McFadden v. Koenigsmann ( 2021 )

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK _______________________________________ REGINALD GHAFFAAR McFADDEN, DECISION & ORDER Plaintiff, 18-CV-6684G v. D. WILLIAMS, et al., Defendants. _______________________________________ Currently pending before the Court is a motion to compel filed by plaintiff Reginald Ghaffaar McFadden. (Docket # 104). Plaintiff’s motion seeks an order compelling defendants to respond to interrogatories and document requests that he asserts he served on November 1, 2021. (Id.). Defendants oppose the motion on the grounds that the responses were not due until December 4, 2021, two days after plaintiff filed the pending motion. (Docket # 105). In any event, according to the defendants, they filed their responses to plaintiff’s discovery requests on December 1, 2021, and served the responses on plaintiff that same day. (Docket ## 99, 100, 101, 102, 105 at ¶ 10). As the defendants have now answered plaintiff’s discovery requests, his request for an order compelling them to do so is now moot. Vega v. Hatfield, 2011 WL 13128745, *1 (W.D.N.Y. 2011) (“[a]lso pending is [plaintiff’s] motion to compel certain discovery responses[;] [b]ecause defendants represent that they have now produced the requested discovery . . . , [plaintiff’s] motion to compel is denied as moot”); Smith v. Fischer, 2008 WL 5129863, *1 (W.D.N.Y. 2008) (“defendants filed a response to plaintiff’s request for admissions[;] . . . [a]ccordingly, to the extent plaintiff moves to compel a response to his requests for admissions, such motion is denied as moot”). Accordingly, plaintiff’s motion to compel (Docket # 104) is DENIED as moot. IT IS SO ORDERED. s/Marian W. Payson MARIAN W. PAYSON United States Magistrate Judge Dated: Rochester, New York December 13, 2021