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Case 4:13-mc-00005-BAE-GRS Document 6 Filed 06/04/13 Page 1 of 2

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF GEORGIA

SAVANNAH DIVISION

PIONEER CONSTRUCTION, INC.

Plaintiff,

SAVAGE H. LYNAH, JR.

Defendant.

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Case No. MC413-005

Pioneer Construction, Inc. opened this miscellaneous case for the

purpose of collecting on its judgment against Savage H. Lynah, Jr.

Because Lynah has ignored Pioneer's post-judgment discovery, Pioneer

moves to compel him to answer it and pay its reasonable expenses under

Fed. R. Civ. P. 37(a). Doc. 5 at 1. "The right to conduct discovery

applies both before and after judgment. See United States v. McWhirter,

376 F.2d 102, 106 (5th Cir. 1967)." Credit Lyonnais, S.A. v. SGC Intern.,

Inc., 160 F.3d 428 1 430 (8th Cir. 1998). Ajudgment creditor may conduct

full post-judgment discovery to aid in executing on its judgment.

Id.;

Fed. R. Civ. P. 69. "And a party may file, and a court may grant, a motion

Case 4:13-mc-00005-BAE-GRS Document 6 Filed 06/04/13 Page 2 of 2

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to compel discovery sought under Rule 69." Cooper v. Dallas Police Ass'n,

2013 WL 1787564 at * 3 (N.D.Tex. Apr. 5, 2013).

Pioneer's motion to compel is unopposed pursuant to Local Rule 7.5

("Failure to respond within the applicable time period shall indicate that

there is no opposition to a motion."). The motion is otherwise legally

supported and therefore GRANTED. Doc. 5. Lynagh shall respond to

Pioneer's discovery within 14 days of the date this Order is served.

Pioneer is awarded $250 in expenses.

SO ORDERED, this _

(cid:9) day of t 013 .

UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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