Case 3:16-cv-02579-B Document 21 Filed 05/04/17 Page 1 of 2 PageID 243

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

AVI S. ADELMAN, )
Plaintiff, )
v. ) No. 3:16-CV-2579-B
DALLAS AREA RAPID TRANSIT and )
STEPHANIE BRANCH, individually and in )
her official capacity as a Dallas Area Rapid )
Transit Police Officer, )
Defendants. )

ORDER

Before the Court is Plaintiff Avi S. Adelmans (Plaintiff) Motion to Compel Documents

and Discovery Responses from Defendant Dallas Area Rapid Transit (DART) [ECF No. 16]

(Motion to Compel), filed on April 7, 2017. The District Court referred the Motion to Compel to

the United States Magistrate Judge on April 10, 2017. Order Referring Mot., ECF No. 19. On May

2, 2017, Plaintiff filed his Notice of Partial Resolution of Plaintiffs Motion to Compel and Request

for Immediate Consideration [ECF No. 20] (Notice of Partial Resolution). In the Notice of Partial

Resolution, Plaintiff informs the Court that the parties have resolved some of their disputes set forth

in Plaintiffs Motion to Compel, but that some disputes remain. Notice 1-2, ECF No. 20.

Furthermore, Plaintiff seeks expedited consideration of the remaining disputes in his Motion to

Compel, so that Plaintiff could use the discovery responses in preparing for some upcoming

depositions, and because DART failed to file a response and the time to do so has passed. Notice 1-2,

ECF No. 20.

Upon consideration of the foregoing, the Court construes DARTs failure to respond to

Plaintiffs Motion to Compel as a lack of opposition to the motion. Therefore, Plaintiffs Motion to

Compel [ECF No. 16] is GRANTED. DART shall provide the responses and documents responsive
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to the requests for production, requests for admission, and interrogatories set forth on page two of

Plaintiffs Notice of Partial Resolution [ECF No. 20] within two weeks of the entry of this Order.

Plaintiffs request for attorneys fees is DENIED without prejudice. Plaintiff may re-urge the fee

request with further briefing and an affidavit detailing the reasonable fees expended.

SO ORDERED, this 4th day of May, 2017.

_____________________________________
PAUL D. STICKNEY
UNITED STATES MAGISTRATE JUDGE