Mountjoy v. Bank of America, N.A.

Filing 80

ORDER signed by Magistrate Judge Deborah Barnes on 4/26/21 VACATING the 4/30/21 hearing on defendant's 77 motion to compel. Defendant's 77 motion to compel is GRANTED. Plaintiff shall produce to defendant responsive documents, without objection, within 21 days of the date of this order. On or before 5/21/2021, plaintiff's counsel shall pay defendant $1,840.00. (Kastilahn, A) Modified on 4/26/2021 (Kastilahn, A).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CALVIN MOUNTJOY, 12 13 14 15 16 17 No. 2:15-cv-2204 TLN DB Plaintiff, v. ORDER BANK OF AMERICA N.A., SETERUS, INC., FEDERAL NATIONAL MORTGAGE ASSOCIATION, and RECONTRUST, Defendants. 18 19 On March 1, 2021, defendant Seterus, Inc., noticed a motion to compel for hearing before 20 the undersigned on March 19, 2021, pursuant to Local Rule 302(c)(1). (ECF No. 75.) Pursuant 21 to Local Rule 251(e), plaintiff was to “file a response thereto not later than seven (7) days before 22 the” March 19, 2021 hearing. Plaintiff, however, failed to file a response. 23 Accordingly, on March 16, 2021, the undersigned issued plaintiff an order to show cause. 24 (ECF No. 76.) That order continued the hearing of defendant’s motion to compel to April 16, 25 2021, ordered plaintiff to show good cause in writing within fourteen days, and provided plaintiff 26 a second opportunity to file a response to defendant’s motion to compel by April 2, 2021. (ECF 27 No. 76 at 1-2.) The order cautioned plaintiff that the failure to comply with that order could 28 result in sanctions. (Id. at 2.) Plaintiff, however, did not respond to the March 16, 2021 order in 1 1 any manner. Accordingly, on April 14, 2021, the undersigned issued an order granting 2 defendant’s motion to compel and awarding defendant sanctions. (ECF No. 78.) 3 On March 24, 2021, defendant filed another motion to compel, seeking responses without 4 objection to defendant’s Request for Production, Set One, as well as the award of monetary 5 sanctions. (ECF No. 77.) The motion includes as an exhibit an email from plaintiff’s counsel 6 discussing the discovery at issue dated March 8, 2021. (Id. at 51.) Nonetheless, plaintiff filed 7 nothing in response to defendant’s motion to compel. Instead, on April 23, 2021, defendant filed 8 a supplemental statement explaining that defendant attempted to draft a Joint Statement with 9 plaintiff but “did not receive any response from Plaintiff[.]” (ECF No. 79 at 2.) 10 Accordingly, IT IS HEREBY ORDERED that: 11 1. The April 30, 2021 hearing of defendant’s motion to compel (ECF No. 77) is vacated; 12 2. Defendant’s motion to compel filed on March 24, 2021 (ECF No. 77) is granted; 13 3. Plaintiff shall produce to defendant responsive documents, without objection, within 14 twenty-one days of the date of this order; and 4. On or before May 21, 2021, plaintiff’s counsel shall pay defendant $1,840.1 15 16 Dated: April 26, 2021 17 18 19 20 21 22 23 24 DLB:6 DB/orders/orders.civil/mountjoy2204.mtc2.grnt 25 26 27 28 Although defendant’s motion sought a sanction of $3,640, that amount assumed the expenditure of 6 hours of attorney time at a rate of $300 to review plaintiff’s opposition and appear at the April 30, 2021 hearing. (ECF No. 79 at 7.) Those hours, ultimately, were not expended. The $1,840 sanction shall be paid entirely by plaintiff’s counsel and may not be passed on to the plaintiff. 2 1

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