IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE

AT CHATTANOOGA

SHANDLE MARIE RILEY )

)
Plaintiff, )
v. )
) No. 1:19-CV-00304
HAMILTON COUNTY GOVERNMENT )
)
DEPUTY DANIEL WILKEY, in his ) McDonough/Steger
capacity as deputy sheriff for Hamilton )
County Government and, in his individual )
capacity, )
) JURY DEMAND
DEPUTY JACOB GOFORTH, in his )
capacity as deputy sheriff for Hamilton )
County Government and, in his individual )
capacity, and )
)
)
Defendants, )

MOTION TO COMPEL OR IN THE ALTERNATIVE DISMISS MRS’S COMPLAINT

COMES NOW Defendants Hamilton County, Tyler McRae and Daniel Wilkey

(hereinafter “Defendants”), by and through counsel Sharon Milling, W. Gerald Tidwell and J.

Micah Guster, and files this Motion to Compel Discovery or in the Alternative Dismiss MRS’s

Complaint in Case Number 1:19-cv-00348 pursuant to Rules 37(a)(3)(B)(iii), 37(a)(3)(B)(i), 36

and 41(b) of the Federal Rules of Civil Procedure. This motion is based on the Plaintiffs failure

to answer interrogatories and Request for Admission propounded by Defendants Tyler McRae

and Daniel Wilkey which have gone unanswered and the Plaintiff’s failure to appear for a

deposition which she was duly noticed to pursuant to Rule 30(b)(1).

Case 1:19-cv-00304-TRM-CHS Document 325 Filed 02/05/21 Page 1 of 3 PageID #: 2430

 Attached to this motion are the unsigned answers to interrogatories propounded by

Wilkey and McRae respectively marked Exhibit 1 and 2. Also attached are the blank answers to

Request for Admissions propounded by McRae and marked Exhibit 3.

Defendants further request sanctions in the form of attorney’s fees and legal expenses

against the Plaintiff for the burden of prosecuting this motion and the wasted time and expense of

seeking out the answers to interrogatories, request for admissions, and preparing for depositions

that never occurred due to the Plaintiff MRS’s failure to cooperate in discovery that has been

willful, in bad faith, and of her own fault pursuant to Fed. R. Civ. P. 37(a) and (d).

A memorandum in support is being with this motion.

Respectfully submitted,

By: /s/W. Gerald Tidwell, Jr.______

W. Gerald Tidwell, Jr., BPR#10136
P.O. Box 4369
Chattanooga, TN 37405
Phone: (423) 602-7511
Attorney for Defendant Tyler McRae

By: /s/ Micah Guster _________

J. Micah Guster, BPR No. 29586
1502 McCallie Ave
Chattanooga, TN 37404
Phone: (423) 485-8088
Attorney for Defendant Daniel Wilkey

AND

By: /s/ Sharon Milling _________

Sharon Milling, BPR No. 36876
625 Georgia Avenue
Chattanooga, TN 37402
Phone: (423) 209-6150
Attorney for Defendant Hamilton County Government

Case 1:19-cv-00304-TRM-CHS Document 325 Filed 02/05/21 Page 2 of 3 PageID #: 2431

 CERTIFICATE OF SERVICE
I hereby certify that I have attempted to resolve this discovery issue with opposing counsel
prior to filing this motion and have been unable do so. I hereby certify that I have served a true
and correct copy of the foregoing pleading upon the following individual(s) via ECF, hand
delivery, fax, email and/or regular U.S. mail, postage prepaid, and correctly addressed as follows:

Catherine White, Esq.

1016 Dallas Road, Suite 203
Chattanooga, TN 37405
catherinewk@comcast.net

This _5th day of February, 2021.

/s/ W. Gerald Tidwell, Jr.

W. Gerald Tidwell, Jr.

Case 1:19-cv-00304-TRM-CHS Document 325 Filed 02/05/21 Page 3 of 3 PageID #: 2432