RPAC RACING, LLC d/b/a Richard Petty Motorsports and ALC MANUFACTURING, INC. d/b/a Rocky Ridge Custom Trucks, Plaintiffs, v. JSG PARTNERS, LLC; J. STREICHER & CO., LLC; J. STREICHER GROUP, LLC; J. STREICHER CAPITAL, LLC; J. STREICHER ASSET MANAGEMENT, LLC; J. STREICHER ADVISORY, LLC; JEFFREY JAMES MAYO PRIEBE and PATRICK POWER, Defendants., 2017 NCBC LEXIS 220

Summary

HOLDINGS: [1]-The plaintiff was entitled to an order compelling answers and responses to all of its outstanding discovery requests because the defendants failed to answer, serve objections to, or produce documents in response to, the plaintiff's outstanding discovery requests within the time limits set forth in N.C. R. Civ. P. 33 and 34, there were no existing circumstances that made an award of expenses unjust under N.C. R. Civ. P. 37, the defendants' failure to object to the outstanding discovery requests resulted in a waiver of any objections they might have had to the outstanding discovery requests, and, pursuant to Rule 37(a)(4) and (d), the plaintiff was awarded its reasonable expenses, including attorneys' fees, against the defendants.