JLG Enterprises, Inc. v. Excalibur Sires, Inc.

Filing 70

ORDER to SHOW CAUSE why sanctions should not be imposed for failure to comply with the Court's order. Within 10 days after service of this order, Excalibur is ORDERED to SHOW CAUSE in writing why monetary sanctions or default judgment should no t be imposed for its failure to comply with the Court's June 27, 2011, discovery order; Excalibur's counsel it DIRECTED to take all reasonable actions to effect service of this order upon Excalibur; Within 5 days after service of this order , JLG shall submit a statement of its reasonable expenses, including attorney's fees, incurred as a result of Excalibur's failure to comply with the Court's June 27, 2011, order; and Excalibur is cautioned that the case terminating sanction of default judgment may be recommended to the District Judge, particularly if Excalibur fails to comply with this order. Order signed by Magistrate Judge Sheila K. Oberto on 8/12/2011. (Timken, A)

1
2
3
4

UNITED STATES DISTRICT COURT

5

EASTERN DISTRICT OF CALIFORNIA

6
7

JLG ENTERPRISES, INC., a California
corporation,

8
9
10
11

CASE NO. 1:10-cv-02138-AWI-SKO
ORDER TO SHOW CAUSE WHY
SANCTIONS SHOULD NOT BE
IMPOSED FOR FAILURE TO
COMPLY WITH THE COURT’S
ORDER

Plaintiff,
v.
EXCALIBUR SIRES, INC., a Minnesota
corporation, and DOES 1 through 25,
inclusive,

12

Defendants.

13
14
EXCALIBUR SIRES, INC.,
15
16
17

Counterclaimant,
v.

18
JLG ENTERPRISES, INC.,
19
20

Counterdefendant.
___________________________________/

21
22

I.

INTRODUCTION

23

On June 1, 2011, Plaintiff JLG Enterprises, Inc., ("JLG") filed a motion to compel based on

24

Defendant Excalibur Sires, Inc.'s ("Excalibur") complete failure to provide responses to JLG's

25

outstanding discovery requests consisting of Interrogatories, Requests for Admission, and Requests

26

for Production of Documents. (Doc. 60.) Excalibur filed a statement of non-opposition to the

27

motion and a declaration from counsel in opposition to JLG's request for sanctions. (Docs. 63, 63-1.)

28

1

On June 27, 2011, the Court issued an order requiring Excalibur to provide responses to

2

JLG's Interrogatories and Requests for Production of Documents within 30 days from the date of the

3

order. JLG requested that it be awarded reasonable expenses for the motion as well as additional

4

monetary sanctions for Excalibur's failure to respond to the discovery requests. The Court held in

5

abeyance its decision as to an award of sanctions and apportionment of any reasonable attorney's fees

6

until Excalibur provided responses to the outstanding discovery.

7

On August 2, 2011, JLG filed a status report indicating that Excalibur did not comply with

8

the Court's June 27, 2011, order and that no responses to the outstanding discovery requests were

9

served. In its status report, JLG renewed its request that it be awarded the reasonable attorney's fees

10

associated with the motion. (Doc. 69, 2:5.) Further, JLG requests that the Court impose a case-

11

terminating sanction and enter default judgment against Excalibur. (Doc. 69, 2:6-12.)

12
13
14

For the reasons set forth below, the Court ORDERS Excalibur to SHOW CAUSE why
sanctions should not be imposed for its failure to comply with the Court's June 27, 2011, order.
II.

DISCUSSION

15

Pursuant to Federal Rule of Civil Procedure 37(b)(1), a party's failure to comply with a

16

court's discovery order may be treated as contempt of court, and the court may order the imposition

17

of sanctions. Fed. R. Civ. P. 37(b)(1). Sanctions that may be imposed include the following:

18

(1) directing that the matters embraced in the order or other designated facts be taken as established

19

for purposes of the action, as the prevailing party claims; (2) prohibiting the disobedient party from

20

supporting or opposing designated claims or defenses, or from introducing designated matters into

21

evidence; (3) striking pleadings in whole or in part; (4) staying further proceedings until the order

22

is obeyed; (5) dismissing the action or proceeding in whole or in part; or (6) rendering a default

23

judgment against the disobedient party. Fed. R. Civ. P. 37(b)(2)(A)(i)-(vi).

24

"Instead of or in addition to the orders above, the court must order the disobedient party, the

25

attorney advising that party, or both to pay the reasonable expenses, including attorneys' fees, caused

26

by the failure, unless the failure was substantially justified or other circumstances make an award

27

of expenses unjust." Fed. R. Civ. P. 37(b)(2)(C).

28
2

1

JLG has requested that the Court impose a case-terminating sanction for Exalibur's non-

2

compliance with the Court's June 27, 2011, order. Excalibur's complete refusal to participate in

3

discovery has hampered the progress of discovery and the litigation in general. Excalibur is

4

cautioned that, beyond any monetary sanctions imposed, the Court will be inclined to

5

recommend the imposition of a case terminating sanction if Excalibur fails to respond to this

6

order to show cause.

7

III. CONCLUSION

8

Accordingly, IT IS HEREBY ORDERED that:

9

1.

Within 10 days after service of this order, Excalibur is ORDERED to SHOW

10

CAUSE in writing why monetary sanctions or default judgment should not be

11

imposed for its failure to comply with the Court's June 27, 2011, discovery order;

12

2.

13

Excalibur's counsel it DIRECTED to take all reasonable actions to effect service of
this order upon Excalibur;

14

3.

Within 5 days after service of this order, JLG shall submit a statement of its

15

reasonable expenses, including attorney's fees, incurred as a result of Excalibur's

16

failure to comply with the Court's June 27, 2011, order; and

17

4.

Excalibur is cautioned that the case terminating sanction of default judgment

18

may be recommended to the District Judge, particularly if Excalibur fails to

19

comply with this order.

20
21

IT IS SO ORDERED.

22

Dated:
ie14hj

August 12, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

23
24
25
26
27
28
3