Van Hulten v. ABBA Bail Bonds, Inc.

Filing 46

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/4/2017 GRANTING IN PART and DENYING IN PART plaintiff's 41 Motion to Compel. Defendants shall serve supplemental responses to plaintiff's First Set of Requests for Production of Documents and Interrogatories no later than 12/30/2017. Defendants shall pay all outstanding monetary sanctions to defendants' counsel no later than 12/30/2017. (Zignago, K.)

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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 ADAM VAN HULTEN, 12 13 14 15 No. 2:16-cv-02459 TLN CKD Plaintiff, v. ORDER ABBA BAIL BONDS, et al., Defendants. 16 17 On November 29, 2017, the court held a hearing on plaintiff’s motion for an order 18 compelling discovery and for an order to show cause why defendants should not be held in 19 contempt of court. (ECF No. 41.) David Deason appeared telephonically for plaintiff, and 20 Timothy Hanigan appeared telephonically for defendants. 21 Plaintiff asserts that “after defendants’ failure to comply with the court’s three previous 22 discovery orders, a finding of contempt is warranted and necessary to advance to the next stage of 23 litigation.” On June 28, 2017, the court ordered defendants to serve supplemental discovery 24 responses; on August 11, 2017, the court again ordered defendants to serve responses and 25 imposed monetary sanctions; and on October 2, 2017, the court again ordered responses and 26 imposed additional monetary sanctions. To date, defendants have not provided any discovery 27 responses to plaintiff. At the hearing, attorney Hanigan represented that the records sought are 28 not in defendants’ possession or control, but defendants are in the process of obtaining them from 1 1 third parties. 2 Defendants have also failed to comply with past orders imposing monetary sanctions. 3 After the court granted defendants’ previous attorney’s motion to withdraw, it ordered Un to 4 appear in propria persona at the September 27, 2017 hearing. She did not appear, and on October 5 2, 2017, the court ordered her to serve outstanding responses and play plaintiff’s counsel $3,000 6 in sanctions by October 6, 2017. Defendants have ignored these orders and still owe $3,000 in 7 outstanding sanctions. 8 9 Plaintiff argues in his motion that the court should issue an Order to Show Cause why defendants should not be held in contempt of court. See Fed. R. Civ. P. 37(b)(2)(A)(vii) (court 10 may “treat[] as contempt of court the failure to obey any order except an order to submit to a 11 physical or mental examination”). Since the motion was filed, however, attorney Hanigan has 12 filed a notice of appearance as defendants’ counsel and appears willing to cooperate with 13 plaintiff’s counsel in providing discovery responses as soon as possible. At the hearing, both 14 parties’ counsel were amenable to a December 30, 2017 deadline for all outstanding discovery 15 responses. Attorney Hanigan also represented that he would urge defendants to pay the 16 outstanding sanctions by that date. In light of these developments, the court will abstain at this 17 time from issuing an order to show cause why defendant Un should not be held in contempt of 18 court. However, Ms. Un’s conduct in this action borders on egregious, and any further delay in 19 following court orders will not be tolerated. 20 Accordingly, IT IS HEREBY ORDERED THAT: 21 1. Plaintiff’s motion to compel and for sanctions (ECF No. 41) is granted in part and 22 denied in part; 2. Defendants shall serve supplemental responses to plaintiff’s First Set of Requests for 23 24 Production of Documents and Interrogatories, including production of all responsive documents, 25 without objection, no later than December 30, 2017; and 26 //// 27 //// 28 //// 2 1 3. Defendants shall pay all outstanding monetary sanctions to defendants’ counsel no 2 later than December 30, 2017. 3 Dated: December 4, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 2/vanhulten2459.mtc3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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