Pacek v. Travelers Commercial Ins. Co., et al

Filing 22

ORDER signed by Magistrate Judge Deborah Barnes on 01/17/2023 VACATING the 1/20/2023 hearing date and GRANTING the 19 Motion to Compel. Plaintiff's counsel is DIRECTED to pay defendants sanctions in the amount of $1,800.00 and provide the responsive discovery without objection within 7 days. (Spichka, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAROSLAW PACEK,

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No. 2:22-cv-0714 MCE DB

Plaintiff,

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v.

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ORDER

TRAVELERS COMMERCIALS
INSURANCE COMPANY, et al.,

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Defendants.

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Plaintiff, proceeding through counsel, commenced this action on April 25, 2022, by filing

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a complaint and paying the applicable filing fee. (ECF No. 1.) On January 6, 2023, defendants

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filed a motion to compel and noticed the motion for hearing before the undersigned on January

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20, 2023, pursuant to Local Rule 302(c)(1).1 (ECF No. 19.) Defendants’ motion asserts that

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plaintiff completely and totally failed to respond to defendants’ first set of interrogatories and

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requests for production. (Id. at 1-2.) The motion seeks an order finding that plaintiff has waived

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all objections, compelling production within seven days, and ordering payment of sanctions in the

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amount of $1,800. (ECF No. 19-2 at 2.) Defendants’ motion is supported by a declaration from

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counsel as well as exhibits. (ECF No. 19-1.)

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The undersigned finds defendants’ motion suitable for resolution without a hearing pursuant to
Local Rule 230(g).
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Pursuant to Local Rule 251(e) plaintiff was to file a response to the motion to compel on

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or before January 13, 2023. Plaintiff did not do so. On January 16, 2023, defendants filed a reply

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noting plaintiff’s failure to file a response to the motion to compel. (ECF No. 21.) As of the date

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of this order, plaintiff has not filed any response to defendants’ filings.
After reviewing defendants’ briefing, and given plaintiff’s total failure to respond, the

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undersigned finds good cause to grant defendants’ motion.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants’ unopposed January 6, 2023 motion to compel (ECF No. 19) is granted;

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2. Within seven days of the date of this order plaintiff shall provide the responsive

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discovery without objection;
3. Within seven days of the date of this order plaintiff’s counsel shall pay defendants

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sanctions in the amount of $1,8002; and
4. The January 20, 2023 hearing of defendants’ motion is vacated.

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Dated: January 17, 2023

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DLB:6
DB/orders/orders.civil/pacek0714.mtc.grnt.ord

The payment of this sanction shall be borne exclusively by plaintiff’s counsel and may not be
passed on to plaintiff.
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