ACTIVE 49910385v2

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

GREGORY A. LADELE, D.O.,

Plaintiff,

v. Case No. 4:20-cv-00080-MW-MAF

MHM HEALTH PROFESSIONALS, LLC,

f/k/a MHM HEALTH PROFESSIONALS, INC.

Defendant.

___________________________________/

DEFENDANT’S MOTION TO COMPEL PLAINTIFF’S 

RESPONSES TO DEFENDANT’S DISCOVERY

Defendant, MHM Health Professionals, LLC (“Defendant” or 

“MHMHP”), by and through its undersigned counsel, hereby respectfully 

moves this Court for an Order requiring Plaintiff to provide responses to 

Defendant’s First Set of Interrogatories to Plaintiff Gregory A. Ladele and 

Defendant’s First Request for Production of Documents to Plaintiff Gregory 

A. Ladele. The grounds upon which the instant motion is based are as 

follows:

1. Defendant served its First Set of Interrogatories to Plaintiff 

Gregory A. Ladele and its First Request for Production of Documents to 

Plaintiff Gregory A. Ladele upon counsel for Plaintiff on November 21, 2019. 

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2. Pursuant to Federal Rule of Civil Procedure 34, Plaintiff’s 

discovery responses were due on or before December 23, 2019.

3. On December 27, 2019, counsel for Defendant requested the 

status of the past-due discovery responses without response. See Exhibit

“A” (email correspondence between Plaintiff’s counsel and Defendant’s 

counsel).

4. On January 13, 2020, counsel for MHMHP again requested the 

status of the outstanding discovery.

5. On the same day, counsel for Plaintiff agree to produce discovery 

responses “by the end of the week.” 

6. On January 27, 2020, having not received anything, counsel for 

Defendant again requested the status of the responses. Further, counsel for 

Defendant informed Plaintiff’s counsel that “we will need to seek judicial 

relief” if the discovery responses were not propounded.

7. On the same date, counsel for Plaintiff responded: “Sorry for the 

delay. We are working on the discovery responses and you should have 

them shortly.”

8. On February 3, 2020, counsel for Defendant contacted counsel 

for Plaintiff regarding a status update on the discovery responses and

notified Plaintiff’s counsel that Defendant intended to file a motion to compel. 

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9. On the same date, February 3, 2020, counsel for Plaintiff

responded that the discovery responses would be received “within the next 

day or so.” 

10. On March 12, 2020, Defendant filed Defendant’s Status Report.

[Doc. 9]. Defendant noted that it had not received responses to the 

outstanding discovery responses. 

11. On March 12, 2020, Plaintiff filed Plaintiff’s Status Report. [Doc.

10]. Plaintiff submitted to the Court that he “anticipated Plaintiff will submit 

discovery requests to Defendant no later than March 2020.” 

12. To date, and for almost five months, Plaintiff has completely

failed to respond to either Defendant’s First Request for Production of 

Documents to Plaintiff Gregory A. Ladele or Defendant’s First Set of 

Interrogatories to Plaintiff Gregory A. Ladele. 

13. Plaintiff’s failure to produce discovery responses is obstructing

discovery in this case. 

14. Accordingly, MHMHP respectfully requests that this Court enter

an Order compelling Plaintiff to produce discovery responses and awarding 

MHMHP its attorneys’ fees incurred in preparing the instant motion and for 

any such other relief that the Court deems warranted. 

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CERTIFICATE OF RULE 7.01(B)

The undersigned counsel certifies that on two occasions, January 27, 

2020 and February 3, 2020, counsel for MHMHP made good faith efforts to 

resolve this issue and to notify Plaintiff’s counsel of its intent to file a motion 

to compel discovery if Plaintiff’s responses were not received. The 

conciliation provided Plaintiff additional time to respond prior to the filing of 

the instant motion, however, Plaintiff has still not met his discovery 

obligations. 

Respectfully submitted,

/s/Catherine H. Molloy

Richard C. McCrea, Jr.

Florida Bar No. 351539

Email: mccrear@gtlaw.com

Catherine H. Molloy

Florida Bar No. 33500

Email: molloyk@gtlaw.com

Cayla M. Page

Florida Bar No. 1003487

Email: pagec@gtlaw.com

GREENBERG TRAURIG, P.A.

101 E. Kennedy Boulevard

Suite 1900

Tampa, Florida 33602

(813) 318-5700 – Telephone

(813) 318-5900 – Facsimile

Attorneys for Defendant

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on April 10, 2020, I electronically filed the 

foregoing with the Clerk of the Court by using the CM/ECF system, which will 

send a notice of electronic filing to: 

Farnita Saunders Hill

Marie A. Mattox, P.A.

203 North Gadsden Street

Tallahassee, Florida 32301

farnita@mattoxlaw.com

jervonie@mattoxlaw.com

michelle2@mattoxlaw.com

/s/Catherine H. Molloy

Attorney

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