Grady v. Lambert

Filing 29

MINUTE ORDER granting 23 defendant's Motion to Withdraw as Attorney. Attorney John Allan Arsenault terminated. Granting 27 plaintiff's Motion to Compel Production of Computer Hard Drives. On or before 5/30/2014, defendant shall p rovide electronically stored information as set forth in the order. On or before 6/4/2014, plaintiff shall show cause in writing why he should not have to pay plaintiff's reasonable expenses as set forth in the order. By Magistrate Judge Michael J. Watanabe on 5/13/2014.(emill)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02828-MSK-MJW
JAMES S. GRADY,
Plaintiff(s),
v.
JEREMY LAMBERT, aka “watergod,”
Defendant(s).
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that the Unopposed Motion for Withdrawal of Counsel
(Docket No. 23) is GRANTED, and John A. Arsenault, Esq., is withdrawn as counsel for
defendant Jeremy Lambert. No response to this motion was received from defendant
Lambert despite this court’s notice to Mr. Lambert that he had until April 16, 2014, to do
so (Docket No. 25). Unless counsel enters an appearance on behalf of defendant
Lambert, Mr. Lambert shall represent himself pro se and shall be responsible for all
court dates, deadlines, and complying with all orders issued by the court. Failure to do
so may very well result in sanctions being imposed, which could include monetary
sanctions, as well as the entry of a default judgment against defendant Lambert in this
matter.
It is further ORDERED that the Clerk of Court shall enter defendant’s address on
the docket and send him a copy of this Minute Order, the Scheduling Order (Docket No.
21), and the Trial Preparation Order (Docket No. 22). Defendant Lambert’s address is
4230 NW Macintosh Rd., Camas, WA 98607.
Also before the court is the plaintiff’s Motion to Compel Production of Computer
Hard Drives (Docket No. 27). No response was filed, and thus the motion is deemed
confessed. Substantially for the reasons stated in the motion, it is hereby ORDERED
that the plaintiff’s Motion to Compel Production of Computer Hard Drives (Docket No.
27) is GRANTED. The discovery sought by plaintiff is relevant to plaintiff’s claims and in
fact is listed in defendant’s initial disclosures. It is thus further
ORDERED that on or before May 30, 2014, defendant Jeremy Lambert shall
provide to counsel for plaintiff electronically stored information in the physical form of
hard drives or mirrors thereof which include information which reflects, refers, or relates
to the copying storage, downloading, uploading, and misappropriation of plaintiff’s
copyrighted works from November 2012 to the date of this Minute Order. It is further

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ORDERED that on or before June 4, 2014, defendant Lambert shall show cause
in writing to this court why he should not have to pay plaintiff’s reasonable expenses,
including attorney fees, incurred in making the motion to compel (Docket No. 27),
including any circumstances that make an award of expenses unjust, pursuant to Fed.
R. Civ. P. 37(a)(5)(A).
Date: May 13, 2014