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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ADAM VAN HULTEN,

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No. 2:16-cv-02459 TLN CKD

Plaintiff,
v.

ORDER

ABBA BAIL BONDS, et al.,
Defendants.

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On September 27, 2017, the court held a hearing on plaintiff’s second motion to compel

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and for sanctions against defendants. (ECF No. 31.) David Deason appeared telephonically for

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plaintiff. Defendant Un, now representing herself after her attorney successfully moved to

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withdraw (see ECF No. 36), did not appear, although both the district judge and the undersigned

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ordered her to appear (ECF Nos. 36& 37) and the courtroom deputy attempted to contact her prior

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to the scheduled hearing. (See ECF No. 39.)

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This action is styled as a class action on behalf of former and current ABBA employees

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under the Federal Labor Standards Act (“FLSA”) and California labor law. There have been

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ongoing problems obtaining discovery from defendants Un and her company, ABBA Bail Bonds.

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On June 28, 2017, after an informal discovery conference, defendants were ordered to serve

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supplemental responses on pain of sanctions. (ECF No. 15.) Defendants did not so do. On

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August 9, 2017, defendants were again ordered to serve supplemental responses, and the court

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imposed sanctions of $2,250. (ECF No. 25.) Defendants did not comply. At plaintiff’s request,
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the district judge extended the deadline for pre-certification discovery to November 10, 2017 and

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the deadline for plaintiff to file his motion for class certification to November 16, 2017. (ECF

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No. 29.)

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Before the court is plaintiff’s second motion to compel, stating that: “To date, and despite

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the Court’s two (2) previous discovery orders, Plaintiff has not received any discovery from

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Defendant.” (ECF No. 31-1.) Good cause appearing, the court will grant plaintiff’s motion to

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compel and impose monetary sanctions. Defendant Un is ordered to comply; failure to comply

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will result in additional sanctions, which may include being held in contempt of court.

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Accordingly, IT IS HEREBY ORDERED THAT:

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1. Plaintiff’s motion to compel (ECF No. 31) is granted as follows:

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2. Defendant Un shall serve Supplemental Responses to Plaintiff’s First Sets of Requests

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for Production of Documents and Interrogatories, including production of all responsive

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documents, without objection, no later than October 6, 2017; and

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3. Sanctions are imposed against defendant Un and must be paid to plaintiff’s counsel,

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Deason & Archbold, in the amount of $750, along with outstanding sanctions in the amount of

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$2,250, by October 6, 2017.

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Dated: October 2, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/vanhulten2459.mtc2

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