dog Food. The bags of dog food were piled in stacks, and one stack was approximately 3 feet high. P bent down to pick up a bag from the 3-foot-high stack, and another 50-pound bag of dog food fell from an adjacent 8-foot-high stack and landed on P's head, neck, and back, causing severe and permanent injury. P sued in part for negligence. P seeks punitive and compensatory damages. Initial disclosures were due on 30 July 2016. P served its first set of interrogatories and requests for production of documents. Ds responded asserting a number of objections to most of P's requests. P provided Ds with a proposed Rule 30(b)(6) notice. Ds served notice of its objections to the Rule 30(b)(6) notice. P filed this first motion to compel which, again, seeks production of supplemental responses to various interrogatories and production requests, responses to several specified topics for a Rule 30(b)(6) deposition of D, and extension of the time to complete discovery. P filed his second, duplicative motion. P duly certified in both motions that he attempted to resolve the matters at issue without court intervention. D did not file a response to either motion by the applicable deadlines. P filed his third motion which seeks, production by Ds of initial disclosures and extension of deadlines in the Scheduling Order. P duly certified that he attempted to resolve the matters at issue in the third motion without court intervention. Ds responded to P's third motion.