Rodriquez v. Calace et al
Filing
94
ORDER granting 93 Motion to Compel; granting in part and denying in part 93 Motion for Sanctions consistent with this ruling and order. Plaintiff's counsel will provide a copy of this ruling to his client. Plaintiff has until Friday, March 2, 2012 to provide all outstanding discovery responses. Signed by Judge Holly B. Fitzsimmons on 2/22/12. (Esposito, A.)
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
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:
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v.
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NICHOLAS CALACE,
:
BERNAVIN ARMSTRONG and
:
BRIDGEPORT HOUSING AUTHORITY, :
:
:
LORI RODRIGUEZ
CIV. NO. 3:07CV200 (WWE)
RULING ON DEFENDANTS’ MOTION FOR SANCTIONS
Lori Rodriguez brings this employment discrimination law
suit against her employer, the Bridgeport Housing Authority
(“BHA”); its Executive Director, Nicholas Calace, and her direct
supervisor, Bernavin Armstrong.
On February 21, 2012, defendants’ counsel contacted the
Court, requesting a telephone conference to address plaintiff’s
failure to provide responses to defendants’ December 2011
discovery requests. [Doc. #93].
February 22, 2012.
A conference call was held on
Defendants’ counsel represented that, after
he received no responses, counsel conferred and agreed that
plaintiff would provide her responses by February 15, 2012.
To
date, no responses have been provided.
Despite the best efforts of plaintiff’s counsel, he has been
unable to get timely and complete responses to defendants’
discovery requests from his client.
Plaintiff is cautioned that
failure to cooperate with her counsel and/or to meet court
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ordered deadlines may expose her to sanctions, up to and
including dismissal of the case.
Plaintiff’s counsel will
provide his client with a copy of this order.
The Court will deem defendants’ unanswered Requests to Admit
admitted. Plaintiff has until Friday, March 2, 2012 to provide
all outstanding discovery responses. If there are no further
responsive documents, plaintiff will state so under oath.
If
defendants are not satisfied with plaintiff’s responses, they may
seek appropriate sanctions.
Written discovery will close on Friday, March 2, 2012,
except for the on-going obligation to supplement.
This order does not modify the dates set forth in the
parties’ Joint Scheduling Order, approved by Judge Eginton on
January 30, 2012. [Doc. #89].
Accordingly, defendant’s oral Motion to Compel and for
Sanctions
[Doc. #93] is GRANTED in part and DENIED in part,
consistent with this ruling and order.
Defendants’ counsel will
contact the Court after March 2, 2012, to request additional
relief if plaintiff fails to comply with this order.
This is not a recommended ruling.
This is a discovery
ruling and order which is reviewable pursuant to the "clearly
erroneous" statutory standard of review.
28 U.S.C. § 636
(b)(1)(A); Fed. R. Civ. P. 6(a), 6(e) and 72(a); and Rule 2 of
the Local Rules for United States Magistrate Judges.
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As such, it
is an order of the Court unless reversed or modified by the
district judge upon motion timely made.
SO ORDERED at Bridgeport this 22nd day of February 2012.
___/s/________________________
HOLLY B. FITZSIMMONS
UNITED STATES MAGISTRATE JUDGE
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