In Hughes v. City of Nashville, 137 Tenn. 177, 192 S.W. 916, where the City of Nashville had contracted with one Farrell to make an excavation in a street which was left unguarded at night by Farrell, with result that plaintiff was injured, it was held that the City of Nashville was entitled to the notice required by section 6-1003 T.C.A., as a condition precedent to plaintiff's cause of action.Summary of this case from City of Paris v. Browning
Civil Action No. 7:05-cv-74 (HL).
January 11, 2006
This matter is before the Court on the Motion to Dismiss or, in the Alternative, to Compel Discovery Responses [doc 15] of Defendant City of Nashville. Plaintiff, Gregory Hughes, has failed to respond to the Motion. The Court, having considered Defendant's Motion, hereby directs as follows.
1. Defendant's Motion, insofar as it seeks to compel Plaintiff to respond to Defendant's First Interrogatories to Plaintiff and Defendant's First Request for Production of Documents to Plaintiff, is granted. Plaintiff shall provide the discovery responses to Defendant by not later than 5:00 p.m. on Friday, February 10, 2006. Should Plaintiff fail to comply with the directives of this Order, his case will be dismissed.
2. Pursuant to Federal Rule of Civil Procedure 37(d), counsel for Plaintiff, Guyton Terry, is hereby directed to pay the expenses, including attorney's fees, incurred by Defendant in bringing the Motion to Dismiss or, in the Alternative, to Compel. Defendant shall file with the Court an affidavit as to the hourly rate of its attorneys, along with an itemized billing statement showing the hours expended and expenses incurred in bringing the Motion. Said documents are to be filed by not later than 5:00 p.m. on Friday, February 10, 2006.