United States District Court, D. South Carolina, Florence Division
MICHAEL E. WOLFE, Plaintiff,
NFN. RYNOLDS, NFN. SHARP, NFN ROGERS, NFN McCULLOUGH, NFN. RICHARDSON, et al., Defendants.
E. Rogers, III Florence, South Carolina United States
a civil action filed pro se by Michael E. Wolfe
(“Plaintiff”). This matter is currently before
the court on numerous motions to compel filed by the
Plaintiff. In each of the motions, Plaintiff does not deny
that the Defendants responded to the discovery but argues
that the answers were not sufficient. The court has reviewed
the motions and the responses.
Defendants indicate at times that “they do not
remember.” In many circumstances, that may be an
inadequate response pursuant to Fed.R.Civ.P. 33 and 34.
“Each interrogatory must, to the extent it is not
objected to, be answered separately and fully in writing
under oath.” See Fed.R.Civ.P. 33(b)(3).
“The grounds for objecting to an interrogatory must be
stated with specificity.” See Fed.R.Civ.P.
33(b)(4). “If a party is unable to supply the requested
information, the party may not simply refuse to answer, but
must state under oath that he is unable to provide the
information and ‘set forth the efforts he used to
obtain the information.'” Hansel v. Shell Oil
Corp., 169 F.R.D. 303, 305 (E.D.Pa. 1996) quoting
Milner v. National School of Health Tech., 73 F.R.D.
628, 632 (E.D.Pa.1977). If only some of the information is
available, that information must be provided, and may be
prefaced with a statement placing the answer in context. As
to Request for Production of Documents, “For each item
or category, the response must either state that inspection
and related activities will be permitted as requested or
state with specificity the grounds for objecting to the
request, including the reasons.” Fed.R.Civ.P. 34(2). A
party must produce all discoverable documents or things
responsive to a request that in the party's possession,
custody, or control.
the following Motions to Compel are granted in part, and the
Defendant(s) are to provide the Plaintiff with
supplemental responses to the discovery pursuant to
Fed.R.Civ.P. 33 and 34 as listed below, within ten days from
the date of this order:
1. ECF No.107: Interrogatories Nos. 9, 10,
2. ECF No.108: Interrogatories Nos. 3, 9, 19
3. ECF No.109: Interrogatories Nos. 2, 10
4. ECF No.110: Interrogatories Nos. 10(part 1), 20,
5. ECF No. 111: Interrogatories Nos. 8, 12
6. ECF No. 112: Interrogatories Nos. 2, 4, 9, 12, 21
7. ECF No. 149: Request for Production Nos. 14, 16, 17,
8. ECF No. 151: Interrogatories No. 21,
9. ECF No. 188: Interrogatories Nos. 20(part 2), 21 (part 1),
22 (parts 1 and 2), ...