DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
5
PATRICE CANTON,
5
5
Plaintiff,
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1:05-cv-143
v.
5
5
KMART CORPORATION,
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5
Defendant.
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__________________________________________5
TO:
Lee J. Rohn, Esq.
Eugenio W.A. Geigel-Simounet, Esq.
ORDER DENYING PLAINTIFF’S MOTION TO COMPEL
THIS MATTER came before the Court for consideration upon Plaintiff’s Motion to
Compel Defendant Kmart to Respond to Plaintiff’s Second Demand For Production of
Documents (Docket No. 137).  Defendant filed a response titled “Addendum to Stipulation”
that was docketed as a motion (Docket No. 138).  This order is issued without necessity of
any further response or reply.
Being advised in the premises and upon due consideration thereof, the Court finds
that factual discovery in this matter closed on July 30, 2008.  Consequently, both Plaintiff’s
discovery requests, propounded on March 26, 2009, and her motion to compel are
untimely.
Case: 1:05-cv-00143-TJS-GWC   Document #: 143   Filed: 08/11/09   Page 1 of 2
Canton v. Kmart Corporation
1:05-cv-143
Order Denying Plaintiff’s Motion to Compel
Page 2
Accordingly, it is now hereby ORDERED:
1.
Plaintiff’s Motion to Defendant Kmart to Respond to Plaintiff’s Second
Demand For Production of Documents (Docket No. 137) is DENIED.
2.
Defendant’s Addendum to Stipulation (138) is GRANTED.
ENTER:
Dated: August 11, 2009
/s/ George W. Cannon, Jr.                           
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 1:05-cv-00143-TJS-GWC   Document #: 143   Filed: 08/11/09   Page 2 of 2