Fann et al v. Hartford Underwriters Insurance Company

Filing 30

ORDER: 21 MOTION to Compel and for a Ruling and Request for Attorneys' Fees filed by Hartford Underwriters Insurance Company is GRANTED. by Magistrate Judge Boyd N. Boland on 6/28/12. (bnbcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 11-cv-03156-CMA-BNB
PAUL FANN, and
LENORE FANN,
Plaintiffs,
v.
THE HARTFORD UNDERWRITERS INSURANCE COMPANY,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on Defendant’s Motion to Compel [etc.] [Doc. # 21, filed 5/21/2012]
(the “Motion to Compel”). I held a hearing on the Motion to Compel this morning and made
rulings on the record, which are incorporated here.
The plaintiffs waited until after the Motion to Compel was filed to provide their
discovery responses, and waited until the morning of the hearing on the Motion to Compel to
provide copies of documents relied on pursuant to Rule 33(d), Fed. R. Civ. P. This failure to
make discovery in a timely manner and without the intervention of the court, despite the
defendant’s good faith efforts to avoid court action, is not substantially justified, nor have the
plaintiffs articulated grounds which make the award of attorneys fees to the defendant unjust.
IT IS ORDERED:
(1)

The Motion to Compel [Doc. # 21] is GRANTED;

(2)

All objections to the discovery are waived;

(3)

The plaintiff shall provide full and complete discovery responses in a manner that

complies with the formalities of the Federal Rules of Civil Procedure and produce all responsive
documents and all documents relied on pursuant to Rule 33(d) on or before July 9, 2012; and
(4)

The defendant is awarded its reasonable expenses incurred in making the Motion

to Compel, including attorney’s fees, pursuant to Rule 37(a)(5). To effectuate this award, the
defendant shall submit its fee application to the plaintiffs on or before July 9, 2012. If the parties
cannot agree on the amount of the award, the defendant shall file its fee application on July 16,
2012, and the plaintiffs shall reply on or before July 23, 2012. The award is made jointly and
severally against the plaintiffs and their counsel.
Dated June 28, 2012.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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