Defense files motion to compel in defamation case

John Suayan, Galveston Bureau Jul. 25, 2011, 9:13am

GALVESTON - Complaining Weldon Lee Miller did not properly respond to both its first request for production and first set of interrogatories, Dollar General Corp. has entered a motion to compel.

The retailer filed the necessary court documents before the Galveston County 212th District Court on July 5.

Miller is suing Dollar General after a Christmastime incident at its Dickinson store cost him his job as a contractor, stating its manager berated him for an alleged robbery at the business within earshot of his employer.

"The defendant's manager on duty stated loud enough for all in line to hear, including the plaintiff's employer who happened to also be in the same line at the time, that the plaintiff fit the description of the individual who had robbed the same store a week before," according to the original petition filed last Feb. 23 in the same court.

The complainant reportedly learned from another manager that no such robbery ever took place.

Dollar General submitted its formal response to Miller's complaints two months ago.

Its recent motion faults the plaintiff for not timely answering to the discovery requests, stating he "has not shown good cause for not responding."

The respondent additionally points out that both parties did not agree to an extension in accordance to Rule 11, and the court did not grant an extension.

Case No. 11-cv-326

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