Wells Fargo Bank, N.A. v. Fellers et al
MEMORANDUM OPINION re: pltf's Motion to Compel. Signed by Magistrate Judge Theresa Carroll Buchanan on 02/08/13. (pmil)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
WELLS FARGO BANK, N.A.,
JACK W. FELLERS, et al.,
Civ. No. 1:12cv927
THIS MATTER came before the Court on plaintiff’s Motion to
Compel (Dkt. 12). The Court has reviewed the pleadings.
Defendants’ counsel provided a vague, wholly
unsatisfactory explanation for defendants’ failure to respond to
discovery, especially given defendants’ counsel’s lack of
immediate response to plaintiff’s counsel’s follow-up inquiries.
The Court is dismayed at the apparent lack of diligence and
concern with respect to defendants’ counsel’s obligations. The
Court, therefore, finds that the motion must be granted.
Defendants must hand deliver complete discovery responses to
plaintiff’s counsel by 5:00 p.m. on February 15, 2013. Failure
to comply may result in sanctions pursuant to Fed. R. Civ. P.
37. Costs and fees for bringing this motion are appropriate and
should be awarded against defendants and John P. Forest, II and
StahlZelloe, PC, jointly and severally. Plaintiff shall file a
statement of fees and costs forthwith for the Court’s
consideration. An appropriate Order shall issue.
ENTERED this 8th day of February, 2013.
THERESA CARROLL BUCHANAN
UNITED STATES MAGISTRATE JUDGE