Van Hulten v. ABBA Bail Bonds, Inc.
ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/2/2017 GRANTING 31 Motion to Compel as follows: Defendant Un shall serve Supplemental Responses to Plaintiff's First Sets of Requests for Production of Documents and Interrogatories no later than 10/6/2017. Sanctions are imposed against defendant Un and must be paid to plaintiff's counsel in the amount of $750, along with outstanding sanctions in the amount of $2,250, by 10/6/2017. (Zignago, K.)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
ADAM VAN HULTEN,
No. 2:16-cv-02459 TLN CKD
ABBA BAIL BONDS, et al.,
On September 27, 2017, the court held a hearing on plaintiff’s second motion to compel
and for sanctions against defendants. (ECF No. 31.) David Deason appeared telephonically for
plaintiff. Defendant Un, now representing herself after her attorney successfully moved to
withdraw (see ECF No. 36), did not appear, although both the district judge and the undersigned
ordered her to appear (ECF Nos. 36& 37) and the courtroom deputy attempted to contact her prior
to the scheduled hearing. (See ECF No. 39.)
This action is styled as a class action on behalf of former and current ABBA employees
under the Federal Labor Standards Act (“FLSA”) and California labor law. There have been
ongoing problems obtaining discovery from defendants Un and her company, ABBA Bail Bonds.
On June 28, 2017, after an informal discovery conference, defendants were ordered to serve
supplemental responses on pain of sanctions. (ECF No. 15.) Defendants did not so do. On
August 9, 2017, defendants were again ordered to serve supplemental responses, and the court
imposed sanctions of $2,250. (ECF No. 25.) Defendants did not comply. At plaintiff’s request,
the district judge extended the deadline for pre-certification discovery to November 10, 2017 and
the deadline for plaintiff to file his motion for class certification to November 16, 2017. (ECF
Before the court is plaintiff’s second motion to compel, stating that: “To date, and despite
the Court’s two (2) previous discovery orders, Plaintiff has not received any discovery from
Defendant.” (ECF No. 31-1.) Good cause appearing, the court will grant plaintiff’s motion to
compel and impose monetary sanctions. Defendant Un is ordered to comply; failure to comply
will result in additional sanctions, which may include being held in contempt of court.
Accordingly, IT IS HEREBY ORDERED THAT:
1. Plaintiff’s motion to compel (ECF No. 31) is granted as follows:
2. Defendant Un shall serve Supplemental Responses to Plaintiff’s First Sets of Requests
for Production of Documents and Interrogatories, including production of all responsive
documents, without objection, no later than October 6, 2017; and
3. Sanctions are imposed against defendant Un and must be paid to plaintiff’s counsel,
Deason & Archbold, in the amount of $750, along with outstanding sanctions in the amount of
$2,250, by October 6, 2017.
Dated: October 2, 2017
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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