Noshirvan v. Couture
2:23-cv-01218
M.D. Fla.Aug 6, 2024Background
- Danesh Noshirvan sued multiple defendants, alleging a conspiracy to harm him after he posted a video of defendant Couture online.
- To support his claims, Noshirvan served interrogatories and document requests on defendants Jennifer Couture and Patrick Trainor.
- When neither responded by the deadline, Noshirvan filed a motion to compel responses and sought expenses (including attorney’s fees).
- After the motion was filed, Trainor promptly responded to the discovery requests, but Couture did not respond until after the motion was pending for some time.
- Both defendants eventually provided responses, but Couture's delay prompted additional scrutiny regarding sanctions.
- The court’s decision focuses on whether to compel further discovery and whether to impose sanctions for delayed responses under Federal Rule of Civil Procedure 37.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Compel Discovery | Defendants failed to answer timely; court should compel responses | Both defendants state discovery was answered after motion filed | Denied as moot—responses now provided |
| Sanctions for Discovery Delay | Both defendants should pay expenses for necessitating the motion | Trainor: responded contemporaneously; Couture: no opposition to fee request | Expenses/fees granted against Couture, not Trainor |
Key Cases Cited
(No official reporter citations were included in the order. Only unpublished (WL) citations are referenced. No entries required in this section.)
