Van Hulten v. ABBA Bail Bonds, Inc.

Filing 40

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.)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ADAM VAN HULTEN, 11 12 13 14 No. 2:16-cv-02459 TLN CKD Plaintiff, v. ORDER ABBA BAIL BONDS, et al., Defendants. 15 16 On September 27, 2017, the court held a hearing on plaintiff’s second motion to compel 17 and for sanctions against defendants. (ECF No. 31.) David Deason appeared telephonically for 18 plaintiff. Defendant Un, now representing herself after her attorney successfully moved to 19 withdraw (see ECF No. 36), did not appear, although both the district judge and the undersigned 20 ordered her to appear (ECF Nos. 36& 37) and the courtroom deputy attempted to contact her prior 21 to the scheduled hearing. (See ECF No. 39.) 22 This action is styled as a class action on behalf of former and current ABBA employees 23 under the Federal Labor Standards Act (“FLSA”) and California labor law. There have been 24 ongoing problems obtaining discovery from defendants Un and her company, ABBA Bail Bonds. 25 On June 28, 2017, after an informal discovery conference, defendants were ordered to serve 26 supplemental responses on pain of sanctions. (ECF No. 15.) Defendants did not so do. On 27 August 9, 2017, defendants were again ordered to serve supplemental responses, and the court 28 imposed sanctions of $2,250. (ECF No. 25.) Defendants did not comply. At plaintiff’s request, 1 1 the district judge extended the deadline for pre-certification discovery to November 10, 2017 and 2 the deadline for plaintiff to file his motion for class certification to November 16, 2017. (ECF 3 No. 29.) 4 Before the court is plaintiff’s second motion to compel, stating that: “To date, and despite 5 the Court’s two (2) previous discovery orders, Plaintiff has not received any discovery from 6 Defendant.” (ECF No. 31-1.) Good cause appearing, the court will grant plaintiff’s motion to 7 compel and impose monetary sanctions. Defendant Un is ordered to comply; failure to comply 8 will result in additional sanctions, which may include being held in contempt of court. 9 Accordingly, IT IS HEREBY ORDERED THAT: 10 1. Plaintiff’s motion to compel (ECF No. 31) is granted as follows: 11 2. Defendant Un shall serve Supplemental Responses to Plaintiff’s First Sets of Requests 12 for Production of Documents and Interrogatories, including production of all responsive 13 documents, without objection, no later than October 6, 2017; and 14 3. Sanctions are imposed against defendant Un and must be paid to plaintiff’s counsel, 15 Deason & Archbold, in the amount of $750, along with outstanding sanctions in the amount of 16 $2,250, by October 6, 2017. 17 Dated: October 2, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 2/vanhulten2459.mtc2 25 26 27 28 2

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