Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Watts v. Brunson, Robinson & Huffstutler, Attorneys, P.A.

United States District Court, N.D. Alabama, Middle Division

May 24, 2017

ROGER WILLIAM WATTS, Plaintiff,
v.
BRUNSON, ROBINSON & HUFFSTUTLER, ATTORNEYS, P.A., and STEVE P. BRUNSON, Defendants. WINSOUTH CREDIT UNION, Counter Claimant,
v.
ROGER WILLIAM WATTS, Counter Defendant.

          MEMORANDUM OPINION AND ORDER

          VIRGINIA EMERSON HOPKINS, United States District Judge

         I. Introduction and Procedural History

         On May 2, 2016, Plaintiffs Roger William Watts (“Mr. Watts”) and Roger William Watts, Jr.[1] initiated this action against Defendants Winsouth Credit Union (“Winsouth”); Brunson, Robinson & Huffstutler, Attorneys, P.A.; and Steve P. Brunson (“Mr. Brunson”) (together with Brunson, Robinson & Huffstutler, Attorneys, P.A., “Defendants”). On October 25, 2016, Plaintiff filed an amended complaint in which he withdrew his claims against Winsouth. (Doc. 29). Those claims were accordingly dismissed without prejudice by the Court on October 28, 2016. (Doc. 31).

         On February 7, 2017, Brunson, Robinson & Huffstutler, Attorneys, P.A. filed (1) a Motion To Compel Mr. Watts to provide initial disclosures and responses to requests for production (doc. 40) and (2) a Motion to establish facts for the purposes of this litigation. (doc. 41). That same day, the Court ordered Mr. Watts to show cause as follows:

Mr. Watts is hereby ORDERED to SHOW CAUSE no later than February 28, 2017, why he should not be compelled to provide the aforementioned initial disclosures and respond to the aforementioned requests for production. Mr. Watts is also hereby ORDERED to SHOW CAUSE no later than February 28, 2017, why the Court should not grant the (doc. 41) Motion To Establish Facts for the purpose of this litigation.
Mr. Watts is hereby PUT ON NOTICE that if he fails to respond to this Order by that date, his claims against Brunson, Robinson & Huffstutler, Attorneys, P.A., may be DISMISSED WITHOUT PREJUDICE for failure to prosecute.

(Doc. 42 at 1-2). On March 1, 2017, Mr. Watts filed a Motion for Extension of Time, and the Court granted him an extension to respond until March 31, 2017. (Docs. 44, 45). On March 30, 2017, Mr. Watts filed a second Motion for Extension of Time. (Doc. 46). The Court granted the extension but also specified that no further extension of this deadline would be granted. (Doc. 47).

         On April 28, 2017, Mr. Watts filed a document titled “Responses and Objections To Propounding Party's Requests for Admission, ” which responded to Defendants' Requests for Admission but did not address or respond to the long-outstanding requests for initial disclosures and responses to requests for production. (Doc. 48).

         On May 2, 2017, Brunson, Robinson & Huffstutler, Attorneys, P.A. filed a supplement to the Motion To Compel, stating that “[m]ovant does not seek dismissal of the plaintiff's claims without prejudice. Plaintiff is a pro se litigant, and a dismissal without prejudice will simply give him the opportunity to file a third frivolous lawsuit against Steve P. Brunson and Brunson, Robinson & Huffstutler, Attorneys, P.A. . . . [o]ne way or another, the plaintiff's claims need to be litigated to a final order.” (Doc. 50 at 2). The supplemental filing urged the Court to either (1) dismiss Mr. Watts's claims against Steve P. Brunson and the law firm of Brunson, Robinson, & Huffstutler, Attorneys, P.A. with prejudice or (2) prohibit Mr. Watts from offering “any documents or other tangible evidence in opposition to movant's upcoming motion for summary judgment that should have already been produced with the plaintiff's initial disclosures and/or in response to movant's request for production.” (Doc. 50 at 2-3).

         On May 4, 2017, the Court granted in part the Motion To Establish Facts. (Doc. 52). The Court also granted the Motion To Compel and ordered Mr. Watts as follows:

Mr. Watts is hereby ORDERED to respond fully to Movant's requests for Initial Disclosures and Requests for Production within fourteen (14) days of the date of this Order. The time for objections has now expired, so any objection filed by Mr. Watts to these requests will be STRICKEN from the record. The Court previously warned Mr. Watts that a failure to comply with its Orders would result in the dismissal of his claims for failure to prosecute. (Doc. 42 at 2). Mr. Watts is hereby PUT ON NOTICE that a failure to respond fully to Movant's requests for Initial Disclosures and Requests for Production within fourteen days will result in the dismissal of his claims against Brunson, Robinson & Huffstutler, Attorneys, P.A. and Steve P. Brunson WITH PREJUDICE.

(Doc. 52 at 3).

         The deadline for Mr. Watts to respond to Defendants' Requests for Initial Disclosures and Requests for Production passed on May 18, 2017, without any filing from Mr. Watts. Four days later, on May 22, 2017, Mr. Watts filed a response that still failed to fully comply with all of Defendants' discovery requests, despite the Court's explicit warning that a failure to do so would result in the dismissal of his claims with prejudice. (Doc. 53). In fact, Mr. Watts's response is identical to his earlier and inadequate filing (doc. 48), in which he responded to the requests for admission but did not address the long-outstanding requests for initial disclosures and responses to requests for production.

         That same day, Defendants filed a reply, notifying this Court that, as of May 22, 2017, they have not received any initial disclosures or responses to requests for production from Mr. Watts. (Doc. 54). For the reasons explained below, Mr. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.