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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAROSLAW PACEK, 12 No. 2:22-cv-0714 MCE DB Plaintiff, 13 v. 14 ORDER TRAVELERS COMMERCIALS INSURANCE COMPANY, et al., 15 16 Defendants. 17 Plaintiff, proceeding through counsel, commenced this action on April 25, 2022, by filing 18 19 a complaint and paying the applicable filing fee. (ECF No. 1.) On January 6, 2023, defendants 20 filed a motion to compel and noticed the motion for hearing before the undersigned on January 21 20, 2023, pursuant to Local Rule 302(c)(1).1 (ECF No. 19.) Defendants’ motion asserts that 22 plaintiff completely and totally failed to respond to defendants’ first set of interrogatories and 23 requests for production. (Id. at 1-2.) The motion seeks an order finding that plaintiff has waived 24 all objections, compelling production within seven days, and ordering payment of sanctions in the 25 amount of $1,800. (ECF No. 19-2 at 2.) Defendants’ motion is supported by a declaration from 26 counsel as well as exhibits. (ECF No. 19-1.) 27 28 1 The undersigned finds defendants’ motion suitable for resolution without a hearing pursuant to Local Rule 230(g). 1 1 Pursuant to Local Rule 251(e) plaintiff was to file a response to the motion to compel on 2 or before January 13, 2023. Plaintiff did not do so. On January 16, 2023, defendants filed a reply 3 noting plaintiff’s failure to file a response to the motion to compel. (ECF No. 21.) As of the date 4 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 5 6 undersigned finds good cause to grant defendants’ motion. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. Defendants’ unopposed January 6, 2023 motion to compel (ECF No. 19) is granted; 9 2. Within seven days of the date of this order plaintiff shall provide the responsive 10 discovery without objection; 3. Within seven days of the date of this order plaintiff’s counsel shall pay defendants 11 12 sanctions in the amount of $1,8002; and 4. The January 20, 2023 hearing of defendants’ motion is vacated. 13 14 Dated: January 17, 2023 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 2 2

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